Quantum ZKPs and digital inequality: Rethinking privacy governance in the post-quantum era
Abstract
This paper assesses the adequacy of technology-neutral privacy frameworks in addressing quantum threats to zero-knowledge proofs (ZKPs) and other privacy-enhancing technologies (PETs) in global data protection regimes. Challenging assumptions that cryptographic innovation inherently bolsters privacy rights, the analysis demonstrates how post-quantum migration, absent binding regulatory duties, risks entrenching a ‘quantum divide’ in access and liability. Grounded in legal frameworks and actual deployments, including Zcash’s classical Zero-Knowledge Succinct Non-Interactive Arguments of Knowledge (ZK-SNARKs) and NantHealth Inc.’s quantum-aware homomorphic encryption systems, the paper contends that access to PETs is becoming ever more determined by institutional capability and geopolitical factors, as illustrated by comparative case studies. This research evaluates the efficacy of statutes such as the European Union’s (EU) General Data Protection Regulation (GDPR) (Article 32), the California Consumer Privacy Act (CCPA) (§ 1798.150), and the Health Insurance Portability and Accountability Act (HIPAA) (45 C.F.R. § 164.308) in imposing liability for quantum vulnerable systems, using the cases to illustrate gaps in mandating equitable post-quantum migration. The conclusion reflects upon legal gaps enabling unequal protections, advocating reforms including mandatory quantum risk assessments. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
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Author's Biography
Dr Varda Mone is a distinguished academic specialising in the fields of privacy and data protection, law and technology, cyber law, statutory interpretation, and legal research methodologies. She currently serves as a faculty member, where she imparts advanced instruction in these critical areas of contemporary legal scholarship. In recognition of her scholarly excellence, she was awarded the prestigious Van Calker Fellowship at the Swiss Institute of Comparative Law in 2024. She also held the position of Visiting Fellow at Tashkent State University of Law, Uzbekistan, during the academic year 2022–23. Varda earned her PhD in law from Vellore Institute of Technology–AP University in 2024. Her doctoral thesis, entitled ‘Data Protection in India: An Analytical Study of Legal and Regulatory Mechanisms’, provides a comprehensive examination of India’s evolving data protection framework. She holds a master’s degree in law from Dr. Ram Manohar Lohia National Law University, Lucknow (2019–20) and a bachelor’s degree in law from Nagpur University (2014–19). Her active engagement in legal research has resulted in numerous high-quality publications in reputed journals and consistent participation in prestigious international conferences. Varda is a member of the Centre for Tech-Law, Society and Digital Future at Alliance University, reflecting her ongoing commitment to interdisciplinary scholarship at the intersection of law, technology, and society.
Dr Abhishek Thommandru teaches technological law, business law, and banking law, with a focus on FinTech and its legal mechanisms. He served as a Petar Sarcevic Fellow at the Swiss Institute of Comparative Law (2024) and was a Central Asian Legal Research Fellow at TSUL, Uzbekistan (2023–24). He holds a Diploma in financial crime, corruption and money laundering from Aristotle University of Thessaloniki, Greece (2022). Abhishek graduated from Damodaram Sanjivayya National Law University and holds an LLM in business law from Andhra University (2016–18). He holds a PhD in law from Vellore Institute of Technology-AP University, with a thesis on ‘Anti-Money Laundering Policies, Practices, and Regulations in India: A Study of Banking Sector Compliance’ (2023). Abhishek was actively involved as an International Research Fellow at the University of Religions and Denominations, Iran (2023–25). Currently, he is an LLD scholar at Damodaram Sanjivayya National Law University, Andhra Pradesh.
Pulatova Nodirakhon Sobirjonovna is a distinguished Associate Professor and Doctor of Legal Sciences in the Department of State and Law Theory, Tashkent State University of Law, Uzbekistan. With over two decades of experience in legal academia, she specialises in constitutional law, legal theory, and state governance, contributing to the development of jurisprudence in Central Asia. Pulatova’s research explores the intersection of human rights, democratic institutions, and legal philosophy, with numerous publications in peer-reviewed journals and books. As an educator, she mentors aspiring lawyers, emphasising ethical and analytical approaches to law. She has presented at international conferences and collaborated on legal reforms.
Toshkanov Nurbek Bakhriddinovich is a PhD candidate in law and Lecturer in the Department of Business Law, Tashkent State University of Law, Uzbekistan. With expertise in corporate governance, international business transactions, and commercial dispute resolution, Toshkanov combines theoretical legal principles with practical applications in emerging markets. His research focuses on legal frameworks for entrepreneurship, investment law, and economic reforms in Central Asia, resulting in several publications in academic journals and contributions to policy discussions. As an educator, Toshkanov inspires students through innovative teaching methods, preparing them for global business challenges.
Pulatov Temurbek Gayratjon ugli is a Lecturer in the Department of Cyber Law at Tashkent State University of Law, Uzbekistan. His academic work lies at the intersection of law and technology, with a particular focus on the regulation of digital financial assets within civil law frameworks. Pulatov’s research engages with emerging legal challenges posed by digital economies, especially the classification, governance, and transactional implications of digital financial assets. He has authored scholarly works examining the legal status of such assets as objects of civil law, contributing to ongoing debates in cyber law and financial regulation. Pulatov holds an LLM from Penn State University and an LLB in international law from Tashkent State University of Law.
