This essay discusses tribal claims to data sovereignty and informational privacy, examining the nature of the respective claims, as well as how tribal governments can exercise effective authority over the collection and use of data about the community and its members. Part I of the essay explores the issue of data sovereignty comparatively, framing the concept within its global and national contexts, and then discussing the rights of tribal governments and other Indigenous peoples. Part II of the essay examines the various claims that are comprised within the movement toward "Indigenous data sovereignty," as well as the current context of data governance by tribal governments. Part III of the essay discusses three substantive areas of research that test out the reach of these principles. The essay concludes with recommendations for actions that tribal governments can take to enhance their ability to exercise governance authority over their data.
Rebecca Tsosie, Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty", 80 Mont. L. Rev. 229 (2019).