Leanne Wiseman
| Organization | Griffith University, Australia |
|---|---|
| Organization type | University |
| Organization role |
Associate Professor of Law
|
| Country | Australia |
| Area of Expertise |
legal issues arising from digital agriculture
legal governance and policy implications of digital agricultural technologies |
This member participated in the following Forums
Forum Towards the establishment of a Digital Council for Food and Agriculture
Question 3
Yes - but agree that the Digital Council should be engaged with industry and farmers - the DC could take on the role of providing a broad overarching capacity building - both at a high level SDG level as well as national level. Some examples of best practice would be helpful to provide guidance and resources, bringing together policies and information resources
Question 2
I believe the Digital Council itself need to Be Informed: members of the Digital Council should have training in a wide range of issues to ensure that the deliberation of the Digital Council are well informed. There are many complex issues arising with the adoption and uptake of digital technologies in agriculutre and for effective and ethical decision making, it is important that there is training provided and adopted by the Digital Council, around the legal social and ethical and technological implications of digital agriculture. This will assist in developing a common informed view that will assist the Digital Council perfrom its role effectively.
Question 1
Potential entry points for Government to address the challenges and foster the development of digital agriculture:
-development of digital agricultural strategy to guide Government policy development in the field of agriculture to assist in the adoption and uptake of digital technologies;
- whether this is policy development that facilitates open data sharing or not:
-once Government strategy is decided; then policy development can assist access to information; and focus priorites around capacity building for digital and data literacy within agricultural industries.
To build trust, governments must ensure frameworks are in place to ensure agricultural technology industries are treating ag data safely, securely and respecting the privacy of the farmers. To do this Governments can examine a variety of regulatory options: unfair terms legislation; data codes of conduct that encourage best practice in data collection management and sharing.
Forum E-consultation on ethical, legal and policy aspects of data sharing affecting farmers
Day 5: Summarize the salient points of this discussion and recommend priority aspects for the f2f consultation
Simone, can I just congratulate you on the way you have brought the themes of this broadranging discussion together - well done
Day 4: Actions to be taken in 2018-2021 to ensure smallholder farmers benefit from agricultural data in the future
I agree that capacity building is the key to building trust in data-driven agriculture. There are many good examples of how capacity building can be delivered on farm. We have started developing on on-line digital toolbox for farmers in Australia so that they can access checklists for data licences, information sheets about data control and access etcand the plan is to build this and extend the range of materials and tools to help farmers gain the skills to engage in the dialgoue around the sharing of benefits derived from on farm data collection and aggregation.
Day 3: Long-term ethical, legal and policy changes needed to move from the current scenario to the desired scenarios
Let us try to delve into one of the questions for today in more detail:
- Legal: what do you think are the best legal approaches to achieve the desired scenarios? How to recognize and implement farmers’ intellectual property rights over their data and traditional knowledge? How should the licensing scenario change?
The notion of farmer's rights is one that is already recognised in Article 9 of the International Treaty on Plant genetic resources recognizes the enormous contribution that the local and indigenous communities and farmers of all regions of the world, particularly those in the centers of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute the basis of food and agriculture production throughout the world. It gives governments the responsibility for implementing Farmers' Rights, and lists measures that could be taken to protect, promote and realize these rights:
- The protection of traditional knowledge relevant to plant genetic resources for food and agriculture;
- The right to equitably participate in sharing benefits arising from the utilization of plant genetic resources for food and agriculture;
- The right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture; and
- The right that farmers have to save, use, exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate.
Could it be possible that these rights be extended to protect the data generated on farms? some have even argued that the data itself would fall under this treaty
Could rights in their farm data be potentially be an extension to an already exisiting international framework?
This could avoid the potential difficulty of considering new sui generis farmer data rights scheme whether that be an extension of copyright in intellectual property (which would be unlikely) or a new property right ? could this be seen as being at odds with the approach taken to personal data protection more generally as we have seen with GDPR and CDR
I agree that Indigneous and traditional knowledge and farming practices should have special exemptions under any proposed scheme (along the lines of the CGIAR approach of open as possible but closed as necessary which allows for restrictions)
This provides a very interesting example of one way to go forward with this broad and ambitious topic. From my experience, we untertook a large research project that examined a number of case studies of 17 different Australian agricultural industries (from dairy, fish, forestry grains etc) and discovered there were very different attitudes in each industry to what data they needed to access and what data they wanted to share and how best to go forward. Issues of connectivity were also included as one of the potential barriers to adoption. Like your workpage, we have drawn some general recommendations for a national approach for an agricultural data policy which each industry can then adapt for their own situations. For anyone interested in the survey results or of any of the findings, they are available here: https://www.crdc.com.au/precision-to-decision While many different agriculural industries are prepared to share common data, there are some sensitivites with certain crops in terms of biosecurity and environmental compliance where industries are less willing to have that data shared.
I do find a paralell which the notion of accessing genetic resources - while these, like raw data, cannot be owned, the Plant Genetic Treaty does provide an international framework for access and benefit sharing which provides Model contracts for countries to use. Benefits come back to the countries and the communities from where the resources were sourced.While there are obvious differences with data driven farming, on one level a broad principled based approach based on notions of transparency fairness equity would be one step forward in providing a long term solution for our farmers
The EU Code of conduct as discussed provides a useful example of how developing 'best practice' in data sharing can help to build trust in data-driven industry led initiatives. There are some similarities that can be drawn here to the American Farm Bureau's Privacy and Security Principles of Farm Data that was discussed earlier on Day 1. Those principles operate from the basis that farmers own their data. It is important to remind ourselves that (in the absence of specific legisated data rights) there is no 'ownership' of raw farm data until there has been some value adding ie aggregation. However, the value of such principles and codes is that they raise the awareness of what good data contracting may and should look like eg rights of portability, accessibility and consent etc. So reinforcing the fact that farmers should benefit from data sharing, voluntary codes such as this can help both farmers and agri-businesses to ensure that data sharing arrangements are more transparent and equitable. Often in conjunction with such codes, are certification or authetification processes so that those service providers or 3rd parties who comply with the code can signal that fact to their data contributors and this then gives choice to data contributors and this in turn this builds trust. Data sharing tools developed in light of such codes also build trust by ensuring that data is interoperable, machine readible and thus easier to share. Facilitating the sharing of data is the key but it is important to build confidence in famers by building trust in the data sharing arrangements and this will need to come a range of initatives such as farming co-operatives, educative tools and industry codes.
Day 2: Desired scenarios for a future where data-driven agriculture is successfully adopted by smallholder farmers
Some of the research that has been done on attitudes of farmers to the sharing of their farm data shows a willingness of many farmers to share different types of data with different stakeholders. For example, many are willing to share soil, weather and nutrient/chemical data with Governments on the understanding that this will then be made available to other farmers and agronomists who will return benefits of aggregated services to farming communities. With developing countries, it is these public data sets that need to be available to farminig communities with as little or no cost. Other sorts of data such as production/yield etc may be shared by farmers and their communities to other trusted communities where the benefits gained from the data and knowledge shared can also be equally distributed among the data contributors. There will always be some data or information, particularly in Indigneous farming communities that may be shared but on a more restricted arrangements (as envisaged by the CGIAR approach to data sharing). It is important that the small holder farmers are given opportunities to learn about the potential value of contributing data while at the same time being given some tools to understand the potential risks of sharing where there is little or no security or privacy protections in place.