Preamble¶
Agriculturalists (farmers, ranchers, and land stewards) have the right to own, control, and benefit from their data to promote fair, equitable, and responsible use of agricultural data. These rights should be upheld by all parties involved in the collection, storage, and use of agriculturalists' data. The ability to maintain control of data is necessary for agriculturalists to access commensurate benefits and to enable the ability to choose the tools and services that best suit their needs.
This Agriculturalists’ Bill of Data Rights draws inspiration from the European Union’s General Data Protection Regulation (GDPR), the Australian Farm Data Code, FAIR Data, and Ag Data Transparent. It also incorporates components of CARE Principles of Indigenous Data Governance, generated by and for Indigenous populations, but used in this context to promote fair, equitable, and responsible use of agricultural data in the interest of agriculturalists and society as a whole.
Rights¶
Agriculturalists have these rights, which can be granted to others to create conditional use agreements. Conditional use agreements by their nature grant portions of these rights to others to enable sharing, collaboration, technical assistance, proxy management, and commercial transactions.
-
Control and Sovereignty¶
Agriculturalists have the right to own and control their personal, community, and agricultural data. This includes the ability to grant access to their data and certain rights to use it, which will not be further shared or disclosed without explicit consent. This control should be exercised in a transparent, accountable, and lawful manner. This right should apply to personal, community, and agricultural data generated by their operations or on their behalf.
-
Privacy and Security¶
Agriculturalists have the right to protect their identity and their data. This includes the right to have their personal, community, and agricultural data kept technically secure, with measures in place to prevent unauthorized access, theft, or misuse of data. The data controller (e.g. data originator or proxy) must be notified in case of any breaches.
-
Access and Use¶
Agriculturalists have the right to access and use their own data. This includes the right to access personal, community, and agricultural data collected on their behalf in a timely manner.
-
Portability¶
Agriculturalists have the right to export or move (port) their personal and agricultural data between platforms, systems, and providers, enabling Agriculturalists' to choose the tools and services that best suit their needs.
-
Erasure¶
Agriculturalists have the right to delete or remove their personal, community, and agricultural data from a system at any time. This includes the right to erase backed-up or archived copies of data.
-
Transparency and Informed Consent¶
Agriculturalists have the right to be informed when others collect, store, or use personal, community, and agricultural data related to them, and to have access to related terms and conditions. Such information includes the right to know exactly what data is being collected, how it is being used, and what benefits they will receive from its collection and use. This requires informed consent around data governance and decision-making processes.
-
Benefit¶
Agriculturalists have the right to benefit from the use of their personal, community, and agricultural data by companies, organizations, or other third parties. This includes benefits that are commensurate with the public and private value of their data, with clear disclosure of that valuation process.
-
Correction¶
Agriculturalists have the right to well-defined and accessible methods to address inaccuracies discovered in personal, community, and agricultural data. This includes the right to correct inaccurate data within a reasonable time to minimize harm. Land stewards also have the right to seek remedies for any misuse or unauthorized access to their agricultural data.