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This presentation examines the structural limits of ethical Indigenous Data Governance within public data systems.

A recent analysis we undertook concluded that public data, by its nature, cannot be governed in ways that fully uphold Indigenous data sovereignty and cultural authority. We introduce the concept of “data nullius” to describe the colonial assumption that publicly available First Nations data is open, ownerless, and free for use without consent—an assumption that echoes the legal fictions of terra nullius and aqua nullius. The primary outcome of this work is the articulation of a suite of Indigenous Data Governance tools designed to guide the ethical handling of First Nations datasets.

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