INTRODUCTION: DATA JUSTICE AND THE
RIGHT TO THE CITY
Morgan Currie, Jeremy Knox and Callum McGregor
This chapter argues that the concept of data justice can inform and
enrich practices motivated by the Right to the City (RTTC). RTTC is,
at heart, a radical concept of citizenship that calls for the collective
design of urban life, of ‘affordable housing, a decent school for the kids,
accessible services, reliable public transport. The right to have your
urban horizon as wide or as narrow as you want’ (Merrifield 2017). The
comparatively nascent concept of data justice seeks to understand how
datafication of everyday life, predominantly but not solely in urban
contexts, compounds existing social injustices and creates new ones.
While the lens of data justice helps illustrate how and why an analysis
of datafication is today integral to the RTTC, the RTTC cautions against
the political co-option of data justice into technocratic and privatised
‘data for good’ initiatives.
Emerging work on data justice discourages the data fetishism tainting public, commercial and academic discourse on emerging data
industries. By ‘fetishism’ we mean the habit of endowing objects and
entities with an almost magical, or at least intrinsic, power to shape the
world around us (Harvey 2003). Data fetishism is a form of post-politics
par excellence that casts aside theory and ideology and reduces various
social problems to systems engineering conundrums solvable with sufficient data and processing capacity (Han 2017; Eubanks 2018). Instead,
data justice scholarship and activism in all its diversity understand
datafication as a political phenomenon related to more established
structural dynamics of social injustice, whether distributive (economic),
recognitive (cultural) or representational (political) (Fraser 2005).
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Morgan Currie, Jeremy Knox & Callum McGregor
FRAMING SOCIAL JUSTICE
A social justice approach focuses on the agency of those groups disproportionately impacted by datafication and urbanisation. We find it
useful to draw on Nancy Fraser to frame social justice as participatory
parity – that is, ‘social arrangements that permit all to participate as
peers in social life’ (2008: 405). Distributive, recognitive and representational injustices are different dimensions of social justice that can be
understood in terms of their combined impact on participatory parity
in concrete situations (Fraser 2005). Constraints on participation can
be attributed to the unfair distribution of economic goods, or the institutionalised cultural marginalisation of group identities, or to rules or
institutions that suppress political voice, or a combination of all these.
Following Fraser and Iris Marion Young, this framing means paying
attention to the entanglement of economic injustice with the politics of
difference. The cultural domination of certain social groups reinforces
material economic inequality, just as structural economic inequality in
turn reproduces social problems (ill health, high crime rates, violence,
addiction etc.) in poor and often racialised communities through the
perpetuation of conservative policy discourses. In Fraser’s more recent
work, representational injustice is concerned with the asymmetrical
distribution of power to determine what defines political space itself.
Fraser identifies representational injustice at work where ‘the division of political space into separated bounded polities deprive[s] some
of the chance to engage politically with peers on matters of common
concern’ (Fraser 2008: 286). In short, there can be no recognition or
redistribution without representation.
Dencik, Jansen and Metcalfe (2018) foreground how the emerging
political economy of datafication and the politics of difference are intertwined, as opaque proprietary algorithms classify and sort social groups
on the basis of ‘group commonalities that are fundamentally alien to
individuals and groups themselves’ (p. 4). Transnational data infrastructures act as black boxes with real material consequences for people
(most notably refugees and asylum seekers) who have no agency to
speak back to systems that govern their daily lives. Distributive, recognitive and representational injustices are manifested in a panoply of
concrete data justice issues: the automation and digitisation of social
welfare, the datafication of border regimes, racist police profiling, the
surveillance of social justice activism and the exploitation and precariti-
Introduction
3
sation of labour through automation and platform capitalism, to name
but a few. All of these issues and dynamics cut across different axes
of oppression, including race, class, gender and legal status, and can
ultimately be understood by asking how the dynamics of datafication
enhance or inhibit participatory parity, a concern at the heart of RTTC
struggles.
Historically, struggles for the RTTC find solidarity in difference,
underpinned by a radically inclusive vision of citizenship that isn’t
contingent on legal status. Collective struggles over housing, policing,
urban pollution, green space, transport, education, energy and food
sovereignty (to name but a few) have all historically found common
cause under the RTTC. Ideologically, what sets the RTTC apart from a
more liberal discourse of rights, including human rights, is that it challenges the individualistic and post-political nature of such discourse.
The RTTC is fundamentally about the right to ‘change and reinvent the
city more after our hearts’ desire’ (Harvey 2012: 4). At its best, the RTTC
raises questions over the use and production of urban space that bring
together citizens with heterogeneous interests and positions in often
unpredictable ways (Lefebvre 1992). Thus, the RTTC is fundamentally
sensitive to the question of building political solidarity in the face of difference. The salience of the RTTC today is the promise, at a municipal
scale, to construct an alternative narrative of the people that rejects the
false choice between a neoliberal technocratic oligarchy (with some
progressive concessions) and right-wing xenophobic and racist nationalist populism in particular (Mouffe 2018).
The growing density of urban space, the proliferation of data produced by the concentration of inhabitants, and the technical expertise
that cities attract have stimulated ideas about efficient governance and
the city as an engine of economic growth. Policy makers and industry
players envision data-driven technologies animating regional development in the form of entrepreneurial start-ups, data-science expertise
and venture capital investment. In the fetishistic fervour to datify our
cities (and their attendant institutions such as schools and health and
welfare services), a focus on data justice is a necessary pillar of any
effective RTTC activism. The struggles of digital rights activists and
community activists organising for the RTTC are intimately entangled
(Dencik, Hintz and Cable 2016). The RTTC opposes the unmitigated
privitisation of public space and the commodification of the commons.
As the informational commons become invisibly commodified, entire
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Morgan Currie, Jeremy Knox & Callum McGregor
areas of urban life (education, health, transport, policing, tourism,
housing, energy etc.) are mediated through digital infrastructures and
the data they amass and process. Francesca Bria terms data a ‘meta
utility’:
[W]hat does energy sovereignty mean once we transition onto the
smart grid, and firms like Google offer to cut out bills by a third if
only we surrender our energy data? Does the struggle for ‘energy
sovereignty’ mean anything if it is not tied to the struggle for technological sovereignty? Probably not. (Bria 2020: 166)
When sutured together, data justice and the RTTC are radical demands
that form the starting point of a new politics. The next important step
is to design paths to civic participation, resistance and the invention of
creative alternatives to otherwise inevitable futures of corporate power
and rising inequality.
This introduction makes connections between an existing and substantive body of literature on the RTTC with more recent and explicit
calls for justice where data-driven systems increasingly suffuse our
social institutions. The first section provides an overview of the RTTC as
an enduring conceptual lens looking at the civic, participatory and creative production of urban space. As much work in this area has already
established, policies and pundits have normalised the imaginary of
datafication most explicitly in urban contexts. The second section will
elaborate on the ways that notions of data justice expand upon the
intersection of critical data studies and social justice studies, bridging
an interest in the social impact of ‘Big Data’, algorithms, artificial intelligence (AI) and other data-intensive technologies, with established
concerns for fairness, rights and opportunity in society. We connect
data justice literature to established debates in social justice theory,
considering the extent to which the current paradigm of datafication
troubles many of the assumptions that underpin prevailing understandings of fairness in contemporary society. Just as the subsequent
contributions in this book do, we suggest frameworks and practices
through which datafied cities and citizens might engage in more justice-oriented relationships.
Introduction
5
A RETURN TO THE RIGHT TO THE CITY
The term ‘right to the city’ largely originated with Henri Lefebvre,
Marxist philosopher and social scientist, writing in the period leading
up to 1968 protests in Paris. For Lefebvre, the material spaces of the city
are implicated in all social and political aspects of urban life. Because
our daily environment constitutes social relations, it follows that the
only way for urban citizens to exercise their rights fully is to have the
capacity to design their environment and participate in struggles over
its development. In Mark Purcell’s (2002) reading, Lefebvre offers a
radical approach to political inclusion: all inhabitants – not only legal
citizens, but all who live in a city – should make these decisions about
urban space through direct forms of participation. The RTTC is relevant
to a broad spectrum of historical upheavals and gentrification processes
driven by often racialised financial capitalism, including ‘slum clearance, demolition and displacement of communities in Haussman’s
Paris in the 19th century, Robert Moses in 20th century New York and
contemporary development in cities like Seoul, Delhi and Mumbai’
(Minton 2017: 55). The most radical potential of the RTTC therefore lies
in an intersectional approach, directly challenging racist, patriarchal,
capitalist and ableist social relations that underpin the production of
urban space.
Social movements were quick to adopt ‘the right to the city’ as a
slogan in their efforts to resist gentrification and development backed
by global capital (Brenner, Marcuse Mayer 2012) and in popular struggles against austerity, globalisation and the destruction of open spaces
and land (Mayer 2009). In Brazil, the ‘right to the city’ gained legal
meaning when it enshrined its 2001 City Statute, giving citizens more
rights to shape development of public land (Fernandes 2007). The
United Nations and the World Social Forum adopted the phrase as a
theme during several global gatherings in the 2000s (Kuymulu 2013);
in these cases, RTTC reflects global concerns that in cities, democracy
and enfranchisement are on the decline, both through the outsourcing
of public services and thanks to capitalism’s unrelenting emphasis on
the exchange value – rather than use value – of space.
RTTC took on new academic significance in the 2000s when critical urban theorists revived the phrase to analyse class struggle, antiracism and radical democracy in the face of globalisation and later the
2008 financial crisis and Occupy Wall Street. In David Harvey’s (2008)
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Morgan Currie, Jeremy Knox & Callum McGregor
critique, the phrase describes how cities have long been battlegrounds
for capitalist surpluses that are reinvested in city planning and infrastructure, leading too often to commercialisation of common spaces,
gentrification, assaults on unions, and environmental degradation
through new forms of extraction. ‘Since the urban process is a major
channel of surplus use, establishing democratic management over its
urban deployment constitutes the right to the city’, argues Harvey – as
opposed to privatisation that colonises public space for the rich. The
right to the city mobilises certain rights – of social justice and having a
high standard of living and dignity – over others, such as the right to
property and to participate in the free market. For Harvey, the RTTC is
always commons-based and collective, taken up by communities, not
exercised by individuals. At all steps are questions of social justice and
participatory parity: Who determines what a good city should be? How
might we design a world of justly distributed public resources?
RTTC has supplied scholars with a rich framework to understand
urban grassroots efforts. Kuymulu (2013) views the Gezi Park uprisings in Istanbul through this lens – the occupation of the park was a
reaction to government plans to turn this green space into a shopping
mall. A band of activists, occupying the park for three days, effectively
stopped the construction and sparked nation-wide protest as citizens
reacted to police brutality against the occupiers. Weinstein and Ren
(2009) use the RTTC framework to compare formal housing rights protections and the work of housing rights activists across Shanghai and
Mumbai. Shillington (2013) uses the concept to look at how inhabitants of Nicaragua’s cities use household fruit trees to challenge food
insecurity.
Debates also characterise this literature. Exactly what rights does the
right to the city encompass (Attoh 2011)? Is the phrase used so often
that it risks dilution (Plyushteva 2009)? Should rights even be the focus,
over other ethically resonate terms, such as ‘needs’ (Mitchell 2003)?
Does the phrase signal too much about the process, and not enough
about the values that should drive the process (Purcell 2002)? These
questions become less important when we understand the RTTC as
a set of demands enacted through struggle, rather than an objective
sociological category. As a discursive practice, the RTTC ‘does not exist
previously to its political articulation’ (Mouffe 2018: 62).
Despite its contingency, we can identify four principles that characterise literature on RTTC: (1) resisting the privatisation of public space
7
Introduction
and services, which historically entails treating space in terms of its
surplus value rather than civic use value due to government austerity
and privatisation; (2) fighting for a more equitable distribution of the
benefits of city life to all inhabitants; (3) introducing more democratic
practices determining urban development and resource distribution;
and (4) guiding these processes using a particular set of rights that
emphasise social justice over property ownership.
RIGHT TO THE DATAFIED CITY
The question of technology and its influence on social relations has
always been central to RTTC struggles, since urban technologies
implicitly encourage and facilitate certain social relations while excluding others. Take Winner’s (1980) famous example of how Robert Moses
used urban planning as a racist tool to undermine desegregation efforts
by constructing freeway bridges that blocked public transport from
reaching all-white suburbs. As Winner (1980) observed in his landmark
work, people often adjust to social relations resulting from ‘technological’ change that they would resist if resulting from overt politics. So the
question of technology in the RTTC is not new.
Datafication introduces new sets of problems that recharacterise
RTTC principles. Shaw and Graham (2017) reanimate a particularly
important aspect of Lefebvre’s work in this context: the ‘right to information’, which constitutes part of the broader conceptualisation of the
‘right to the city’ (Lefebvre 1996). Digital information collected by ‘GPS
devices, Uber, Wikipedia and TripAdvisor’ create digital reproductions
of cities’ infrastructure that are ‘often as important as their bricks and
mortar’ (Shaw and Graham 2017: 908). Shaw and Graham focus on
the power implicit in this shift to urban data, tracing the ways in which
powerful corporations such as Google ‘reproduce and control urban
space itself’ (2017: 921). ‘In this capacity, [tech companies] have now
joined – and in some cases, perhaps even superseded – the ranks of
urban planners, developers and landlords from Lefebvre’s era in terms
of their power over the city and its many problems’ (Shaw and Graham
2017: 921). Datafication, in this sense, is increasingly indistinguishable
from the privatisation of the city, where civic use value is subordinated
to profit-seeking behaviour of a technology sector increasingly controlled by a small group of dominant corporations. Today, regional
city deals view data-intensive industry as a panacea for competitive
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Morgan Currie, Jeremy Knox & Callum McGregor
advantage and a site for surplus reinvestment and growth. State-based
services rely more and more on private platforms. Thus, the RTTC is
partly about challenging the ‘accumulation by dispossession’ of data
generated by citizens and the Faustian pact we make daily when we
exchange data for services, such that it might be controlled democratically and operationalised in more emancipatory directions.
Kitchin and colleagues further renew the ‘right to the city’ literature
through the examination of the smart city, a much more overt datafication of urban space involving embedded technologies that administer city functions (Kitchin, Cardullo and Di Feliciantonio 2019: 1).
Algorithmic and automated systems, while not overtly disciplinary,
create forms of control that steer and nudge citizens (Kitchin et al. 2019:
4). This kind of social control entrenches forms of inequality by reconfiguring citizens as productive consumers, forming divisions between
those who fuel the tech-infused urban economy and those that ultimately benefit from it. ‘Citizens . . . can browse, consume, and act. If
there is civic engagement, it is in the form of a participant, tester, or
player who provides feedback or suggestions, rather than being a proposer, co-creator, decision-maker, or leader’ (p. 6). Kitchin et al. (2019)
draw on the ‘right to the city’ to propose alternative community- and
justice-oriented visions of the city. As Morozov and Bria (2018) detail,
many cities are grappling with the neoliberal model of the data-driven
city, and are proposing community-driven datafication that provides
more equitable distributions of the benefits of city life. The city of
Barcelona is a key example: since 2015 it has attempted to adopt the
practice of ‘technological sovereignty’ – designing technology to serve
local residents ‘and be owned as a commons, rather than applying a
universal, market oriented proprietary technology’ (Kitchin et al. 2019:
10). Gabrys (2019) offers another example of participatory, communitydriven practices for urban development through citizen sensing of air
pollution. Gabrys takes inspiration from Lefebvre to characterise ‘the
city as an ongoing collective project’ driven by ‘staving off and surviving
dispossession, pollution and injustice that often accompany increasing
urbanization’ (Gabrys 2019: 250–1). Drawing on Lefebvre’s underlying
philosophical direction, Gabrys asserts that:
the right to the city is more relational rather than teleological, since
it is less focused on arriving at a finished urban form, and more
attuned to the ways of life that are experienced and sustained,
Introduction
9
as well as the political subjects that urban inhabitants become in
these collective urban projects. (Gabrys 2019: 252)
As the following section will elaborate, data justice literature is also concerned with lived experience and the ongoing articulation of everyday
injustices in ways that constitute more radically democratic practices.
While this section has made connections between the concept of the
‘right to the city’ and the politicisation of data in urban contexts, the
next defines the term ‘data justice’ and highlights several themes it
shares with the RTTC literature.
DATA JUSTICE – POLITICS AND PERSONALISATION
As Dencik, Jansen and Metcalfe (2018) suggest, the central thrust of
work in data justice is ‘to situate data processes within historical and
on-going struggles for justice claims’. This work should therefore be
understood in a context of broader critical responses within the social
sciences to the often evangelistic and celebratory discourses that tend
to accompany technology development. Dencik et al. (2018) further
clarify this reversal of the dominant narrative, suggesting ‘datafication
is not a revolution that is drastically changing the structural power and
political economy of modern society, but an extension of conditions
that have resulted in grievances and injustices towards historically marginalised and politically sculpted targets’ (Dencik et al. 2018: 6). In this
sense, both critical data studies that draw on RTTC and work in data
justice call for a sea change in the hyperbole and sense of triumph surrounding technical progress, and a much more in-depth engagement
with social justice concerns in the era of datafication.
Echoing RTTC, a central concern for data justice is the manifestation
of power. A number of recent works in data justice have examined the
ways in which the political economy of datafication has concentrated
power within an elite few and amplified the marginalisation, misrecognition and liability of many (O’Neil 2018; Taylor 2017; Eubanks
2018; Noble 2018). Nancy Fraser’s formulation of justice as participatory parity is powerful in this context. Automated welfare services, for
instance, typically signal cuts in staff, involve contracts with private
firms whose patented systems evade public scrutiny, and facilitate surveillance through algorithmic risk assessment, creating opaque systems
with little public oversight. Work in data justice views these automated
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Morgan Currie, Jeremy Knox & Callum McGregor
systems as ‘a new form of governance that advances particular social,
economic and political agendas, benefitting some and disadvantaging others’ (Hintz, Dencik andWahl-Jorgensen 2019: 143). Another
pertinent example is Crawford and Joler’s study of a ‘virtual assistant’,
which, rather than focusing on the technical features of the device or
the functions defined by its designers, describes and visualises a ‘map
of human labor, data and planetary resources’ (2018) that constitute
the gadget. Crawford and Joler (2018) chart, amongst other relationships, the ‘[p]rivatization and exploitation’ of rare earth elements used
in the production of the virtual assistant, with the ‘[u]npaid immaterial
labour’ of users who train the system through their everyday use of
voice commands.
While there has been a long-established critique of the consumerist model of public service governance (Clarke 2007), we now must
pay attention to public services transformed by data-driven technologies. Examining the ways public services are being revisioned through
relationships between public and private intermediaries, Williamson
outlines a method of personalisation, which:
involves the use of sophisticated software and algorithms that can
be used to collect and analyse ‘big data’ on service users, consisting of personal information and individual behavioural data, in
order to anticipate or even predict citizens’ future lives, behaviours
and requirements. (Williamson, 2014: 292)
Such services constitute a shift from generalised public services to
highly customised and automated relationships between individual
citizens and local authorities. Under the guise of this supposedly beneficial ‘personalisation’, such approaches tend to build in a form of isolation, where individuals lose shared experiences of public services, and
therefore connections to each other. As Hintz et al. (2019) note, such
data-driven personalisation works against notions of collective citizenship, further entrenching an ideology of individual responsibility and
personal culpability. For Lake, this ‘hyperindividualism’ surfaces most
intensely in urban governance, which is reduced to ‘the management
of atomistic behavior’ (2017: 8). Further, such personalisation ‘undermines the contribution of urban complexity as a resource for governance, erodes the potential for urban democracy, and eviscerates the
possibility of collective resistance’ (p. 8). In this sense, public services
Introduction
11
that are reconstituted as personalised data-driven transactions undermine the very notion of the ‘public’ as representing mutual experiences,
united causes, or indeed the capacity for collective action.
A further concern of data justice is around public space and services, where such notions are becoming increasingly contested in
city contexts. The data justice literature, as with RTTC, is concerned
about how datafication enables the impoverishment of public space
and city services. This is particularly evidenced in new investments in
the digital platform sector that sets out to ‘unlock the potential’ of big
datasets as a kind of raw material, but ends up drawing new lines of
power between those that store and organise data, and those of us who
have less understanding of or control over these information flows. An
important, and under-explored, aspect of the existing RTTC literature
to date, which the literature on data justice has richly contributed to, is
the rise of surveillance systems that encroach on daily life and public
space through predictive analytics and facial recognition software,
which have been found to embed racial bias (though see Mitchell and
Heynen 2009). At the same time that citizens are ceding control of their
statistical representations through their online behaviour, automated
data collection increasingly privatises and marketises activities in public
space – as we witness with the rise of profitable data analytics industries that monetise data on students at public universities (Williamson
2017). Contemporary social justice movements from 15-M in Spain to
Occupy to Black Lives Matter have recognised that reshaping public
space is also an issue of reaching publics through technical platforms
over which they have little control. Both data justice and the RTTC call
for collective, democratic oversight of these platforms and to exercise
this right by drawing on long-standing social justice principles. By
combining the strengths of these two literatures, we can start examining how these trends are particularly amplified in urban contexts.
Another key dimension of data justice work that mirrors RTTC literature is to promote a return to community-driven goals and technological designs that promote shared experiences and action. Perceiving
data-driven systems as inherently social quite literally opens up ways
of identifying and comprehending the impact of technology in general,
and issues of marginalisation and injustice in particular. A pertinent example here is the Algorithmic Justice League,1 who, through
unmasking the racial and gender biases built into various AI products
(Buolamwini and Gebru 2018; Raji and Buolamwini 2019), engage in a
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Morgan Currie, Jeremy Knox & Callum McGregor
range of high-profile advocacy and policy work in the US, for example
testifying to the Committee on Oversight and Reform in the House of
Representatives concerning the impact of facial recognition and biometric surveillance.
Finally, there is growing interest in not only critiquing the inherent biases and politics of data-driven systems, but also attempting to
transform design practices themselves to engage in the ‘dismantling
or transforming [of] systems of oppression’ (Costanza-Chock 2019).
Contends Costanza-Chock:
the design of AI, or machine learning, is still deeply inequitable.
It’s inequitable in terms of: who gets to build it; who the paid AI
workers are; who the imagined users are; the goals of the systems;
the sites in which we’re building these things; the power relations that these systems support and strengthen; the pedagogy
that we’re using to teach the people who are learning how to
build these systems in computer science departments around the
country and around the world. (Costanza-Chock 2019)
Green critiques the discipline of data science, calling it ‘a form of political action’ (2019: 7) and asking data scientists to view themselves as
doing politics through their work, which can make such an impact
in people’s daily lives. Green’s depiction is in stark contrast with the
insular approach to computer science, where emphasis tends to be
placed largely on cohesive design at the expense of considerations of
their wider social impact. This notion of ‘design justice’
goes beyond fairness. It entails thinking about the matrix of domination – about intersecting systems of oppression – and what it
means to design sociotechnical systems that can transform or
overturn these systems, rather than constantly reproducing them
in technology, in design, and in machine learning. (CostanzaChock 2019)
While encompassing a much broader approach to design than simply
working with data-driven technologies, the Design Justice Network
Principles2 offer a tangible set of guidelines for avoiding the kind of
biases and marginalisation identified in much of the data justice literature. However, this concern for formalising justice from the outset of
13
Introduction
design exists in tension with calls to focus research on lived encounters
with data and the everyday experiences of often unpredictable injustice.
In the final section of this chapter, we examine the contribution
that the data justice literature has made to our understanding of social
justice itself, and ask how this perspective intersects with the praxisoriented development of RTTC.
JUSTICE IN TIMES OF DATAFICATION
As the previous section discussed, work in data justice is clearly
grounded in wider sociological and political critiques of technology;
it is oriented towards countering much of the mainstream advocacy
and promotion of Big Data, AI and machine learning through centring
issues of inequality, discrimination and injustice in public discourse
around data-driven technologies. However, in doing so, notions of data
justice also offer some productive and pertinent critical commentary on
social justice theory itself, and on the general ways in which issues
such as fairness, accountability and transparency are discussed in the
contemporary context of increasing data governance. Key to this contribution of data justice research is the way in which it draws upon sociological understandings of data and social life, in order to trouble many
of the assumptions that tend to underpin prevailing understandings of
justice and fairness. Dencik et al. (2018) highlight two principal areas of
social justice theory for which the paradigm of datafication provides a
pertinent contemporary context: Fraser’s concept of ‘abnormal justice’
(2008), which, rather than attempting to define the fair distribution of
resources in society, focuses on the conditions in which the very notion
of justice itself is framed; and the work of Amartya Sen (2009) and Iris
Marion Young (2011), which foreground the lived experiences of injustice. Across these critical perspectives, Dencik et al. (2018) highlight
the ways in which current and pervasive data practices hold particular
resonance for understanding social justice differently. For example, the
significance of Fraser’s work has been to highlight conditions in which
‘normal justice’ – where ‘those who argue about justice share a set of
underlying assumptions’, and ‘contests assume a relatively regular,
recognizable shape’, and in which justice is constituted ‘through a set
of organising principles and manifesting a discernible grammar’ (2008:
393–4) – fails to occur. Better understood as ‘abnormal justice’, such scenarios call into question fundamental assumptions about the ontology
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Morgan Currie, Jeremy Knox & Callum McGregor
of justice, the scope of actors, and the very procedures through which
it might be pursued (Fraser 2008). As Dencik et al. (2018) highlight, the
omnipresent regimes of data collection and processing, and their finegrained entanglements with everyday social life, present precisely such
abnormalities, where data itself is questioned as a tangible commodity,
the extent to which particular groups or populations are disadvantaged
is contested, and the routes to claiming or practising justice are opaque.
Once again, work in data justice is a challenge to dominant discourses, this time those in the guise of fairness, privacy and the protection of individual rights, which have tended to characterise broader
discussions of the social impact of data-driven technologies. Dencik
et al. (2018) specifically question the relevance of more prevalent
Rawlsian notions of distributive justice, where the principal focus is to
achieve the equitable dissemination of resources in society. As Dencik
et al. suggest, the underlying assumptions of distributive justice are
‘not enough to question the implications of obscure, unaccountable
and interwoven decision making created by datafication’ (2018: 4–5),
due not only to the abstruse modes through which data-driven systems
might identify and categorise populations in ways that result in marginalisation or injustice, but also in relation to the extent to which such
processes are traceable and amenable to processes of public scrutiny. In
other words, where a notion of fairness underpins the understanding
of justice, within which the primary concerns are located in concepts
of privacy and the protection of personal rights, assumptions are made
about the coherence, agency and permanence of the actors involved, as
well as the space in which the very question of justice can be posed and
understood. For Dencik et al., the path to understanding such abnormal justice contexts lies in drawing from the work of Sen (2009): to
foreground ‘social conditions and lived experiences’ (Dencik et al. 2018:
4), rather than develop theoretical principles, or indeed assume the fair
and unbiased conduct of civic institutions. As such, comprehending
the (in)justice of datafied societies comes from examining the struggle
between the ways people form their own identities and social groupings, and the pervasive sorting, ordering and categorisation undertaken
by often concealed technologies (Terranova 2004), producing automated affinity groups (Gillespie 2014) to which citizens are unknowingly assigned, and with which they are appraised.
Heeks and Renken (2018) also work with social justice concepts to
offer new theorisations of justice and human rights in light of datafi-
Introduction
15
cation in global development contexts. The authors begin by pursuing three possible theories of data justice based on widespread social
justice literature – what they call ‘mainstream’ theories. The first is
instrumental data justice, which puts a focus on whether the outcome
of the use of data is fair and just – here this can mean deploying data
in a way that leads to discrimination of those with protected attributes,
or to a violation of a subject’s legal rights to privacy and data protection. Second, a procedural notion of justice examines the processes of
data creation and handling; this valuation places a strong emphasis on
whether individuals have consented to the use of their data, or whether
stakeholders have any due process over the handling of the data. Third
and final, distributive justice looks at who controls and accesses the
data; this emphasis might ask whether data privacy protections are in
place or whether an individual or groups can control their own data
representations. Distributive justice would look not only at how fairly
data is distributed, but also at whether the benefits of data control are
distributed in equitable ways.
Heeks and Renken, however, critique and nuance these ideas by
arguing they ignore the social structures that determine, in part, the
relationships and data flows under scrutiny in the three mainstream
theories. A structural perspective prompts different types of questions,
such as ‘[w]hy is access to data maldistributed in the global South?
Why is participation in data processes unequally distributed? Why do
the benefits of data systems in developing countries include some and
exclude others?’ Heeks and Renken’s structural critique shows the
limitations of instrumental, procedural and distributive approaches; it
focuses instead on the societal conditions shaping data infrastructures
and systems – on how society enables the circumstances that shape the
creation, exchange and ownership of data. Heeks and Renken draw on
Iris Marion Young’s network view of social structure and data assemblage analysis to ask how capitalism or governance regimes produce
structural inequalities in developing countries, which in turn bear on the
inequitable distribution of data and data rights. The authors also propose
a capabilities approach, but one slightly amended from Amartya Sen’s
work. From this perspective, data justice for development is not only
about fairly distributing data or giving equal access to its control – it
would also include fairly distributing the means to achieve with it, along
with creating contexts and institutions that enable people to make good
use of data and put related protections and rights into place.
16
Morgan Currie, Jeremy Knox & Callum McGregor
Data justice advocates’ insistence that we ground social justice claims
in structural, political-economic critiques and lived experiences is a
clear intersection with the RTTC. RTTC literature, as described above,
cannot disentangle theoretical analyses from actual political-economic
struggles of urban life. The RTTC must arise from a contingent set of
principles that are shaped through ongoing contention and the political articulation of rights in different contexts. In sum, we find that the
RTTC is now being reframed and refreshed, yet again, through the
rise of urban datafication, and new understandings of justice in light
of datafied citizenship is just another illustration of this dialectic that
animates both areas of scholarship.
REPOLITICISING DATA FOR THE RIGHT TO THE CITY
This chapter has brought together long-standing interests in ‘the right
to the city’ with emerging calls for ‘data justice’; it has highlighted the
pressing need to (re)politicise data, particularly in urban contexts where
neoliberal ideologies and tech-fuelled entrepreneurial capitalism are
at their most acute, but also where citizens might have the greatest opportunities to mobilise tangible community-driven approaches.
We suggest that (re)politicising data is both a critical response to the
instrumentalist discourses of technological progress and a methodological practice for surfacing issues of injustice, authentic to the lived
experiences of communities in the midst of datafication regimes. We
have drawn on literature both from RTTC and data justice that argues
for recognition of the politics of data (see Ruppert, Isin and Bigo 2017;
Bigo, Isin and Ruppert 2019), and for the need to embrace an essential
condition of contestation through which data-driven technologies are
necessarily developed (Crawford 2016).
Embracing such tensions and contests is precisely where the work
of RTTC and data justice intersect: to ‘(re)politicize data and demonstrate its relevance to social justice issues and advocates’ (Dencik et al.
2018). Hintz et al. further suggest such political work as ‘a strategy for
connecting concerns with data to broader movements for social justice
to develop an integrated approach capable of challenging the dominant datafication paradigm’ (2019: 152). Political struggle becomes
crucial amidst the fog of the common-sense techno-capitalist vision
of the future city, where neoliberal forms of data-driven technology
are portrayed as not only inevitable, but without rational or feasible
Introduction
17
alternatives. The contribution of this chapter is to show how these
two theories together take on this challenge, purposefully discounting the certainty of data-driven innovation in the city, offering critical perspectives on the prevailing discourses of efficient, market-led
urban futures, and opening up creative and community-centred
alternatives.
THE ORIGINS AND STRUCTURE OF THE BOOK
The inspiration, and perceived need, for this book materialised from
the editors’ experience of organising a week of interdisciplinary events
on the theme of data justice, 20–24 May 2019. This programme was
funded and supported by the University of Edinburgh’s interdisciplinary and civic-facing Edinburgh Futures Institute (EFI), which also
generously agreed to support the open-access publication of this book.
This book is a product of its environment in the sense that a number
of authors not only write from, but also about Edinburgh and urban
datafication in Scotland. To the extent that Edinburgh can be viewed as
an emerging hub of urban datafication, we, as editors, are accountable
to this partial perspective – both the insights that it generates as well
as its inevitable blind spots. It is important to state that the University
of Edinburgh itself is a powerful player shaping the production of its
urban surroundings, through a largely economic narrative that aims to
position the region as the ‘data capital of Europe’. As academics based
at this institution at the time of writing, we are committed to confronting and working through this ambivalent positionality in order to better
understand possibilities for intervention. We are also keenly aware of
the omissions of this collection and, as such, we view this as a partial
and situated form of knowledge, accountable to the manifold mediations and local roots that birthed it.
However, neither is the book solely confined to this local context.
The book’s contributions have been thematically organised into four
sections: the automation of welfare and social services; education;
labour; and activism. In each of these sections, we find bold, urgent
and diverse analyses of the manifold ways in which data injustices and
global struggles over the right to the city intersect: take, for example,
AlgorithmWatch’s stories of automation in seven cities across the
world; Jansen’s study of predictive policing in Europe; and Paris et al.’s
critical analysis of calls for data transparency in police officer-involved
18
Morgan Currie, Jeremy Knox & Callum McGregor
homicides in the US, following the 2014 police murder of Michael
Brown in Ferguson, Missouri. What this book does not offer is a comprehensive overview of the ways in which global concerns about data
justice and the right to the city intersect. However, what it does offer is
a contribution to ongoing critical praxis in the face of urban datafication. In this spirit, we welcome you to this edited collection.
NOTES
1. Algorithmic Justice League: https://www.ajlunited.org/.
2. Design Justice Network Principles: https://designjustice.org/read-the-prin
ciples.
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