Data Colonialism, Algorithmic Justice, and the Law: A Global South Perspective

Abstract

The expansion of artificial intelligence (AI) and algorithmic governance has ushered in a new era of power relations defined by data. In the Global South, the intersection of historical legacies of colonialism, economic dependency, and weak legal frameworks has produced a landscape where data extraction and algorithmic control often replicate older forms of domination. This paper explores the concept of data colonialism—the systematic appropriation of personal, social, and communal data by global corporations and states—as a new frontier of imperialism. It examines how algorithmic systems, often designed in the Global North but deployed in the Global South, perpetuate structural inequalities, exacerbate surveillance, and challenge democratic and legal institutions. The notion of algorithmic justice is evaluated through sociological and legal lenses, considering questions of fairness, transparency, and accountability. Drawing on case studies from India, Africa, and Latin America, the paper highlights how algorithmic governance in welfare, finance, and criminal justice has disproportionately affected marginalized groups. Finally, it argues that algorithmic justice in the Global South requires both a rethinking of legal norms and a sociological re-engagement with postcolonial theory, emphasizing the need for local epistemologies, stronger regulatory frameworks, and global digital solidarity.