RESARCH PAPER ON GLOBALISATION IS A THREAT TO DATA PRIVACY

AUTHOR – NAINSI JAISWAL* & PROF. TAPAN CHANDOLA**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – NAINSI JAISWAL & PROF. TAPAN CHANDOLA, RESARCH PAPER ON GLOBALISATION IS A THREAT TO DATA PRIVACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 660-671, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The structural threat of individual data privacy posed by globalization Due to the promotion of digital technology.and the movement of data across various national boundaries is one that requires strict academic consideration. This paper argues that the structural design of globalization systematically has undermined privacy protection in three intersecting processes. To begin with, the economic paradigm of surveillance capitalism that transnational businesses follow views personal information as a raw material that creates an imbalance of power, which essentially negates the informed user consent. Secondly, the fragmentation of national regulating systems promotes arbitrage of jurisdiction, in which actors take advantage of the differences in laws by using jurisdictions with less stringent protective laws, thus creating a regulatory race to the bottom. Thirdly, the incompatibility of the borderless character of data with the concepts of territorial data sovereignty leads to disjunctive implementation and a legal ambiguity that follows. This paper has identified that the European Union, in its GDPR policy and India, in its Digital Personal Data Protection Act (2023) policy are all necessary, but are still reactive and geographically delimited, thus failing to curtail the pervasive role played by globalized data processing. Finally, privacy must be preserved, which means that the paradigm shift is a better global collaboration, the unification of international standards, and providing corporations with strong accountability measures, which will result in the benefits of a connected world not being at the expense of fundamental human rights.

Keywords: Globalization, Data Privacy, Surveillance capitalism, Jurisdictional Arbitrage, Data Sovereignty, GDPR.