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Philosophy & Ethics

Beyond Consent: Reclaiming the Digital Subject in the Age of Surveillance Capitalism

Tamunosiki Markson — University of Port Harcourt

Published June 2026 · Vol. 32, No. 1 (2026)
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Abstract

This paper posits that the prevailing "notice and consent" framework governing data privacy represents a fundamental ethical collapse, primarily because it reduces the concept of human autonomy to a mere bureaucratic checklist rather than upholding it as a substantive, inalienable right. By utilising the philosophical lens of Immanuel Kant’s Formula of Humanity, the author argues that contemporary digital ecosystems transgress the categorical imperative by utilising users simply as instruments to achieve the goal of data mining. The examination leans heavily on Shoshana Zuboff’s notion of "behavioural surplus," demonstrating how the covert harvesting of human life experiences to generate prediction products essentially destroys the user's ability to engage in self-legislation. To ground this theoretical critique in the material reality of the Global South, the paper analyses two contemporary case studies: the biometric data collection practices of Worldcoin and the "debt shaming" algorithms of Nigerian digital lenders. The paper concludes that adopting a deontological perspective necessitates the prohibition of specific exploitative data practices, arguing that privacy is not merely a right to be waived, but a moral duty to the self.

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