SECURING BORDERS IN CYBERSPACE: QUEST FOR DATA SOVEREIGNTY AMIDST GLOBAL TRADE, HUMAN RIGHTS AND CROSS-BORDER PRIVACY CONCERN

Povzetek

In a rapidly changing world where actions and movements are influenced by digital interdependence, the 'national' sovereignty has changed from a physical view of borders to that of control over data generated, stored, and utilized in a national territory. India, as an emerging digital power, is in the position of championing sovereign data rights while also complying with transnational trade rules that call for the free flow of data in and out of borders. This paper reviews India's emerging position defending its digital borders, as it supports the localized governance of data, creates an integrated body of laws, and influences statements by the public sector. It makes clear the country is driven by national security interests, economic independence, citizens' informational privacy, and how it manages these tensions while complying with the conditions of international trade and multilateral digital partnerships. It is an exploration of the tensions between domestic policy agendas and external economic imperatives, and places India's assertions of data sovereignty into a larger global context. Through the analysis of strategic documents, recently passed legislation like the Digital Personal Data Protection Act, and India's representations in international fora, this study defines both the possibilities and challenges for India to fulfil its digital sovereignty ambitions. In closing, we offer suggestions on how India can build its sovereign digital future while its responsibilities to international data interoperability and global connectivity shown using a combination of different opportunities, without compromising its flexible, strategic data rights.