Government cloud computing and the policies of data sovereignty

Government cloud services are a new development at the intersection of electronic government and cloud computing which holds the promise of rendering government service delivery more effective and efficient. Cloud services are virtual, dynamic and potentially stateless which has triggered governments' concern about data sovereignty. This paper explores data sovereignty in relation to government cloud services and how national strategies and international policy evolve. It concludes that for countries data sovereignty presents a legal risk which can not be adequately addressed with technology or through contractual arrangements alone. Governments therefore adopt strategies to retain exclusive jurisdiction over government information. --cloud computing,electronic government,data sovereignty,data ownership,information assurance,international data transfers

Litigating Data Sovereignty

Because the internet is so thoroughly global, nearly every aspect of internet governance has an extraterritorial effect. This is evident in a number of high-profile cases that cover a wide range of subjects, including law enforcement access to digital evidence; speech disputes, such as requests to remove offensive or hateful web content; intellectual property disputes; and much more. Although substantively distinct, these issues present courts with the same jurisdictional challenge: how to ensure one state’s sovereign interest in regulating the internet’s local effects without infringing on other states’ interests

Indigenous data sovereignty

Indigenous Peoples have always been ‘data warriors’. Our ancient traditions recorded and protected information and knowledge through art, carving, song, chants and other practises. Deliberate efforts to expunge these knowledge systems were part and parcel of colonisation, along with state-imposed practices of counting and classifying Indigenous populations. As a result, Indigenous Peoples often encounter severe data deficits when trying to access high quality, culturally relevant data to pursue their goals, but an abundance of data that reflects and serves government interests regarding Indigenous Peoples and their lands. The concept of Indigenous data sovereignty (ID-SOV) is a relatively recent one, with the first major publication on the topic only appearing in 2016.1 ID-SOV is defined as the right of Indigenous Peoples to own, control, access and possess data that derive from them, and which pertain to their members, knowledge systems, customs or territories.2,3,4 ID-SOV is supported by Indigenous Peoples’ inherent rights of self-determination and governance over their peoples, territories and resources as affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), as well as in domestic treaties. ID-SOV recognises that data is a strategic resource and provides a framework for the ethical use of data to advance collective Indigenous wellbeing and self-determination.5,6 In practice ID-Sov means that Indigenous Peoples need to be the decision-makers around how data about them are used. Given that most Indigenous data is not in the possession of Indigenous Peoples, Indigenous data governance (ID-GOV) is seen as a key lever for addressing ID-SOV. ID-GOV harnesses Indigenous Peoples’ values, rights and interests to guide decision-making about how their data are collected, accessed, stored, and used.7 Enacting ID-GOV results in Indigenous control of Indigenous data through both internal Indigenous community data governance policies and practices and external stewardship of Indigenous data via mechanisms and frameworks that reflect Indigenous values

Regulating Disruption: Blockchain, GDPR, and Questions of Data Sovereignty

The article discusses the nature of law in cyberspace. Topics discussed include distinction between regulation as infringement of private autonomy and regulation as a collaborative enterprise; blockchain regulatory conundrum; and neoliberal market-complementing regulation. Also being discussed is the regulation for economic efficiency and consumer choice

Indigenous Data Sovereignty and Policy

This book 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. In the digital age, governments are increasingly dependent on data and data analytics to inform their policies and decision-making. However, Indigenous Peoples have often been the unwilling targets of policy interventions and have had little say over the collection, use and application of data about them, their lands and cultures. At the heart of Indigenous Peoples’ demands for change are the enduring aspirations of self-determination over their institutions, resources, knowledge and information systems. With contributors from Australia, Aotearoa New Zealand, North and South America and Europe, this book offers a rich account of the potential for Indigenous data sovereignty to support human flourishing and to protect against the ever-growing threats of data-related risks and harms

Indigenous Data Sovereignty: Toward an agenda

"As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona. ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

The New Beginnings Newsletter, January 2022

His Horse Is Thunder Ready to Advise at AISCWokini Challenge Grant SpotlightBook of the MonthDakota Word of the Month Lakota Word of the MonthOnline Lecture Series: The Impact of Data Sovereignty on American Indian Self- Determination: Bridging Federal Indian Law, Data Sovereignty and the Challenges of Developing CommunityUpcoming Events @ AISChttps://openprairie.sdstate.edu/wokini_news/1019/thumbnail.jp