Reconciling Personal Data Protection with Public Security Interests: Legal and Ethical Challenges in the Age of Surveillance

Abstract

The exponential growth of digital technology has introduced a critical and complex conflict between the state’s compelling interest in maintaining public security and the fundamental right of individuals to the protection of their personal data and privacy. In an age characterized by mass digital surveillance and the weaponiation of personal data for malicious ends—such as targeted disinformation, terrorism, and political psyops—governments face the challenge of implementing effective security measures without infringing upon civil liberties. This article addresses this tension by examining the legal and ethical challenges inherent in balancing these two competing values. It explores the complexities of implementing public security measures that necessitate the collection and analysis of large datasets while simultaneously respecting individuals' privacy rights. Furthermore, the analysis critically evaluates existing legal provisions within US law intended to reconcile these interests, identifying key gaps and limitations. The article concludes that the collision between public security and privacy is inevitable but manageable. Consistent reconciliation requires continuously updated legal and regulatory guidelines that define clear scopes for data collection, mandate stringent transparency and accountability measures, and enforce the principles of necessity and proportionality. To bridge the identified legal gaps and adapt to accelerating advancements such as AI-driven surveillance, the article recommends the establishment of a dedicated multi-stakeholder oversight body to conduct independent compliance audits and proactively propose legislative amendments.

Keywords: Personal Data Protection, Public Security, Surveillance Law, Privacy Rights, Ethical Challenges, Necessity and Proportionality, Data Governance.

DOI: 10.7176/JLPG/149-14

Publication date: December 28^th 2025