Decentralizing Digital Governance: A Framework for an Independent Data and AI Authority under the Judiciary in Emerging Economies

Abstract
As Bangladesh undergoes a rapid digital transformation, the concentration of citizen data and AI oversight within administrative and law enforcement frameworks has raised significant concerns regarding data sovereignty, privacy, and ethical governance. This paper proposes a novel institutional reform: the establishment of an Independent Data and AI Authority (IDAA) under the oversight of the Supreme Court of Bangladesh.
Key Research Highlights
Full research details and analytical frameworks can be found in the complete paper. This research examines the critical intersections of technology, policy, and governance within the emerging digital landscape of Bangladesh.
Methodology & Framework
As Bangladesh undergoes a rapid digital transformation, the concentration of citizen data and AI oversight within administrative and law enforcement frameworks has raised significant concerns regarding data sovereignty, privacy, and ethical governance. This paper proposes a novel institutional reform: the establishment of an Independent Data and AI Authority (IDAA) as a constitutional body under the oversight of the Supreme Court of Bangladesh. Unlike traditional models where data governance is managed by ministry-led agencies, this framework ensures the independence of the national digital architecture from governmental, administrative, and political interference. The study explores how this authority can implement the UNESCO AI Readiness Assessment Methodology (AI RAM) and govern Digital Public Infrastructure (DPI) while ensuring algorithmic accountability. Through a comparative analysis of existing digital laws and international best practices-including Estonia's X-Road infrastructure, the EU General Data Protection Regulation (GDPR), and Singapore's Model AI Governance Framework-the paper argues that judicial oversight is essential for fostering public trust and securing sustainable economic growth in a digital-first economy. Projections indicate that a well-governed IDAA could catalyze USD 4.7 billion in incremental FDI and expand Bangladesh's digital economy from USD 2.1 billion to USD 8.1 billion by 2032.