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

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