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Data Protection And National Security: The New Age Warfare




Earika Chib, PhD. Research Scholar (Law), Department of Law, University of Jammu


ABSTRACT


Concerns about national security and personal privacy are almost inextricably linked. Individual privacy and cross-border transfer of personal data are as critical as safeguarding physical borders between states. The present world is characterized by a nexus between AI, IT, and cyber warfare in terms of overall privacy. Currently, European legislation such as the General Data Protection Regulation are highly stringent in terms of personal data privacy. Many countries used General Data Protection Regulations along with its upgraded versions as a roadmap for developing their own personal data protection regulations. India also underlined the relevance of personal data privacy concerns and the necessity for their protection, leading in the enactment of the Personal Data Protection Act, 2023 and subsequently its supporting rules. The evolving needs of technology necessitate the classification of various forms of data, its management, data fiduciaries, data protection boards and officers, as well as proper checks and implementation of their powers and functions. If the privacy of individuals and nations as a whole is not updated timely to meet the changing needs of the time, it may lead to cyberwarfare in the form of scams such as stock manipulation in stock exchange markets, ownership claim conflicts, data misappropriation, and eventually harm the economies of nations. Individual personal information is a lethal weapon in the hands of any adversary nation. In fact, there are numerous notable occurrences that clearly demonstrate the inappropriate and misinformed recording, storage, management, and use of such personal data by various international corporations and firms. The government must establish stringent legislation and control systems that must be strictly followed by multinational corporations that act as data stewards. Such concerns must be addressed not only on the surface, such as during company formation, but also at the root level i.e. during company operations and management. Timely changing privacy and data protection legislation is necessary to keep up with the changing needs of the times. India has taken significant steps in this field but there are more such initiatives required to keep its technology and other laws up to the mark with the ongoing legislative trends in the national and international markets. Many inspirations can be derived and even adopted from various legislations of nations across the world, who are marking significant actions in this sector.


Keywords: Cyberwarfare, data fiduciaries, individual privacy, national security, personal data.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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