Suspect Development Systems: Databasing Marginality and Enforcing Discipline

Algorithmic accountability law—focused on the regulation of data-driven systems like artificial intelligence (AI) or automated decision-making (ADM) tools—is subject lively policy debates, heated advocacy, and mainstream media attention. Concerns have moved beyond data protection individual due process to encompass a broader range group-level harms such as discrimination modes democratic participation. While welcome long overdue shift, current discourse ignores databases, which are viewed technically “rudimentary” often siloed from regulatory scrutiny public Additionally, burgeoning proposals algorithmic impact assessments not structured surface important –yet overlooked –social, organizational, political economy contexts that critical evaluating practical functions outcomes technological systems. This Article presents new categorical lens analytical framework aims address overcome these limitations. “Suspect Development Systems” (SDS) refers to: (1) information technologies used by government private actors, (2) manage vague immeasurable social risk based presumed real conditions (e.g. violence, corruption, substance abuse), (3) targeted individuals groups greater suspicion, differential treatment, more punitive exclusionary outcomes. includes some most recent egregious examples tools (such predictive policing assessments), but critically, it is also inclusive database currently at margins technology discourse. By examining use various criminal databases in India, United Kingdom, States, we developed five categories features (technical, legal, economy, social) together separately influence how function practice, ways they used, produce. We then apply this welfare system universal ID number citizenship demonstrate value both identifying emergent under-examined other sensitive domains. Suspect Systems an intervention legal scholarship provides much-needed definitional for understanding ever-evolving ecosystem embedded employed modern governance. Our analysis helps redirect attention toward yet contexts, conditions, consequences pertinent development meaningful legislative interventions field accountability. The cross-jurisdictional evidence put forth across illuminates commonalities between Global North South inform our seemingly disparate fact coaxial, basis building global solidarity.