Protecting Policy Space for Indigenous Data Sovereignty Under International Digital Trade Law

Abstract

The impact of economic agreements on Indigenous peoples’ broader rights and interests has been subject to ongoing scrutiny. Technological developments and an increasing emphasis on Indigenous sovereignty within the digital domain have given rise to a global Indigenous data sovereignty movement, surfacing concerns about how international economic law impacts Indigenous peoples’ sovereignty over their data. This Article examines the policy space certain governments have reserved under international economic agreements to introduce measures for protecting Indigenous data or digital sovereignty (IDS). We argue that treaty countries have secured, under recent international digital trade chapters and agreements, the benefits of a comprehensive economic treaty and sufficient regulatory autonomy to protect Indigenous data sovereignty.

Keywords: Indigenous Data Sovereignty, Digital Trade Law, International Economic Agreements, Policy Space, Data Localization, Cross-border Data Flow, Indigenous Rights, CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership), IDS Movements, Technological Sovereignty, Indigenous Governance, Legal Protections for Data

JEL Classification: K33, K23, O34, F13, F53, Z13