Abstract

Human activities are being increasingly regulated by means of technologies. Smart borders regulating human movement are no exception. I argue that the process of digitization – including through AI, Big Data and algorithmic processing – falls short of respecting (fundamental) rights to the extent to which it ignores what I term to be the problem of indeterminacy. While adopting a data feminist approach in this paper, assuming that data is the ‘new oil’, that is power, I begin theorizing indeterminacy from the imminent risks of datafication as a new instrument of oppression perpetuating injustice and widening inequality gaps. I conclude that technologies regulating human activities must stand ethical scrutiny, especially if they can and do result in (human) rights violations. Unlike the oil being extracted from the ground, data is de facto extracted from people endowed with agency, autonomy, rights and contexts – all which ought to be respected and protected.