Collective Privacy, Indigenous Data Rights, and the Computational Systems That Threaten Them - Abstract
The dominant computational privacy paradigm rooted in individualist, Western liberal
traditions is structurally inadequate for protecting Maori people, the Indigenous population
of New Zealand. Maori privacy is fundamentally collective in nature: it covers genealogical
records, traditional knowledge systems, culturally treasured resources, and the shared dignity
of extended family groups (whanau), sub-tribes (hapu), and tribes (iwi). This article argues that
contemporary computational systems including artificial intelligence (AI), biometric recognition
platforms, cloud-based data storage, and algorithmic decision-making tools embed design
assumptions that structurally exclude Maori privacy interests. Drawing on more than 30 years
of practitioner experience and grounded in Maori customary law, cultural protocols, and the
Treaty of Waitangi (New Zealand’s founding constitutional document), this article identifies five
critical failure modes in current computational architectures and proposes an Indigenous led
framework for redesigning privacy into systems at source. It provides technical specifications for
implementing collective privacy across three system classes: identity and access management,
AI training pipelines, and cloud storage architectures. The article further engages with
communitarian and postcolonial traditions within Western privacy theory, situates the analysis
within science and technology studies (STS) and critical data studies scholarship, and grounds the
five failure modes in documented case evidence. The findings have broad implications for any
computational system operating in jurisdictions with Indigenous populations covered by treaty
or constitutional obligations.