Sovereignty Vs Privacy: Navigating The Digital Divide

Abstract

In the digital age, the tension between national sovereignty and individual privacy rights has emerged as one of the most pressing legal and ethical challenges facing governments, corporations, and citizens worldwide. As data transcends geographical boundaries with unprecedented ease, nations assert control over digital infrastructure and information flows to protect their sovereignty, security, and economic interests. Simultaneously, international frameworks like the General Data Protection Regulation (GDPR) and laws such as the U.S. CLOUD Act reflect divergent approaches to balancing state authority with privacy rights. This article examines the fundamental conflict between data sovereignty and individual privacy, exploring how different jurisdictions navigate this complex landscape through regulatory frameworks, legal precedents, and enforcement mechanisms. By analyzing key legislations including India's Digital Personal Data Protection Act 2023, the EU's GDPR, and the U.S. CLOUD Act, this article illuminates the challenges of harmonizing global data governance while respecting both sovereign prerogatives and fundamental privacy rights.