Data Colonialism: The New Frontier in Corporate Governance and the ‘Corporations and Human Rights’ Discourse.
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Date
2022
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Publisher
Governance Journal
Abstract
This paper provides an overview of corporate governance scholarship from
inception to-date and situates the current issue of managing Big Data within
corporate governance practice and scholarship. Its aim is to highlight the
possible impact of Big Data on current corporate governance practice and
regulation with a view to encouraging further research on the same. Whilst
digitisation has aided advances in good corporate governance practice and
regulation, the effects of digitisation have not all been positive: a significant
number of corporate governance scandals today are digital. With a focus on
data mining, this paper explores this phenomenon, Africa’s readiness for it
and the surrounding issues it raises both within corporate governance and
human rights. That Big Corporations are able to mine data without the data
subjects knowledge and use it to their advantage without the data subject’s
informed consent and compensation has resulted in a phenomenon referred
to as ‘data colonialism’. This paper evaluates the extent to which Africa and
in particular Kenya is prepared for the current world of data harvesting and
assesses the need for effective data mining regulation in Africa. It considers
the effect of the General Data Protection Regulation (GDPR) on Kenya’s
Data Protection Act and questions whether Kenya’s legal framework can
effectively deal with data mining while highlighting the role that corporate
governance has in improving accountability in the way Big Corporations
handle data.
Description
Article
Keywords
Data Colonialism, Corporate Governance, Corporations and Human Rights
Citation
Musikali, L. M. (2022). Data Colonialism: The New Frontier in Corporate Governance and the ‘Corporations and Human Rights’ Discourse.. Governance Journal. Vol. 1(3), 2022