Abstract
We are living in a world where information systems are becoming a new weapon to control the future. When the data flows across national borders, it becomes an invaluable resource for economic and informational development in any nation. Today, cross-border data flows are an important component of international trade because companies are frequently transfer customer’s and employee’s data across different countries. This paper will examine the importance of the free flow of cross-border data and its privacy concerns. It also examines the failure of the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, to provide protection from cross-border data transfer; specifically, the Digital Personal Data Protection Act, 2023, is silent on the criteria of listing countries for data transfer and the processing of personal data of those data principals who are living outside India. Some countries have implemented laws pertaining to “data localization” as a means to restrict the movement of data outside their respective borders, but it affects international trade and development. So, it raises a question: What kind of and how much data do nations have to restrict for cross-border data transfer internationally? This paper analyse the General Data Protection Regulation of the European Union, the Cross-Border Privacy Rules of the Asia-Pacific Economic Cooperation of the United States, and the Privacy Shield Framework between the EU and the US. In the end this paper concludes with suggestions for the privacy of cross-border data and the need of uniform law for its worldwide applicability.
Published Version
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