Quantum ZKPs and digital inequality: Rethinking privacy governance in the post-quantum era

Abstract

This paper assesses the adequacy of technology-neutral privacy frameworks in addressing quantum threats to zero-knowledge proofs (ZKPs) and other privacy-enhancing technologies (PETs) in global data protection regimes. Challenging assumptions that cryptographic innovation inherently bolsters privacy rights, the analysis demonstrates how post-quantum migration, absent binding regulatory duties, risks entrenching a ‘quantum divide’ in access and liability. Grounded in legal frameworks and actual deployments, including Zcash’s classical Zero-Knowledge Succinct Non-Interactive Arguments of Knowledge (ZK-SNARKs) and NantHealth Inc.’s quantum-aware homomorphic encryption systems, the paper contends that access to PETs is becoming ever more determined by institutional capability and geopolitical factors, as illustrated by comparative case studies. This research evaluates the efficacy of statutes such as the European Union’s (EU) General Data Protection Regulation (GDPR) (Article 32), the California Consumer Privacy Act (CCPA) (§ 1798.150), and the Health Insurance Portability and Accountability Act (HIPAA) (45 C.F.R. § 164.308) in imposing liability for quantum vulnerable systems, using the cases to illustrate gaps in mandating equitable post-quantum migration. The conclusion reflects upon legal gaps enabling unequal protections, advocating reforms including mandatory quantum risk assessments. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.