Navigating Indigenous Data Sovereignty and University Policies

Former NERRS/NOAA Margaret A. Davidson Fellow Molly Wick, based at the Lake Superior Reserve recently led the publication of a case analysis in Ethics & Human Research. The analysis was highlighted at this year’s U.S. Indigenous Data Sovereignty & Governance Summit as a significant recent work addressing Indigenous research and data sovereignty. This gathering brought together key figures working on Indigenous data sovereignty across the country, underscoring the growing attention this topic is receiving. The paper’s inclusion in the discussion reflects a broader interest in finding ethical and meaningful ways for universities to collaborate with Indigenous communities to address research needs. Read Molly’s summary of their case analysis below.

Article by former NERRS/NOAA Margaret A. Davidson Fellow Molly Wick

Our recent case analysis published in Ethics & Human Research highlights how research universities may not have adequate policies to support collaboration with sovereign Indigenous communities. Indigenous communities in the United States have rights as sovereign nations to exercise control and ownership over all data and information generated by or from the tribes, tribal members, or tribal resources. Many Indigenous communities have established research sovereignty policies to exercise these rights, in response to long histories of unethical practices in research involving Indigenous communities. 

Meanwhile, many universities in the U.S. have “openness in research” policies to ensure academic freedom to publish without undue influence. These policies usually require that universities retain control of data collected for research. 

The team worked with a local tribe to include Native American participants in a community-wide study on the benefits of coastal and aquatic ecosystems to communities. The University of Minnesota’s openness in research policy prohibited it from agreeing to the Tribe’s proposed data sharing agreement, which delayed our project by almost a year. Eventually, with support from the university’s Office for Native American Affairs, the team was granted an exception. The Tribe retained sole ownership of data and allowed university researchers the right to use the data for the study.

This experience sets an example for future partnerships between Indigenous communities and universities. Research institutions must respect tribal research sovereignty, regardless of university policy. It also highlights that open research policies may not adequately address the case of partnerships with Indigenous communities. This can hamper collaboration, even when there is agreement between the researchers and tribal partners on goals and objectives. These hurdles may perpetuate the exclusion of Indigenous communities from the collaborative research process and potential benefits of research.

In this case, the university has since made progress to support researchers in ethically engaging with Indigenous communities, including establishing guidance for that work. However, to facilitate trust and collaboration, the analysis recommends universities formally adopt both open research policies that facilitate research with sovereign Indigenous nations, and principles for ethical research with those communities.

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