The
fast development of the Internet of Things (IoT) has transformed the current
digital ecosystems because this phenomenon allows connecting devices, sensors,
and embedded systems in a seamless way. Nevertheless, such an unprecedented
growth has brought forth serious legal, ethical and regulatory issues. The
study looks at the legal constraints of IoT, comparatively in both India and
the United States, and some of the aspects addressed in the context of data
protection, privacy, cybersecurity, profiling, surveillance, and cross-border
data governance.
The
legislature in India is based on the Information Technology Act, 2000, and the
Digital Personal Data Protection Act, 2023, yet both frameworks do not provide
any obligations to the IoT sector, interoperability standards, or sector-wide
protection against automated decision-making and profiling. The sectoral
regulations, e.g., the M2M guide lines of TRAI, Smart Cities Mission
strategies, and regulations of health-tech, are disjointed and ineffective.
The
US, conversely, does not enforce a federal statute on data privacy, and instead
falls upon a network of sectoral laws, including the FTC Act, the HIPAA, the
COPPA, the GLBA, and state legislation like the California Consumer Privacy Act
(CCPA) and the California IoT Security Law. This creates a problem of unequal
protection of regulations within industries and jurisdictions even though some
states have more robust security requirements and protection on privacy.
The
comparative analysis shows that India enjoys the advantages of a single
national privacy law, but its enforcement measures and recommendations
regarding the IoT are not yet well-developed. In the meantime, the U.S. is more
mature in the device-level standard of security but does not have consistent national
regulations on the data practice, profiling, and cross-device surveillance. The
paper concludes by stating that regulatory gaps in both countries are huge and
there should be unified IoT governance systems, obligated security measures,
and enhanced tools of accountability to mitigate the new threats in a more
globalized world.
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