A digital divide is opening up in the way data are regulated in emerging and advanced economies. Two developments this week, one in China and one in India, have exposed the challenges posed when technology outpaces privacy and data protection. As the gold rush for consumer data intensifies, the need for a more even playing field for technology companies across multiple markets is becoming clearer. So too is the imperative to protect consumers in the developing world.

It emerged this week that China is developing a system to predict crimes before they happen by tracking the behaviour of its citizens and using facial recognition, mostly on CCTV, to identify their whereabouts. Four provinces already shame jaywalkers by projecting CCTV footage and personal details on to public screens, underlining China’s march towards an omnipresent surveillance state. While the state is unconstrained, a new data protection law does, however, limit some intrusion by private companies.

Meanwhile, in India, the government has argued that privacy is not a fundamental right, in a case before the Supreme Court that stemmed from the national biometric ID system. Concerns that personal data are being centralised were fuelled when the government started using the ID system to transfer benefits while simultaneously creating a payment system that allows transactions using fingerprints.