The concept of data justice has been used to denote a shift in understanding of what is at stake with datafication beyond digital rights. This essay speaks to different interpretations of the substance of data justice (ontology), who it applies to (scope), and how it should be upheld (procedure).
Drawing from science and technology studies (STS) and a feminist law critique, this article argues that procedural law is insufficient when addressing algorithmic discrimination and that ex ante protection may be a better way forward.