The Case for Community Self-Governance on Access and Benefit Sharing of Digital Sequence Information

Abstract

Digital sequence information (DSI), a placeholder term commonly understood to refer to information related to genetic sequences stored in a digital format, has become a foundational component to biological research and its applications, including biodiversity conservation and biotechnological innovation. DSI results from the physical access to and use of genetic resources, which falls under the purview of the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP). The CBD and the NP are legal frameworks governing access to genetic resources and the fair and equitable sharing of benefits arising from their use, a mechanism widely known as access and benefit sharing (ABS). Despite good intentions, a number of national regimes adopted in pursuance of the CBD and NP have created complex, ineffective frameworks that exacerbate the risk of counterproductive effects for biodiversity conservation and sustainable use. The debate on DSI focuses on what DSI includes, whether it is covered by the CBD or the NP and the possible implications of its inclusion or exclusion from these agreements. The CBD and NP parties agreed on a science- and policy-based process to debate the treatment of DSI. This process entailed the submission of views and information by parties, other governments, indigenous and local communities, and relevant organizations and stakeholders; the commissioning of technical studies; and the establishment of the Ad Hoc Technical Expert Group (AHTEG) on DSI. In the present article, we propose recommendations that can contribute to the upcoming discussion on DSI.