International Journal of Human Rights Law Review

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 2583-7095

Artificial Intelligence, Surveillance and Transnational Regulation: Towards a Global Framework for Digital Accountability

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Atul Babu, & Johns V James (2026). Artificial Intelligence, Surveillance and Transnational Regulation: Towards a Global Framework for Digital Accountability. International Journal of Human Rights Law Review, 5(4). Retrieved from https://ijhrlr.in/journal/artificial-intelligence-surveillance-and-transnational-regulation-towards-a-global-framework-for-digital-accountability/

Abstract

Artificial intelligence has quietly become a central tool in modern surveillance. From facial recognition systems in public spaces to algorithmic monitoring of online behaviour, AI-driven surveillance now functions across borders, often without clear legal limits. While states justify such technologies in the name of security, efficiency, or governance, their use increasingly affects privacy, autonomy, and basic civil liberties at a global level. Existing legal frameworks, which are largely domestic and territorial in nature, struggle to regulate surveillance practices that are inherently transnational. This paper examines how AI-enabled surveillance exposes serious regulatory and accountability gaps when data, algorithms, and decision-making processes move across jurisdictions. It argues that fragmented national laws allow both state authorities and private technology companies to evade responsibility through jurisdictional ambiguity. Current international standards and soft-law instruments offer guidance but lack binding force and effective enforcement, leaving individuals with limited remedies against cross-border surveillance harms. Using a doctrinal and comparative legal approach, the study analyses emerging regulatory responses to AI surveillance and highlights their limitations when applied in isolation. The paper contends that meaningful accountability cannot be achieved through domestic regulation alone and calls for a coordinated global framework grounded in legal responsibility rather than technological optimism. By proposing foundational principles such as transparency, proportionality, human oversight, and cross-border cooperation, the paper seeks to reframe AI surveillance as a matter of legal accountability rather than technical governance. Ultimately, the study emphasises the need for transnational legal solutions to ensure that the expansion of AI surveillance does not come at the cost of fundamental rights.

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International Journal of Human Rights Law Review
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2583-7095
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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJHRLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJHRLR.

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