How Social Services Can Implement Software and Technology that Upholds the First Nations Principles of OCAP®

Choosing software or data systems determines who controls First Nations data, how it is used, and who is accountable for it. These decisions must align with First Nations jurisdiction, governance authority, and Nation-defined priorities.

The First Nations Principles of OCAP®, Ownership, Control, Access, and Possession, set out clear requirements for how data relating to First Nations is governed. OCAP® affirms that First Nations own their data, control how it is collected and used, determine who can access it, and retain possession of it.

Any technology used to manage information must support these principles in practice. OCAP® reflects First Nations governance and jurisdiction and must be embedded in system design, contracts, and day-to-day operation.

Why Aligning Technology with OCAP® Is Required

Implementing software that upholds OCAP® principles is a governance requirement, not a discretionary best practice. For social service and non-profit organizations working with First Nations data, alignment with OCAP® is foundational to legitimacy, accountability, and effectiveness.

• Respecting First Nations Jurisdiction: Data governance is an expression of jurisdiction. When a First Nation governs its own information, it exercises authority over how data is collected, interpreted, shared, and used in decision-making. Technology that cedes ownership or control to external parties undermines that authority. Systems that uphold OCAP® reinforce First Nations’ ability to govern their own data infrastructures.

• Building Trust Through Enforceable Governance: First Nations engagement in data initiatives depends on clear, enforceable assurances of ownership, control, access, and possession. Past extractive data practices are well documented; reiterating them is unnecessary. What matters is that software systems today provide concrete mechanisms, contractual and technical, that ensure First Nations retain authority over their data at all times.

• Preventing Harm Through Accountability: Misuse, unauthorized sharing, or loss of control over First Nations data creates real risk. OCAP® establishes a governance framework that assigns responsibility, limits use, and enables enforcement. OCAP® affirms First Nations authority over whether data is used, shared, withdrawn, or restricted; the specific consent processes are defined by each Nation’s own policies and protocols.

• Improving Service Effectiveness: When First Nations trust that their data is governed according to OCAP®, data quality improves and collaboration becomes possible. Reliable access to Nation-owned data supports Nation-led planning, evaluation, and decision-making. OCAP® alignment strengthens, not slows, effective service delivery.

• Relation to Reconciliation: While OCAP® supports broader reconciliation objectives, it is not a moral or healing framework. It is a governance framework grounded in jurisdiction and authority. Treating it as such strengthens its credibility and application.

Common Challenges in Implementing OCAP®-Aligned Technology

• Mainstream Software Limitations: Many off-the-shelf systems were not designed to support First Nations data governance. Default terms may grant vendors broad rights, restrict data export, or limit administrative control. Without careful review, organizations can unintentionally undermine First Nations ownership and control.

• Possession and Hosting Arrangements: Possession under OCAP® refers to authority, custody, and enforceability, not geography alone. While data residency can be a risk factor, OCAP® allows for delegated possession where ownership and control remain with the Nation, custodianship is clearly defined, and retrieval, deletion, and veto rights are enforceable. Hosting location should be assessed for legal and operational risk, not treated as an automatic violation.

• Ownership and Intellectual Property Risks: Some platforms restrict access to raw data, claim rights over aggregated outputs, or charge fees for export. OCAP® alignment requires explicit recognition that First Nations retain ownership of all data and derivatives, regardless of platform.

• Control and Nation-Defined Consent: OCAP® establishes authority over data use, but it does not prescribe consent procedures. Consent workflows are governed by Nation-specific research protocols, ethics processes, and governance policies. Technology must be flexible enough to enforce those Nation-defined rules.

• Capacity and Resource Constraints: Implementing OCAP®-aligned systems can require legal review, training, and technical adjustments. However, Indigenous-led initiatives and governance toolkits are expanding access to affordable, OCAP®-compliant solutions, reducing long-term barriers.

Steps to Ensure Software Aligns with OCAP® Principles

1. Build Internal OCAP® Competency - Ensure leadership and staff understand OCAP® as a governance framework. Formal training, such as FNIGC’s OCAP® courses, supports consistent application across roles.

2. Engage First Nations Governance Early - Technology decisions must involve Nation leadership or designated data governance authorities from the outset. OCAP® alignment depends on Nation-defined priorities and requirements.

3. Establish OCAP® Selection Criteria - Define non-negotiable requirements before reviewing vendors:

• Ownership: Contracts must explicitly state that First Nations retain ownership of all data and outputs.

• Control: Role-based permissions, approval mechanisms, and the ability to restrict or revoke access.

• Access: Full, fee-free access to data exports in usable formats at any time.

• Possession: Clear custodianship terms, enforceable retrieval and deletion rights, and exit clauses ensuring data return.

4. Vet Vendors Rigorously - Require clear, written answers on ownership, control, access, possession, and termination. Willingness to adapt matters; vague assurances do not.

5. Formalize Data Sharing Agreements - Agreements operationalize OCAP® by defining authority, limitations, and enforcement. At HelpSeeker, First Nations Data Policies are used as contractual supplements to ensure OCAP® principles govern platform use.

6. Implement with Governance in Mind - Configure systems so that First Nations data stewards hold administrative authority. Test exports, deletion requests, and audit logs. Ensure security aligns with both legal standards and Nation expectations.

7. Monitor and Review Continuously - OCAP® compliance is ongoing. Conduct periodic reviews with Nation partners to address governance changes, new system features, or emerging concerns.

Putting OCAP® into Practice: Examples

• Indigenous-Built Data Platforms (Kwusen) - Kwusen’s Community Knowledge Keeper was designed to ensure First Nations retain ownership, define access, and retrieve all data at any time. Hosting arrangements support delegated possession while maintaining enforceable Nation authority.

• Service Provider Policy Alignment (HelpSeeker) - HelpSeeker’s First Nations Data Policy explicitly affirms Nation ownership, control over research use, guaranteed access, and data return upon termination, translating OCAP® into operational commitments.

• Indigenous-Led Infrastructure (BC RIGC) - The “Build Your Own Data Centre” initiative embeds OCAP® into system architecture, ensuring that Nations define all permissions, sharing rules, and uses of their data.

• Applied Governance in Practice - In systems-mapping work with the Assembly of First Nations, HelpSeeker adapted technology use, contracts, and timelines to align with Nation-defined governance decisions, demonstrating that OCAP® may require slowing down to uphold authority.

Upholding the First Nations Principles of OCAP® in software and technology is not symbolic, it is structural. OCAP® demands that systems respect First Nations jurisdiction, enforce authority, and ensure accountability. When technology is governed accordingly, it becomes a tool that supports Nation-led decision-making rather than undermining it. OCAP® alignment is how responsible organizations demonstrate respect for First Nations data governance in practice.