Author
Assoc Prof Dr Gagandeep Kaur
Organisation/Institution
University of Petroleum & Energy Studies [UPES]
Country
INDIA
Panel
Information Technology Law
Title
Demystifying the Missing Architecture of Accountability
Abstract
Demystifying the Missing Architecture of Accountability: Regulating Cross-Border AI-Enabled Surveillance and Data Governance in Asia ABSTRACT In Asia, an “architecture of accountability” for AI-enabled surveillance and cross-border data flows remains conspicuously absent despite the rapid proliferation of these technologies. This paper addresses that regulatory void through a comparative legal analysis of India, China, and Singapore, examining how each jurisdiction’s laws govern AI-driven surveillance and transnational data flows. Employing a doctrinal approach, it scrutinizes key statutory frameworks in each country. The analysis spans India’s emerging personal data protection regime and colonial-era surveillance laws, China’s expansive cybersecurity, data security, and personal information statutes, and Singapore’s Personal Data Protection Act alongside its voluntary AI governance initiatives, to identify jurisdiction-specific challenges and accountability gaps. The findings reveal a patchwork of divergent national approaches with common shortcomings. India’s framework remains fragmented and outdated, lacking robust oversight despite new data protection legislation; China’s state-centric regime exemplified by the Cybersecurity Law, Data Security Law, and Personal Information Protection Law that prioritizes national security often at the expense of individual privacy; and Singapore’s model, built on the Personal Data Protection Act and voluntary AI governance guidelines, emphasizes innovation yet offers limited solutions for cross-border accountability. Crucially, no pan-Asian legal framework exists (like European Union’s General Data Protection Regulation) to harmonize standards or ensure accountability across borders, resulting in a regional governance vacuum. To fill this void, the paper proposes establishing a regional legal architecture grounded in principles of transparency, proportionality, and rights-based governance. By embedding these principles, such an architecture would harmonize standards, facilitate accountable AI surveillance practices, and safeguard fundamental rights while enabling cross-border data cooperation. The study concludes that forging this regional accountability mechanism is essential for the sustainable and just integration of AI technologies in Asia. Keywords: AI surveillance; cross-border data governance; accountability; comparative law; Asia; transparency; proportionality
Biography
Dr. Gagandeep Kaur is LL.B. (Gold Medalist), LL.M. (Gold Medalist) & Ph.D. in Law with distinguished expertise in Cyber Laws, Information Technology Laws, Cyber Crimes & Data protection Laws. She has more than 16 years of teaching and research experience in prestigious Universities and is presently associated with the School of Law, UPES [University of Petroleum and Energy Studies] Dehradun as Senior Associate Professor in Law. She has authored eight books and she is also the editor of several books She has published over 125 articles in peer-reviewed, UGC-Care, SCOPUS Indexed & Web of Science Journals. She has published several book chapters with Springer, Wiley, Palgrave Macmillan, Apple Academic Press & CRC Press. She has presented over 120 research papers at national and international conferences. She has been speaker in International Conferences at Lancaster University, U.K., University of Edingurgh, U.K., RITS Dubai, University of Maribor, University of Tartu Estonia and University of Gdańsk, Poland. She has judged several competitions on Moot Court, Trial Advocacy, and Mediation and chaired technical Sessions in Conferences across India. She has been invited as a resource person and a professional speaker in various Workshops and FDPs. She was awarded ‘University Scholarship Holder’ during her LL.B. & LL.M. at Guru Nanak Dev University Amritsar. She was awarded ‘Best Faculty Coordinator in University Fest’ at Law College Dehradun, Uttaranchal University in 2016. She was awarded the ‘Best Faculty Award’ in the College of Legal Studies, at the University of Petroleum & Energy Studies in 2017. She was honoured with the ‘Research Excellence Award’ at the University of Petroleum & Energy Studies, Dehradun in 2023, 2024 & 2025 at UPES in one of the most celebrated and most awaited annual events at UPES populaised as “Manthan” [The Award Night]. She is honored with the 'Lady of Legacy Award 2024' by Fusion Phoenix in 2024 at Dehradun & recepient of ‘Uttrakand Rattan’ Award in 2025.
