Data Warfare and Creating a Global Legal and Regulatory Landscape: Challenges and Solutions

Abstract

The world is witnessing an increase in cross-border data transfers and breaches orchestrated by State and non-State actors. Cross-border data transfers may lead to friction among States to localize or globalize data and to provide regulatory frameworks. "Data warfare"or information-war operations are often not covered under conventional rules; however, they are categorized as acts of espionage and subject to domestic regulations. As such, the operations are used to achieve a variety of objectives, including stealing sensitive information, spreading propaganda, and causing economic damage. Notable instances of the theft of sensitive information include the recent Bangladesh government website breach, exposing 50 million records, and the Unique Identification Authority of India (UIDAI) website hack. Regulating the "data war"under the existing principles of international law may be unsuccessful in creating robust international legal frameworks to address the associated challenges. These developments further accentuate the global divide between data-rich regions in the Global North, with strong data protection mechanisms (such as the GDPR and the California Privacy Rights Act), and regions in the Global South, where there is a lack of comprehensive data protection laws and regulatory regimes. This disparity underscores the urgent need for global cooperation for substantial international regulatory mechanisms. This article examines the complexities surrounding data warfare; it highlights the imperative need for establishing a robust global legal framework for data protection, delving into the concept of data war. It also acknowledges the growing influence of advanced technologies like data computing and mining and their ongoing threats to the fundamental rights of individuals associated with exposed personal data. The authors address the deficiencies in international legal provisions and advocate for a global regulatory approach to data protection as a critical means of safeguarding personal freedoms and countering the escalating threats in the digital age. © The Author(s), 2024.