Collective privacy Sample Clauses

Collective privacy. The claimants contrasted ‘Western liberal terms and concepts’ that apply to data governance in the context of the tppa /cptpp – including ‘personal information’ and ‘personal privacy’ – with the concept of ‘collective privacy’.44 The claimants articulated: Data is taonga, imbued with mātauranga. One individual cannot own or only be affected by Māori data. Data is collective. When data is collective privacy cannot be an individual right. Privacy belongs to the collective and ‘full and informed consent’ needs to be collective.45 Xx Xxxxx Xxxxxxx, in particular, stressed the collective nature of the Māori relationship to data.46 She described the typical generation of data in a health set- ting through a person’s consent to a test or procedure, which comes with consent for that data to be retained or used – including for unspecified future secondary use.47 This is at odds with an indigenous view of data, which she contextualised in terms of a wider discourse led by the United Nations Special Rapporteur on the Protection and Use of Health-Related Data, whose definition of ‘Indigenous Data’ recognises both collective and individual elements.48 Xx Xxxxxxx considered that, while indigenous collective and individual rights are increasingly acknowledged, the frameworks relating to them are still being dis- cussed and developed. She noted there is a risk that development may be impacted by cptpp obligations, particularly those that relate to offshore data flows and the location of data storage.49 Xx Xxxxxxx-Xxxx described the cultural dilemma of individual privacy rights for Māori in his evidence: ‘I think that we need to protect our data and recognize that it can be collectively owned by xxxx and iwi and whānau. No one individual can own our data or should own our data.’50 Similarly, Mr Xxxxxx explained Māori relationships to data through the notion of collective ownership: Māori data is not owned by any one individual, but is owned collectively by one or more family units, clan or tribes. Individual rights (including privacy rights), risks and benefits in relation to data need to be balanced with those of the groups of which they are a part. In some contexts, collective Māori rights will prevail over those of individuals.51 44. Submission 3.3.60, p 19 at [4.3]; submission 3.2.54, p 3 at [2.4] 45. Submission 3.2.54, p 9 at [4.4] 46. Submission 3.3.60, p 28 at [6.15]; doc b32, p 7 at [31] 47. Document b32, p 7 at [31] 48. Ibid, p 7 at [33] 49. Ibid, p 8 at [26] 50. ...