Research & Academic Scholarship

This Note attempts to determine how tribal governments such as the Navajo Nation can exercise greater control over and protect their Nation’s data from external entities. Tribal Nations or Indigenous Nations can exercise their political and cultural sovereignty by utilizing both Indigenous Data Sovereignty (IDSov) and Indigenous Data Governance (IDGov). This Note will examine the Māori’s application of IDSov within their own culturally-specific IDGov framework. Then, there will be an overview of the existing mechanisms available within the Navajo Nation legal system that govern data and the fundamental principles embedded in the culture of the Diné (Navajo) people. Finally, this Note will discuss recommendations that the Navajo Nation can incorporate into its legal system using the Māori’s example of its own data governance model and tools as a template. Overall, the goal of this Note is to demonstrate the legal mechanisms available to the Navajo Nation to implement its own set of data sovereignty principles aligning with its own traditional values, similar to the Māori in Aotearoa (New Zealand).

The urgency of the green transition hasn’t made tribal concerns any less important.