Ringfencing data?—Perspectives on sovereignty and localisation from India

Garimella, Sai Ramani; B., Parthiban

Abstract

Governance of data, essentially a free-flowing product of the industrial (technology-driven) revolution 4.0, has been the subject of much discussion and policy action among States. Such governance, however, has presented questions turning the traditional understanding of the right to regulate, which is based on the geographic location, heads down, given that the task of establishing the location of the data and thereby its linkages with a specific territory is involuted and arduous. On the other hand, concerns remain about the privacy-related issues of the data, either located or handled overseas, thereby presenting difficulties in access and administration of data. This research addresses the model of governance of data via the path of data sovereignty and, therefore, insistence on data localization. It further presents the law in India, sparse as it is, through the lens of jurisprudence and law reform efforts, wherein the eagerness to ringfence the data is evident, even in disregard of the contractual obligations.

• Online Publication Date: Feb 23, 2022
• Publication Date: 2022
• Deposit Date: Dec 6, 2022
• Publicly Available Date: Feb 24, 2024
• Publisher: Springer
• Pages: 261-281
• Book Title: Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still?
• Chapter Number: 14
• ISBN: 9789811684791
• DOI: https://doi.org/10.1007/978-981-16-8480-7_14
• Keywords: Cyberspace, Data governance, Jurisdiction, Conflict of laws, Territorialisation, Data localisation, Data protection
• Public URL: https://uwe-repository.worktribe.com/output/10223930
• Publisher URL: https://link.springer.com/chapter/10.1007/978-981-16-8480-7_14
• Related Public URLs: https://link.springer.com/book/10.1007/978-981-16-8480-7