Regulating Artificial Intelligence: Challenges for Data Protection and Privacy in Developing Nations

Abstract

The rapid integration of artificial intelligence (AI) technologies in developing nations presents both opportunities for progress and significant challenges, particularly in the realms of data protection and privacy. This research examines the complex legal and institutional obstacles these countries face in regulating AI, with a focus on the lack of comprehensive data governance frameworks, weak enforcement mechanisms, and technological dependence on foreign-developed systems. The purpose of this study is to critically analyze the current regulatory landscape in developing nations, assess gaps in existing data protection laws, and explore the implications of AI deployment in low-capacity environments. Employing a qualitative legal research methodology, the study reviews relevant domestic legislation, soft law instruments, and international best practices. The findings reveal that developing nations often lack the institutional capacity and normative clarity required to regulate AI effectively, which exacerbates risks of surveillance, discrimination, and rights violations. The paper proposes a rights-based, context-specific regulatory approach, emphasizing legal reform, capacity building, and inclusive policymaking. Ultimately, this study highlights the urgent need for coherent AI governance strategies that prioritize human dignity and digital rights in the Global South. The rapid advancement of AI has raised profound legal and ethical concerns regarding data protection and privacy, particularly in developing nations. This paper examines the core regulatory challenges these countries face in safeguarding personal data and ensuring privacy amidst increasing AI adoption. By analyzing the intersection of AI technologies with existing legal infrastructures, the study highlights institutional, normative, and infrastructural deficits that inhibit effective regulation. It proposes a multi-tiered legal reform approach tailored to the needs and capacities of developing nations, aiming to balance innovation with rights protection.