Data Dharma Dilemmas: Cross-Border AI Flows And DPDP’s Ethical Enforcement Quagmire
- IJLLR Journal
- Dec 22, 2025
- 1 min read
Adv. Gagandeep Kaur completed a Bachelor of Arts and Bachelor of Laws (B.A.LL.B) from Guru Ghasidas University, Koni (Bilaspur) and a Master of Laws (LL.M.) from Amity University, Raipur. She is qualified in both NET and CG-SET examinations and is currently practicing as an advocate.
Adv. Vijayant Patel completed a Bachelor of Commerce and Bachelor of Laws (B.Com LL.B.) from Guru Ghasidas University, Bilaspur, Chhattisgarh, and a Master of Laws (LL.M.) from Dr. C.V. Raman University, Kota, Bilaspur, Chhattisgarh.
ABSTRACT
This paper examines the ethical and regulatory challenges facing India’s Digital Personal Data Protection Act (DPDP) in the context of cross-border artificial intelligence (AI) data flows. As AI systems increasingly depend on international data exchange, the enforcement of robust data protection frameworks becomes both complex and critical. The concept of “Data Dharma” guides this study’s ethical inquiry, focusing on balancing innovation, privacy, and accountability across jurisdictions. Through comparative analysis of the DPDP and global standards like GDPR, the research highlights jurisdictional gaps, enforcement difficulties, and ambiguities in cross-border compliance. It investigates how ethical dilemmas arise from conflicting priorities of digital sovereignty, data localization, and global interoperability. Case studies illustrate both regulatory successes and persistent challenges in ethical AI data governance. The findings underscore the need for multilateral cooperation and more nuanced legal frameworks to harmonize technological progress with individual rights, ultimately advocating for ethical, interoperable data ecosystems in India.
Keywords: Digital Personal Data Protection Act (DPDP), Cross-Border Data Flows, Artificial Intelligence (AI) Governance, Data Dharma (Data Ethics), Data Privacy and Security, Data Sovereignty, Data Localization, Ethical Enforcement Challenges, Global Data Protection Regulations (GDPR, CCPA, PIPL), Jurisdictional Issues in Data Law, Data Fiduciaries and Processors.
