International Investment Law for Data Security

This article examines sovereign States’ three approaches to data security: data storage, data disclosure, and the ban on data-based applications. It investigates whether these three approaches comply with the principles of international investment law. It also analyses possible defenses for State parties to adopt its approaches by taking examples: the Indian government banning the operation of China-based Applications, and the forced but failed sale of TikTok under governmental pressure from the United States. Importantly, this article reflects whether the international investment legal regime can appropriately address the issue of data security. Reflecting the combined nature of data, it proposes an alternative approach—a holistic approach—to data security.