This paper by Sylvie Delacroix and Neil Lawrence sets the scene for discussions about the use of Trust law as a data governance tool, arguing for the creation of ‘bottom-up” data trusts as a new form of data governance.

The issues this paper raises were explored further in 2020’s Global Forum on AI for Humanity, which you can view on Inria’s YouTube channel, and at a workshop by The Alan Turing Institute and Jesus College Intellectual Forum. A summary of some of the key issues is available in this slide pack (PDF). Drawing from these ideas, Element AI and Nesta held a workshop exploring the role of trusts as a data governance tool, and some of the key policy challenges.

In 2019, Element AI and the Mozilla Foundation announced they’d be partnering on work to develop data trusts and identify steps to advance the application of these ideas. This Medium post by Anouk Ruhaak, a Mozilla Fellow, suggests some areas where data trusts could play a role. Building on these ideas, a March 2020 post by Andrew Hoppin called for further investment in data trusts as a means of embedding trust in the design of data sharing structures.

The Open Data Institute (ODI) has carried out a series of pilot projects and feasibility studies into the development of data trusts as mechanisms for sharing data between organisations. Their website reports the results of these pilot studies, and the next steps to create such trusts. In a recent blogpost, the ODI also considers the role data trusts can play alongside other forms of data institution. And this working paper by the National University of Singapore explores the use of trust law as a basis for managing data, and the data protection issues at play.

A paper by the University of Southampton Web Science Institute explore the use of Jersey’s Foundation Law system to provide independent stewardship of data. This builds on previous work by the Institute exploring the link between data trusts and existing forms of governance.

Contributing to continuing debates about the development of civic data trusts in the context of smart cities, this primer explores how trusts can play a role in enhancing democratic governance at city level.

Policy documents

In the UK, 2017’s Hall-Pesenti review - a foundation of the Government AI strategy - recommended the development of data trusts as a means of enabling data access.

As part of a series of consultations on updates to personal information protection legislation, the Canadian Government set out proposals to develop data trusts as an enabler of digital innovation.

Germany’s Data Ethics Commission recommended in 2019 that data trusts be prioritised for further research and development.

A recent communication from the European Commission - ‘A European data strategy’ - suggests a range of measures, including data trusts, that could empower individuals to exercise their data rights. This document is currently open for consulation.