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Not ‘Just’ Data : Participatory Data Governance for Health Data Infrastructures, a Decolonial Agenda for Data Justice

Abstract

With the growing digitisation of healthcare services, health data infrastructures play a critical role in healthcare and medical research. Health data are relational in nature and can reproduce historical inequities and manifest colonial patterns, where Global North notions and agendas for healthcare and research are replicated. In this light, governance of health data infrastructures needs to be centred within the sociopolitical context of these infrastructures, promoting the data interests of communities, especially vulnerable and marginalised communities. However, current data protection frameworks that prioritise individual privacy rights are inadequate for addressing collective, context-dependent harms arising from data use. To address this governance gap, the article advocates for a shift from privacy-centric governance to a data justice approach, and seeks to layer data justice with a solidarity-based, decolonial approach. The theoretical and practical dimensions of this approach are explored through three key elements: constitutional, procedural and positional. Constitutional elements deal with the foundational principles or logic underlying the governance architecture of the health data infrastructures. Seen through a justice lens, these constitutional elements are geared towards acknowledging, preventing and mitigating inequities in healthcare and health data activities. Further, procedural elements are building blocks with the aim of embedding tangible mechanisms within governance architecture. Lastly, positionality is the connective tissue that weaves together the constitutional and procedural elements. It is understood as the inherently embodied nature of knowledge, knowledge creation and its processes. It brings forth the criticality of the situatedness of knowledge and power structures, and urges us to imagine governance that does not seek to escape perspective, but makes vantage points both explicit and answerable.

Published: 2026-04-14
Pages:75 to 90
Section: Articles
How to Cite
Nanda, Amrita, and Rattanmeek Kaur. 2026. “Not ‘Just’ Data : Participatory Data Governance for Health Data Infrastructures, a Decolonial Agenda for Data Justice”. Law, Technology and Humans 8 (1):75-90. https://doi.org/10.5204/lthj.4009.

Author Biographies

India India

Amrita Nanda is an ethics and policy researcher working at the intersection of technology and society. Her scholarship and work investigates participatory and community approaches to the governance and use of digital technologies. She brings expertise in data justice across human migration, digital public infrastructure, and urban governance, examining how normative and regulatory frameworks shape the design and deployment of socio-technical systems. She holds a bachelor’s degree in philosophy from Ashoka University, with a focus on applied ethics.

India India

Rattanmeek Kaur is a lawyer and policy researcher working on law, technology and society. She brings expertise in digital constitutionalism, data justice, and human rights in a digital world. Her work spans across working on advocacy campaigns, strategic litigation and research for digital rights in India. She holds a bachelor's degree in law and arts from Gujarat National Law University and is pursuing her masters in law and technology from Tilburg University. 

Open Access Journal
ISSN 2652-4074