Currently, there are no regulatory or legislative protections to ensure First Nations communities’
data sovereignty, which puts Australia behind comparable jurisdictions like Canada. One of the
exemptions to Canada’s data disclosure consent requirements is disclosure to enable Indigenous
governments and groups to access personal information to advance historical claims and
grievances.26 The Office of the Privacy Commissioner of Canada has also published guidance
noting that First Nations, Métis, and Inuit peoples have inherent and collective rights to selfdetermination, which entail the ownership and governance of their data. In practice, this means
the collection and use of relevant personal data typically require community engagement and
the establishment of data governance agreements. Indigenous governments and organisations
are also exempted from the Privacy Act (RSC 1985, c P-21) except when they are accessing
personal information held by federal government institutions, giving Indigenous individuals and
communities greater access to data that affects them.
National Anti-Racism Framework Scoping Report 2022 | 90