PENA LAW: International Journal of Law
Vol. 4 No. 1 (2026): May

Balancing Privacy and Digital Security: A Transnational Approach to International Data Protection Law: Balancing Privacy and Digital Security: A Transnational Approach to International Data Protection Law

Riko Nugraha (Doctor of Law Studies Program, Postgraduate Program - Jayabaya University, Indonesia)
Yuhelson Yuhelson (Doctor of Law Studies Program, Postgraduate Program - Jayabaya University, Indonesia)
Tubagus Achmad Doradjat (Rajamangala University Of Technology Krungthep, Thailand)



Article Info

Publish Date
12 May 2026

Abstract

The growing tension between privacy rights and national security interests in the digital age points to a normative crisis in global data governance. While the European Union has adopted a rights-based approach such as the General Data Protection Regulation, many other jurisdictions have instead adopted sectoral or security-based models that widen international legal fragmentation. This article analyzes how transnational legal instruments—particularly Convention 108+, the APEC CBPR system, and OECD guidelines—can serve as a normative bridge in reconciling these differing regimes. Using a comparative-normative legal research method, this study proposes the concept of “digital precautionary principles” as a new paradigm for balancing individual privacy with legitimate security needs. The research highlights the limitations of soft law in ensuring cross-border accountability and emphasizes the importance of a principle-based harmonization approach. Conceptually, this article expands the normative framework in transnational data protection law and practically provides policy guidance for developing countries in building fair and adaptive legal infrastructure for data protection. In the midst of increasingly intensive global interconnectedness, privacy protection that does not sacrifice collective security can only be achieved through anticipatory, interoperable, and rights-based global norms.

Copyrights © 2026






Journal Info

Abbrev

PENALAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

PENA LAW: International Journal of Law publishes original research papers at the forefront of law. Topics that are published and emphasized in this journal include: International law, constitutional and administrative law, criminal law, contract law, tort law, property law, civil law, general and ...