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. 2023 Nov 15;8:1272318. doi: 10.3389/frma.2023.1272318

Table 2.

Indigenous Peoples' governance of data in research sovereignty: actions for researchers and institutions.

Themes Actions for researchers Actions for institutions
Jurisdiction/Control
Research process
Issuance of permits Comply with permitting requirements and community code provisions adopted by Indigenous Peoples. Mandate that researchers comply with permitting requirements set by Indigenous Peoples.
Cancellations/revocations of permits Acknowledge and respect Indigenous Peoples' rights of participation, withdrawal, and refusal with regard to research. Develop research infrastructure that acknowledges Indigenous Peoples' rights of participation, withdrawal, and refusal with regard to research, including recognition of administrative actions by Indigenous research review mechanisms.
Jurisdiction Recognize Indigenous Peoples' authority to control research conducted on their lands, but also anywhere beyond their geographical boundaries when projects involve their intellectual property, knowledges, cultures, and members/citizens. Develop research infrastructure (including policies, guidance, and training) that acknowledges and upholds Indigenous Peoples' authority to control research within their lands, but also anywhere beyond their geographical boundaries when projects involve their intellectual property, knowledges, cultures, and members/citizens.
Research reports/updates Provide progress reports to Indigenous Peoples through designated channels and seek community feedback at appropriate times throughout research. Provide resources and training on culturally responsive engagement with Indigenous Peoples, including emphasis on administrative accountability to Indigenous research partners.
Indigenous participants
Protection of participants Comply with existing Indigenous review requirements for research, data collection, or publication involving individual Indigenous participants both on their lands and extending to protect members/citizens wherever they reside. Ensure researchers are aware of (and research infrastructure accounts for) potentially distinct review requirements set by Indigenous Peoples for research, data collection, or publication involving individual Indigenous participants both on their lands and extending to wherever they reside.
Data, specimens, and research materials
Privacy/confidentiality Protect privacy of both Indigenous Peoples and individuals, as well as confidentiality of data and knowledge generated through research, by complying with Indigenous Peoples' expectations and regulations concerning sensitive and restricted data, specimens, and research materials. Enact culturally responsive institutional policies recognizing the authority of Indigenous Peoples to protect individual and collective privacy as well as confidentiality of data and knowledge generated by research.
Storage/access/use/disposition Collaborate with Indigenous Peoples to design processes for collection, storage, access, use, and disposition of research materials and data before, during, and after research (e.g., regular reporting on inventories and chain of custody). Recognize in policies, procedures, trainings, and resources that Indigenous Peoples have the right to know and control how specimens, research materials, and data are collected, stored, accessed, and disposed of.
Third-party/future uses Obtain formal permission from Indigenous Peoples regarding third party access and secondary/future uses of specimens, research materials, and data. Establish procedures to notify Indigenous Peoples and researchers of requests for access to, and secondary use of, Indigenous Peoples' specimens, research materials, and data.
Return Comply with Indigenous Peoples' requests to terminate studies and to return data and research materials. Implement policies recognizing Indigenous Peoples' ownership of specimens, research materials, and data including rights to have data and research materials returned or disposed of upon request.
Publication and dissemination
Review Comply with Indigenous Peoples' requirements for review of research data or findings prior to publication. Develop mechanisms and update publication standards to recognize and implement Indigenous Peoples' authority to review data from research being considered for publication or presentation in any format (e.g., reports, scholarly outputs, presentations, data summaries).
Input and modification Address concerns and correct errors identified by Indigenous Peoples in reports, scholarly publications, and data summaries before they are published. Develop mechanisms and update publication standards to recognize and incorporate Indigenous Peoples' processes for input into final versions of publications (e.g., reports, scholarly outputs, presentations, data summaries).
Enforcement
Administrative enforcement
Reporting violations Understand that Indigenous authorities can report violations to researchers' sponsors, funders, and licensing organizations as well as other Indigenous communities and other local, state, and federal authorities. Ensure administrative mechanisms exist to receive, handle, and respond to violations of Indigenous Peoples' research laws and policies.
Bans/exclusions Understand that Indigenous authorities have the sovereign right to expel or ban from Indigenous lands researchers and institutions who violate Indigenous laws. Provide education on key aspects of Indigenous sovereignty, including on the authority to expel or ban from Indigenous lands parties (e.g., researchers, institutions) who violate Indigenous laws.
Judicial enforcement
Sanctions/equitable relief Understand that researchers may face civil or criminal sanctions (e.g., fines/penalties) as well as equitable relief (e.g., injunctions) imposed by Indigenous Peoples' courts or any court with jurisdiction. Provide education on key aspects of Indigenous sovereignty, including on authority to impose legal sanctions or restrictions through Indigenous courts or any court with jurisdiction.