Navigating the Collingridge Dilemma in Data Governance

As technology evolves at an unparalleled pace, organisations face a significant challenge: how to govern data effectively in a landscape where technology often outpaces regulatory frameworks. This phenomenon, known as the Collingridge Dilemma, highlights the complexities of regulating new technologies and their implications for data governance.?

There are two stages in this dilemma: the early stage, where lawmakers grapple with understanding the privacy, security, and ethical implications of a technology to formulate effective laws, and the established stage, where the industry resists regulation that may disrupt their established practices. This tension creates a gap where innovative technologies can operate without sufficient oversight, leading to potential misuse and ethical dilemmas.?

So, at what stage should organisations begin taking technology governance seriously? The answer is obvious: almost as soon as an emerging technology is taken seriously. Delaying governance until after a technology is widely regulated by the law can result in significant business disruption. Data governance in India is a cautionary tale for every emerging technology in the industry.??

The emergence of the internet in the 1990s marked a significant shift in data collection, processing, and analytics. Within just a decade, data had become firmly established as an asset for businesses, yet there was minimal regulation in place to protect personal data. It wasn't until two decades later that comprehensive data protection laws began to emerge, highlighting the growing need for governance in an increasingly data-driven world.?

Many Indian organisations are currently challenged in implementing regulatory requirements under the Digital Personal Data Protection Act (DPDPA), General Data Protection Regulation (GDPR), and Health Insurance Portability and Accountability Act (HIPAA) well after establishing personal data as an asset. Initially focused on data as an asset, data protection was overlooked. As stringent laws emerged, organisations’ resistance turned into compliance.??

A proactive approach to address the Collingridge Dilemma is to embed ethics within technologies used. This means integrating ethical considerations into the design, development, and deployment of technologies from the outset. By prioritising ethics, organisations can create a robust framework that not only anticipates regulatory compliance but also fosters a culture of responsibility and accountability, the right way to outsmart penalties.?

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