There are a number of challenges involved in developing a national data strategy, including diverse competing interests, which make public consultations a necessary part of the process. The public consultation process used in the development of Brazil’s Marco Civil da Internet legislation (Internet Bill of Rights) could be used as a model for governments looking to adopt a data strategy. Interviews with academics, policy makers, industry officials and civil society activists in Brazil involved in developing Marco Civil suggest that it enjoys a high degree of legitimacy, attributed, in part, to the open and transparent consultation process. Data-strategy consultations should be undertaken within a human-rights framework, involve transparent, two-stage consultations, designed by nonpartisan and impartial policy experts, and include a decisive role for legislators.
Implementing a National Data Strategy: The Need for Innovative Public Consultations
CIGI Policy Brief No. 142