Balancing National Security and Individual Rights: A Comparative Study of Data Privacy Laws

This dissertation analyzes the legal, political, and technological conflicts between national security requirements and the safeguarding of individual data privacy in five jurisdictions: the European Union, the United States, the United Kingdom, China, and India. This study employs doctrinal analysis, case studies, and comparative institutional evaluation to assess how legal frameworks balance state security functions (surveillance, law enforcement, and intelligence) against privacy rights (including permission, data minimization, access, and redress). The research delineates prevalent design patterns and variations, contextualizes them within the constitutional and political frameworks of each jurisdiction, and presents a series of normative and practical proposals for legal reform and governance. The primary contribution is a calibrated framework-the Security-Privacy Balancing Matrix (SPBM)-designed for policymakers and scholars to evaluate the appropriateness and accountability of data-access methods employed for national security purposes.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-09-12
DOI
https://doi.org/10.5281/zenodo.17102884
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
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article

Balancing National Security and Individual Rights: A Comparative Study of Data Privacy Laws

Zenodo (CERN European Organization for Nuclear Research)
Geochemistry and Geologic Mapping
article

Balancing National Security and Individual Rights: A Comparative Study of Data Privacy Laws

article en

Abstract

This dissertation analyzes the legal, political, and technological conflicts between national security requirements and the safeguarding of individual data privacy in five jurisdictions: the European Union, the United States, the United Kingdom, China, and India. This study employs doctrinal analysis, case studies, and comparative institutional evaluation to assess how legal frameworks balance state security functions (surveillance, law enforcement, and intelligence) against privacy rights (including permission, data minimization, access, and redress). The research delineates prevalent design patterns and variations, contextualizes them within the constitutional and political frameworks of each jurisdiction, and presents a series of normative and practical proposals for legal reform and governance. The primary contribution is a calibrated framework-the Security-Privacy Balancing Matrix (SPBM)-designed for policymakers and scholars to evaluate the appropriateness and accountability of data-access methods employed for national security purposes.

Zenodo (CERN European Organization for Nuclear Research)
Leading University (BD), Legal Aid New South Wales (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 46%
Geochemistry and Geologic Mapping
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Balancing National Security and Individual Rights: A Comparative Study of Data Privacy Laws · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS