The authors of this guide acknowledge all Indigenous peoples and pay respects to the Whadjuk Nyungar people as the custodians of the Country on which we live and work. The authors of this guide are non-Indigenous. While we have sought appropriate consultation in its development, we welcome feedback from the Curtin community, particularly from Aboriginal and Torres Strait Islander Peoples and Indigenous individuals worldwide.
The target audience of this guide are Curtin University researchers who are working with, or are planning to work with, Australian Aboriginal and Torres Strait Islander individuals or communities and are seeking advice about their approach to research data. The guide provides information on approaches to ethically working with Aboriginal and Torres Strait Islander research data, whether collecting new data or reusing existing (secondary) data. Before conducting research involving Aboriginal and Torres Strait Islander individuals, communities, cultural practices, or related data, read this guide in full to ensure ethical processes with data are properly considered.
The ongoing impacts of colonisation and related unethical research approaches, now deemed outdated, mean that when involving Indigenous populations or cultural practices/knowledges in your research, a range of specific issues must be addressed, including those specific to data.
When planning for research with and for Aboriginal and Torres Strait Islander communities and individuals, you will need to consider and plan how the community will access the data and other outputs of your research in a way that is considered meaningful and beneficial by the community and individuals. Similarly, it is vital to consider and plan how you can facilitate and support their effective and ongoing control over those outputs and data. These steps can help overcome distrust of the research process that Aboriginal and Torres Strait Islander communities and individuals may hold.
The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Code of Ethics for Aboriginal and Torres Strait Islander Research provides broad guidance on research requirements, and the Mayam nayri Wingara Key Principles of Indigenous Data Sovereignty and CARE Principles for Indigenous Data Governance provide guidance specifically related to research data issues and must be considered in conjunction with the FAIR Principles.
This advice applies whether the research is collecting original data involving Aboriginal or Torres Strait Islander individuals, communities, or practices, or reusing previously collected data. This is particularly relevant if the research may impact Aboriginal and Torres Strait Islander people, whether or not they are directly involved with the research.
“From the earliest periods of colonisation, views about Aboriginal and Torres Strait Islander cultures and social organisation (including their values and mores) were based on ill-informed perceptions and assumptions. These perceptions arose from inappropriate comparisons of the Aboriginal and Torres Strait Islander world to the spiritual, social, political and economic perspectives of European colonisers. Colonists viewed the Aboriginal and Torres Strait Islander cultures and societies through their own cultural lenses and judged these attributes by the degree to which they perceived them conforming to European customs and norms. Not surprisingly, the early colonisers knew nothing about Aboriginal and Torres Strait Islander Peoples and their cultures. The substantial errors of judgement and the misconceptions that followed have had a significant impact on Aboriginal and Torres Strait Islander Peoples ever since. Aboriginal and Torres Strait Islander Peoples are considered to be the most researched peoples in the world. Despite this, they have received very little perceivable benefit.”
National Health and Medical Research Council (NHMRC), Ethical Guidelines for Research With Aboriginal and Torres Strait Islander Peoples
Given the legacy of racist research methods and the effects of colonisation, including those outlined above, researchers must ensure that any research involving Indigenous populations and their knowledge follows appropriate ethical processes. This helps ensure legitimate and desired benefits to Indigenous people, supports Indigenous self-determination, and builds Indigenous trust in the research community. Within Australia and at Curtin, the relevant principles for determining these ethical processes are documented in the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Code of Ethics for Aboriginal and Torres Strait Islander Research and must be addressed in your research.
While proper adherence to the AIATSIS Code will guide researchers to a broad set of appropriate research practices, there are two commonly used research data-focused concepts that help guide ethical and proper conduct: Indigenous Data Sovereignty and Indigenous Data Governance
Indigenous Data Sovereignty is an internationally recognised concept and refers to the right of Indigenous peoples to own, control, access, and possess data that derive from them and pertain to their individuals, histories, communities, knowledge systems, customs, or territories. This right is grounded in the inherent rights of all Indigenous people to self-determination and governance over their peoples, territories, and resources, as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This is a critical and central right that underpins major issues and informs crucial approaches to treaty, truth-telling, Aboriginal representation, legislation, education and health care.
The Mayam nayri Wingara Indigenous Data Sovereignty collective have developed the leading statement of principles in Australia regarding Indigenous Data Sovereignty.
The Mayam nayri Wingara Key Principles of Indigenous Data Sovereignty state that in Australia Indigenous peoples have the right to:
More resources on the Mayam nayri Wingara Key Principles of Indigenous Data Sovereignty can be found in the Further resources section below.
Indigenous Data Governance is a concept used internationally to refer to the frameworks, principles, and practices (both social and technological) that enable Indigenous communities to govern how their data and data about them is collected, accessed, and used. This is critical in ensuring that data practices align with their cultural values, priorities, and worldviews, and enables Indigenous peoples to exercise their rights to data sovereignty.
The most broadly known framework for considering Indigenous Data Governance is the CARE Principles for Indigenous Data Governance - a set of internationally agreed principles that empower Indigenous Peoples by shifting practices of formal, regulated consultation from a distance to genuine, value-based personal and community relationships. This shift places data practices within Indigenous cultures and knowledge systems to benefit Indigenous Peoples in a range of ways. These should inform and shape your approach to working responsibly with Indigenous data.
This acronym stands for:
C - Collective Benefit
Data ecosystems shall be designed and function in ways that enable Indigenous Peoples to derive benefit from the data.
A - Authority to Control
Indigenous Peoples’ rights and interests in Indigenous data must be recognised and their authority to control such data be empowered. Indigenous data governance enables Indigenous Peoples and governing bodies to determine how Indigenous Peoples, as well as Indigenous lands, territories, resources, knowledges and geographical indicators, are represented and identified within data.
R - Responsibility
Those working with Indigenous data have a responsibility to share how the data is used to support Indigenous Peoples’ self-determination and collective benefit. Accountability requires meaningful and openly available evidence of these efforts and the benefits accruing to Indigenous Peoples.
E - Ethics
Indigenous Peoples’ rights and wellbeing should be the primary concern at all stages of the research life cycle and across the data ecosystem.
For more detailed information about each of these principles, refer to the CARE Principles for Indigenous Data Governance.
More resources on the CARE Principles are found in the Further resources section below.
When planning how your research data should be managed, the process must be guided by the Indigenous community leading or partnering in the research. Nonetheless, a list of best practices for conducting research that involves Indigenous data includes:
Your specific approach to points 1-4 above should be outlined in your Data Management Plan at Curtin, usually in the Research project data summary, “Where will the data be stored?” and “Who will have access to the data and how will they access it?” sections.
As both sets of principles above state, it is critical for Indigenous Peoples to have the right to ongoing governance of their data. This includes management, storage, sharing, reuse, disposal and the right to withdraw data. Through consultation and the application of the approaches above, appropriate data storage locations, formats, access approval workflows and decision-making processes should be explored, agreed on and documented before your project commences. This will take significant time and consultation and may require:
This is especially critical when the research involves sensitive data (including data around men’s and women’s business) or when it is unclear who has the authority and capability to identify culturally sensitive material, which may not be immediately apparent. If your research project is likely to include culturally sensitive data, consider forming a cultural advisory group to advise on these issues. Additionally, giving the research funder access to raw data should be considered and discussed by participants and relevant communities. Details on these agreements, along with contact details for the people and/or organisations who should be consulted for any future use of research outputs, must be collected and stored as metadata alongside the data with the informed consent of the identified people. Consent and consultation process agreements should be documented in a written agreement (such as a contract or protocol) to clarify shared understandings of data management, storage and access.
When working to reach these shared understandings, it is important to recognise that Indigenous Peoples work within their own cultural and temporal reference points, and it is possible for those to be very different from those of the researcher. Therefore, it’s important to allow the community sufficient time to consider and discuss proposed research agreements and not to demand compliance with external timelines - developing a genuine and trusted relationships with community and individuals are unlikely to happen to a predetermined time plan.
As a result of these requirements, most existing and popular data storage, access and archiving approaches are not immediately appropriate for Indigenous research data. Determining how to approach data storage for your project will take time. You will need to consider if you have the technical and cultural expertise to do so. That is, can you assess IT and infrastructure options and can you communicate with the community to determine what they really need and expect?
The following links provide examples of how data storage and access processes could be set up:
Language Data Commons of Australia (LDaCA)
LDaCA gathers critical collections of intangible linguistic cultural heritage (including collections of Aboriginal and Torres Strait Islander languages, Australian Englishes, and regional languages of the Pacific) managed in a culturally, ethically and legally appropriate manner.
Yubi Sabe
A data platform showing over 200 projects led by Indigenous expertise and underpinned by core principles of Indigenous Data Governance (IDG), Indigenous Data Sovereignty (IDS) and Indigenous Cultural and Intellectual Property (ICIP).
Various Curtin policies describe critical information and requirements around Aboriginal and Torres Strait Islander Research Data.
The Research Data and Primary Materials Policy outlines Curtin’s commitment to the AIATSIS Code:
3.5.1. Indigenous Data Sovereignty is the right of Indigenous peoples to govern the collection, ownership and application of data about Indigenous communities, peoples, lands, and resources, while addressing and adhering to the requirements of this policy.
3.5.2. Research involving Aboriginal and Torres Strait Islander Peoples or collections will comply with the AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research.
The Guide to Applying The AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research provides essential further detail for compliance with the Research Data and Primary Materials Policy:
Sections 2.2 and 2.3 outline expectations on data collection, interpretation and analysis
Section 4.1 provides excellent detail on expectations on Indigenous data governance
Section 1.3 provides more detailed information on important considerations around Indigenous Cultural and Intellectual Property Rights (ICIP)
More information on AIATSIS ethics advice, including contact details, can be found on the AIATSIS Contact Us page.
The Indigenous Governance Policy gives clear advice on Indigenous participation, benefit, involvement and engagement in research:
3.3. Aboriginal and Torres Strait Islander peoples will have direct and active involvement in decisions about:
3.4. Indigenous governance will be evidenced in the University’s planning, implementation, monitoring and evaluation of strategies and plans addressing:
The Intellectual Property Policy clarifies ownership of intellectual property in Indigenous works:
3.1.1. Ownership of all IP created by a member of staff in their course of duties will vest in the University except for IP in the following:
If you have queries about ICIP, you can talk with the Curtin Library Copyright team or read the ICIP Copyright page.
If you have queries about Ethics approval for research, you will need to contact the Ethics team: hrec@curtin.edu.au
In general, the term ‘Indigenous’ reflects a global diversity and refers to any person in the world who is indigenous to their land, whereas Aboriginal and Torres Strait Islander Peoples refers only to those indigenous to the sovereign country of Australia. More about Indigeneity can be read in the United Nations’ Indigenous Voices Factsheet.
As most of the information in this guide applies specifically to the Australian context, the guide refers to both Indigenous and Aboriginal and Torres Strait Islander Peoples, while at times deferring to the terminology used in the referred documents. Researchers working with Indigenous communities from countries outside Australia should check local approaches and bodies to determine relevant practices within that region.
General Resources
Data Sovereignty For Indigenous Peoples: Current Practice And Future Needs
This text from Tahu Kukutai and John Taylor provides a global perspective on the above issues, with specific local examples.
Indigenous Data Sovereignty and Policy
This book edited by Maggie Walter, Tahu Kukutai, Stephanie Russo Carroll, and Desi Rodriguez-Lonebear examines how Indigenous Peoples around the world are demanding greater data sovereignty, and challenging the ways in which governments have historically used Indigenous data to develop policies and programs.
Australian
Indigenous Data Governance and Sovereignty - Information Sheet This information sheet from the Lowitja Institute gives a clear overview of the two concepts of Indigenous Data Sovereignty and Indigenous Data Governance.
Australian Research Data Commons (ARDC) Indigenous data guide
Information from the ARDC about working with Indigenous data and links to further resources including suggested protocols.
CARE Principles
CARE Principles for Indigenous Data Governance
This page describes the background to the CARE Principles and provides links to further information and related developments.
The CARE Principles for Indigenous Data Governance
This journal article explains the CARE Principles and their background and outlines how they relate to other common data principles.
Working with the CARE Principles
This article discusses the development of the CARE Principles and efforts to put them into operation and links to further work in the area.
Operationalising the CARE Principles for Indigenous Data Governance [57:35]
This webinar gives an overview of the CARE Principles and how libraries are using these approaches to improve ethical practices in relation to Indigenous data.
Earth Science Information Partners (ESIP) and CARE Principles – ESIP Summer 2021
Slides 12 – 19 in this presentation from ESIP showcase examples of how their data repository addressed the CARE Principles in ways relevant to their community.
Maiam nayri Wingara Principles
Maiam nayri Wingara Key Principles of Indigenous Data Sovereignty
These principles provide foundational guidelines around the right to grant access to data and the systems used in research and should be considered when planning your research with Aboriginal and Torres Strait Islander Peoples.
Mayi Kuwayu Study Data Access
A good example of data access guidelines that apply the Mayam nayri Wingara principles.
Additional resources
Indigenous Cultural and Intellectual Property Rights
Researchers should be aware that existing copyright/intellectual property laws do not apply well to Indigenous cultural and intellectual property (ICIP) rights and fail to effectively protect them. Researchers working with Indigenous communities should be aware that these tensions are not resolved and that compliance with existing copyright approaches may not sufficiently protect rights around ICIP. Please contact the Curtin Library Copyright team for further advice.
NHMRC Ethical guidelines for research with Aboriginal and Torres Strait Islander Peoples
Guidance from NHMRC on ethical conduct in research with Aboriginal and Torres Strait Islander Peoples and communities as well as advice on how to put the guidelines into practice.
Indigenous Data Network (IDN)
An Indigenous led network of experts and stakeholders working to maximise the optimal collection, access and use of Aboriginal and Torres Strait Islander data resources for community empowerment.
Finding Key Local Aboriginal Groups
Enhancing data literacy and supporting an Indigenous data workforce (Principle R1) will often be aided best by connecting with key local Aboriginal groups. Researchers identifying these groups may find the registers and resources from the National Aboriginal Community Controlled Health Organisations, the Office of the Registrar of Indigenous Corporations , the National Indigenous Australians Agency and the Coalition of Peaks useful. Researchers working in Western Australia may find the Council of Aboriginal Services (WA) useful.
Data Repatriation and Return
Researchers uncovering Indigenous knowledge and data while working with historical collections may wish to suggest the holding organisation work through a process of data repatriation, where research materials are given back to the communities of the original knowledge holders or research participants.
The Australian Indigenous HealthInfoNet guidelines for Aboriginal and Torres Strait Islander terminology
These guidelines provide guidance on appropriate terminology when working with Aboriginal and Torres Strait Islander people and communities, and may be useful for considering language usage in research.
A Guide to Using Respectful and Inclusive Language and Terminology
This resource can help usage of respectful and inclusive language and terminology as an essential part of reconciliation and strengthening relationships between Aboriginal and Torres Strait Islander peoples and the wider Australian community.
Indigenous Referencing Guidance for Indigenous Knowledges
Information from CAVAL to support and aid accurate citation and attribution to increase representation of Indigenous knowledges in source materials and in research.
International
Global Indigenous Data Alliance (GIDA)
GIDA is a network of Indigenous researchers, data practitioners, and policy activists advocating for Indigenous Data Sovereignty within their nation-states and at an international level.
The Nagoya Protocol on Access and Benefit-sharing
This protocol from the United Nations Convention on Biological Diversity seeks to implement the fair and equitable sharing of benefits arising from the utilisation of non-human genetic resources. Where these resources are associated with traditional or Indigenous knowledges, it outlines obligations around access to those resources. Australia is a signatory to this Protocol.
Indigenous Data Management Webinar
This series of six videos (roughly 1 hour each) from the University of Winnipeg provides examples of Canadian approaches to all the above issues, particularly videos 3-6.