Legal foundations and future directions of AI-enabled cybersecurity: a cross-jurisdictional analysis

Abstract

In the contemporary global context, Information and Communication Technologies (ICTs) present multifaceted challenges, particularly in maintaining an appropriate balance between national security requirements and the protection of individual privacy. The rapid advancement of technology has led to an increase in cyber threats, necessitating closer collaboration between the public and private sectors. However, such collaboration often blurs the boundaries between security imperatives and individual privacy rights. This study examines the implications of this balance and assesses whether existing regulations adequately protect individuals’ privacy. The right to privacy is universally safeguarded by ethical norms and legal frameworks. Instruments such as the United States Constitution and the General Data Protection Regulation (GDPR) provide protection against unlawful searches, seizures and the misuse of personal data. Despite these safeguards, information sharing between public institutions and private entities may undermine privacy rights if appropriate accountability mechanisms are not in place. Navigating this complex terrain requires approaches that enable data collection and cybersecurity cooperation without violating individual privacy. Technological innovations, including artificial intelligence (AI) and zero-knowledge proof authentication systems, offer potential solutions by limiting unauthorized access to personal data. This paper argues that reconciling cybersecurity imperatives with the protection of individual rights requires continuous recalibration of legal and ethical boundaries. While data sharing within and across private industries can strengthen defenses against cyber threats, such practices must be carefully evaluated to prevent privacy violations. Achieving this balance ultimately depends on enhanced transparency and accountability.