MITRE’s Roles in a PPP

 

Audience: General | Level: Foundational

Summary

 

This tool will help partners define MITRE’s role(s) in the PPP at each of its different phases of development as well as articulate to stakeholders why MITRE is uniquely suited to serve in those role(s). It covers:

  • Roles by PPP Phase
  • Conditions Favoring a Trusted Third Party
  • How an Independent Convener Helps
  • Why MITRE
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Roles Overview

For decades, MITRE has delivered public interest impact through multiple PPPs. From transportation to cybersecurity to healthcare and beyond, MITRE has been a trusted partner to government, industry, and academia in shaping and operating PPPs (see examples). MITRE is uniquely positioned to serve as a trusted advisor and/or a trusted third party (TTP) for PPPs due to its proven capability to ensure that:

  • All data submitted by partners is owned by the submitting partner and will not be directly accessible by any other partner
  • There is no actual or perceived conflict of interest – including commercial interest – in the partners’ data or the PPP itself
  • Partners’ expectations codified in the PPP agreements are honored – including protecting partners’ data from improper use/disclosure and respecting intellectual property and other equities – based on long-standing legal/compliance practices and security and privacy controls honed on decades of experience safeguarding highly sensitive data.

The roles MITRE may serve in supporting a PPP are shown by phase below.

MITRE Roles across PPP Phases

Role Descriptions

Ideation and Planning Phases

During the Ideate & Explore PPP Phase, MITRE sometimes is a founder, as with the COVID-19 Coalition, and other times is a catalyst or trusted advisor.
  • As a Founder, MITRE spearheads the creation of the collaborative by formulating a mission and concept, inspiring and recruiting partners, identifying funding, and securing commitments to participate in a proof of concept or prototype.
  • As a Catalyst & Influencer, MITRE accelerates the start-up by working closely with the sponsor (e.g., to assess the feasibility of a potential partnership).
  • As a Trusted Advisor, MITRE works closely with the sponsor and any founding partners to shape the ideation and planning of the PPP.
During the Plan & Establish PPP Phase, MITRE can sometimes lead (e.g., when empowered by a sponsor as the Trusted Advisor) and at other times acts in a supporting role (e.g., to advise or support a government sponsor so they can establish a collaborative).
 

Pilot and Operational Phases

During the next two PPP phases (Test & Evaluate, Operate & Grow), MITRE can play four roles:
  • Trusted Third Party: MITRE often serves as a Trusted Third Party (TTP), which typically entails three responsibilities:
    1. Act on behalf of the partnership as the independent convener and program integrator/manager.
    2. Serve as the data steward/trustee, providing the secure data environment and related capabilities to protect and manage partner data and results.
    3. Lead the technical work (including data ingest, preparation, analysis, and results generation) to answer the partner-approved research questions.
  • Independent Convener: In these cases, MITRE is an impartial host for the partnership, and brings together partners or stakeholders to collectively address issues or problems. MITRE typically provides operational support (e.g., project administration, facilitation support for committees and working groups, etc.)
  • Member and Participant: MITRE is a contributing participant or member of the PPP and:
    • Represents the company’s perspectives to promote the operations of the partnership.
    • Provides data and other relevant contributions to the partnership in a timely manner to support partnership operations.
    • Provides subject matter expertise to collaborate in good faith on partnership activities.
  • Technical Consultant and Subject Matter Expert (SME): In this role as a technical consultant and subject matter expert, MITRE works to provide the partnership with solutions to technical issues and challenges. MITRE delivers independent advice, robust systems thinking, and interdisciplinary expertise to enable the partnership to achieve its mission.
Conditions Favoring a Trusted Third Party

A Trusted Third Party (TTP) helps create conditions for safe collaboration. Partners are likely to require an independent and experienced TTP when they have concerns such as:

  • Competitive advantage – if information that partners share in good faith is used against them by competitors (in or external to the PPP), or if participation in the PPP causes their market position to suffer.
  • Adverse regulatory action – if the agency that regulates them is also a PPP partner, or if industry perceives that the government may use their information for punitive purposes or sharing detailed/proprietary info creates additional risk vis-a-vis the government relationship.
  • Commercial conflicts of interest – if partner data were, for example, to be resold or monetized, or if the entities who have access to the data also have an financial interest in the same markets (e.g., also sell products/services in that sector).
  • Protecting IP – if intellectual property owned by partners is misused or if partners contribute to an invention in the course of participating in the PPP.
  • Mitigating exposure – if the sharing and analysis of data or related PPP activities increases perceived or actual privacy, compliance, or legal risk.

A Trusted Third Party can demonstrably mitigate many partner concerns about the inappropriate use of their potential contributions (e.g., time, expertise, data, reputation, funding) to the PPP or unintended effects of their participation in the PPP.

How an Independent Convener Helps
Collaboratives and PPPs succeed when they openly address the unique needs, interests, and concerns of affected groups. MITRE has found that providing stakeholders a safe space to air and collaboratively address needs, risks, and concerns is a leading indicator of PPP success. MITRE’s PPP experts facilitate partners’ business, technical, and legal representatives working together to develop mutually satisfactory agreements and solutions (as well as mitigations to address risks/concerns) about:
• Purpose, governance, roles and responsibilities, and operations of the PPP
• How information is shared, by whom, and when
• Data privacy, security, and permitted uses
• Invention, ownership, and use of intellectual property
• Responses to legal demands for disclosure, Freedom of Information Act
• Measuring processes, outputs, and outcomes, as well as learning, innovating, and adapting
• Conflicts of interest, antitrust, unfair competitive advantage, safe harbor, and any other topics specific to the partnership
MITRE has substantial experience helping partners co-design the PPP to meet their expectations.
Why MITRE?
Industry (and other) partners are more likely to provide their data to MITRE, thus enabling the mission of the partnership, when:
  • Partners retain ownership and control – Per binding agreement, all data submitted by partners remains under the ownership of the submitting partner and will not be directly accessible by any other partner – including government partners. Only MITRE will have access to the pooled data.
  • The TTP is free from commercial conflicts of interest – MITRE is a not-for-profit corporation chartered to work solely in the public interest. That status, along with ongoing diligence in managing conflicts of interest, means that MITRE avoids actual or perceived commercial interests in the partners’ data.
  • MITRE embraces its responsibilities per the PPP agreements – which are co-authored by partners’ counsel – such as acceptable data uses and protecting partners’ interests and intellectual property.
  • Partner participation is voluntary and predicated on their receiving value from the PPP – if a partner chooses to end participation, the partner’s data will be destroyed.
  • Data is anonymized appropriately – While MITRE may receive identifiable data for purposes of linking it for partner-approved analyses, it takes reasonable care to not attribute findings to any partner and employs de-identification techniques so that individuals and organizations are not inappropriately identifiable in results that are shared with partners and/or the public.
  • MITRE uses proven security and privacy controls – MITRE employs tailored security and privacy controls – including threat-based and advanced solutions – to protect partner data that are based on decades of experience safeguarding highly sensitive data in the defense, intelligence, health, tax, cyber, and other communities.
  • MITRE protects partner data from disclosure – MITRE is not subject to the Freedom of Information Act (5 U.S.C. § 552) (FOIA). If MITRE is subject to any legal process whatsoever for the release of any partner data or information (including without limitation, a FOIA request, subpoena, discovery request, court order, or other legal process), it will promptly notify the affected partner so that the partner may pursue its own legal action and MITRE will cooperate with the partner to resist or limit, to the fullest extent permitted by law, any and all disclosures of the demanding party.

MITRE has decades of experience delivering secure and impactful PPP solutions aligned with partner expectations like those noted above.

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