Crossing Boundaries: The Impact of International Data Transfer Regulations on POCSO Enforcement and Global Child Privacy Safeguards

DOI

10.2991/978-2-38476-426-6_4How to use a DOI?

Keywords

International Data Transfer; POCSO Enforcement; Child Privacy Protection; Cross-Border Regulations; Global Cooperation

Abstract

In this contemporary digital era, the implementation of child protection legislation, such as the Protection of Children from Sexual Offences (POCSO) Act, is confronted with major challenges on account of the transnational nature of data. Sensitive data pertaining to an investigation is usually stored in various jurisdictions, governed by varying sets of regulatory frameworks, including the General Data Protection Regulation (GDPR) and the U.S. CLOUD Act. While these legislations prioritize privacy, these may impede the timely exchange of data essential to prosecuting child crimes. The central research objective of the research paper is to investigate whether the international data transfer laws hinder the application of POCSO Act and suggest ways to boost international cooperation and hence thereby enhance child privacy protection in the digital universe.

Employing a doctrinal research methodology, this paper examines critically the intersection between cross-border data transfer legislation and child protection. It evaluates several legal models, including Mutual Legal Assistance Treaties (MLATs) and the Budapest Convention, as well as case studies illustrating the plight of law enforcement in a variety of different jurisdictions. The study also examines the potential for new technologies, such as privacy-preserving technology, to facilitate greater mitigation of legal barriers to international cooperation. This research is crucial as it emphasizes urgent barriers in prosecuting child-related crime across borders. The time lag in obtaining key information not only inhibits the pursuit of justice but also jeopardizes the security and privacy of victims. The findings require the adoption of consistent global norms for the regulation of data transfers that are capable of reconciling privacy interests with the need to protect children. The paper provides several steps to enhance international cooperation, including fortifying bilateral treaties, harmonizing privacy legislation, and using technology to fill gaps in the law. By articulating these proposals, this research makes an original contribution to the debate on child protection, privacy, and international cooperation and provides practical advice for policymakers, law enforcement agencies, and technology companies.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Meha Bhushan
PY  - 2025
DA  - 2025/06/06
TI  - Crossing Boundaries: The Impact of International Data Transfer Regulations on POCSO Enforcement and Global Child Privacy Safeguards
BT  - Proceedings of the National Seminar on Enhancing Privacy Protection in the Digital Age: Legal Challenges & Innovations (NSEPPDA 2025)
PB  - Atlantis Press
SP  - 40
EP  - 55
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-426-6_4
DO  - 10.2991/978-2-38476-426-6_4
ID  - Bhushan2025
ER  -