Concerns over how Māori data will be looked at as New Zealand plans to join international cybercrime treaty

Thursday, 20 August 2020

A detailed record of the bits and pieces of our everyday interactions is a valuable commodity. How often do you stop to think about how much you're giving away? (Video first published in 2018)

The Government is looking at joining an international treaty that targets cybercrime.

Called the Budapest Convention on Cybercrime – it is the first international treaty which aims to tackle crime that occurs on the internet and other computer networks.

However, concerns have been raised with how government agencies looking and measuring Māori data - through a non-Māori lens – could harm Māori.

One expert says say if data is not looked at carefully then there is a risk of embedding prejudice and creating bad outcomes.

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University of Waikato Associate Professor Dr Te Taka Keegan says Māori should have sovereignty over Māori data.

University of Waikato Associate Professor Dr Te Taka Keegan, from the department of Computer Science, said it was important for the country to work internationally in order to effectively control and manage cybercrime.

The Budapest Convention on Cybercrime is the first international treaty which aims to tackle crime that occurs on the Internet and over other computer networks (File photo).

“That’s what the Budapest Convention does – it fosters international collaboration to investigate and prevent cybercrime. For New Zealand to be more safe, we have to work with the latest developments and research and have cooperation from international countries and organisations,” Keegan said.

The treaty could also dictate to countries to store specific data for a given time frame and for given purposes which was something New Zealand needed to be careful about, he said.

University of Waikato Associate Professor Māui Hudson says a lot of the work done in New Zealand about bias in the system.

“If we are able to write clauses to the agreement that give us the ability to deny the requests if and when we think the request is inappropriate or unjustified, the convention becomes more palatable.”

The Government is looking at joining an international treaty that targets cybercrime (File photo).

“The core issue is data sovereignty. The New Zealand Government should have sovereignty over its own data. The government should have the right to determine who and what data is shared with overseas partners to investigate cybercrime.

“But Māori should have sovereignty over Māori data. Māori should be the only entity that has the say on who and what data is shared.”

University of Waikato computer science senior lecturer Dr Vimal Kumar says while New Zealand had laws on crime and cybercrime, they applied only to people in the country (File photo).

Keegan said the Government did not have a good track record of creating systems “congruous to supporting Māori wellbeing”.

“Examples exist in crime, health and education, just to name a few … we need the government looking at governmental data and a Māori entity looking at Māori data from a Māori perspective.”

University of Waikato Associate Professor Māui Hudson said there were some countries that supported linking and embedding themselves with others.

Public consultation is taking place on a proposal for New Zealand to join the Budapest Convention on Cybercrime (File photo).

However, other countries were worried that it took away from their sovereignty to be able to regulate, make laws and decide what is right for their constituents, he said.

One of the big concerns people expressed to Te Mana Raraunga - a Māori Data Sovereignty Network – was how to ensure Māori have control over their data and if there was an appropriate Māori data governance framework in place to ensure data was not used in ways that were harmful to the community, Hudson said.

“It seems sort of abstract, particularly if you're thinking about crime … it makes sense to do everything you can do to help solve that crime and hold people to account, but we already know from a lot of the work being done in New Zealand about how there's bias in the system.

Cybercrime is the least-reported form of crime in New Zealand (First published in 2018).

“Bias in the way people will get picked up - more Māori will get picked up through processes, they’re more likely to get picked up … those things get embedded through digital systems as well.”

“We can see there’s value in terms of how it can support outcomes being looked for but if it's not done in a careful way, it risks embedding prejudice and creating bad outcomes at the same time.”

University of Waikato computer science senior lecturer Dr Vimal Kumar said the treaty could be useful and it was needed with the way things are in cybersecurity.

A lot of people in New Zealand rely on the internet to do business and with Covid-19, more people are spending time online and could contact anyone overseas.

While New Zealand had laws on crime and cybercrime, they only applied to people in the country, he said.

Common understanding between countries was necessary for laws to work and that was what the Budapest Convention was about, he said.

“I think we should be part of it, so we can have that common understanding so our agencies in New Zealand can work with agencies elsewhere to protect New Zealand citizens,' Kumar said.

However, New Zealand's bicultural environment may be difficult to understand in other places.

“Their laws that govern data may not govern data in the same way the laws in New Zealand do, and unless we have a common understanding we can’t expect those laws in two different countries to work together.

“This is something that needs to go in there – this is one of the things we have that others might not have, and we need to put it out there that this needs to be considered.”

Submissions on New Zealand's proposal to join the Budapest Convention closes on September 11.