2021 Towards a Digital Strategy for Aotearoa.

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PSGR welcomed an opportunity to contribute to the discussion document, Towards a Digital Strategy for Aotearoa, November 10,2021.

Link to full submission HERE

PSGR's concern evolves around the discussion relating to mahi tika, or trust and the capacity of the state to institute both as policy and as obligations in law, in particular the obligations to:

1.1. Ensure that Aotearoa New Zealand codified constitutional law has a platform for trustworthy digital developments;
1.2. Ensure human rights are protected;
1.3. Prioritise the data sovereignty of inhabitants of Aotearoa New Zealand;
1.4. Protect against opportunistic activities by powerful institutional actors; and appropriately regulate and tax foreign entities.

Much of our discussion concerned the relationship between data management and the need to uphold human rights. We expressed concern that the discussion around 'trust' (as defined in the discussion document image below) should not be merely an assurance, it had to be upheld much more strongly in law. We submitted that an overarching legal framework, such as a codified constitution would then more rigorously protect the data of the individual. Data as information has value, it is an asset. All assets, or resources, are vulnerable to erosion or exploitation. Where there is a power imbalance, for example between an individual, and the state or a multinational organisation, appropriate legal mechanisms are required in order to protect the individual. We drew on recent work articulating how digital frameworks are often drawn up with a focus on economic and cultural perspectives, but may often downplay or ignore important human rights considerations.

Next up - submission to the Digital Identity Trust Services Framework Bill. Deadline for submissions December 2, 2021.

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