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Threats of Classical Encryption to Quantum: Regulatory Problems in the Governance of Data Privacy

Sayan Das, Paramita Choudhury, Kalrav Krishna Tripathi

Published Jun 19, 2026• 0 citations
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Abstract

The emerging threat to current cryptographic infrastructures supporting the world's data security and privacy regimes is the accelerating development of quantum computing. RSA and several other classical encryption systems are susceptible to quantum algorithms like the Shor algorithm, and thus to the quantum threat on the pillars of digital trust. The implications of these quantum threats on regulation have been critically reviewed in this paper by looking at the suitability of the current data protection and cybersecurity guidelines in combating the emerging risks. Even though, in the present legal system, as has been introduced, e.g. in the General Data Protection Regulation (GDPR) and the Digital Personal Data Protection (DPDP) Act, 2023, in India, the technology-neutral approach is applied, the disruptive capacity of quantum computing on the encryption standards is not directly addressed. The study adopts the policy-oriented perspective and assesses the phenomenon of harvest now, decrypt later and the effect it has on data security in the long term, intergenerational privacy, and regulation accountability. It examines the activity of the international work on the topic of post-quantum cryptography (PQC), in particular, it is also concerned with the projects that involve the National Institute of Standards and Technology (NIST) and identifies the inconsistency between the technical context of standards and the legal one.

DOI
10.1051/epjconf/202637301001/pdf

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The emerging threat to current cryptographic infrastructures supporting the world's data security and privacy regimes is the accelerating development of quantum computing. RSA and several other classical encryption systems are susceptible to quantum algorithms like the Shor algorithm, and thus to the quantum threat on the pillars of digital trust. The implications of these quantum threats on regulation have been critically reviewed in this paper by looking at the suitability of the current data protection and cybersecurity guidelines in combating the emerging risks. Even though, in the present legal system, as has been introduced, e.g. in the General Data Protection Regulation (GDPR) and the Digital Personal Data Protection (DPDP) Act, 2023, in India, the technology-neutral approach is applied, the disruptive capacity of quantum computing on the encryption standards is not directly addressed. The study adopts the policy-oriented perspective and assesses the phenomenon of harvest now, decrypt later and the effect it has on data security in the long term, intergenerational privacy, and regulation accountability. It examines the activity of the international work on the topic of post-quantum cryptography (PQC), in particular, it is also concerned with the projects that involve the National Institute of Standards and Technology (NIST) and identifies the inconsistency between the technical context of standards and the legal one.
The emerging threat to current cryptographic infrastructures supporting the world's data security and privacy regimes is the accelerating development of quantum computing. RSA and several other classical encryption systems are susceptible to quantum algorithms like the Shor algorithm, and thus to the quantum threat on the pillars of digital trust. The implications of these quantum threats on regulation have been critically reviewed in this paper by looking at the suitability of the current data protection and cybersecurity guidelines in combating the emerging risks. Even though, in the present legal system, as has been introduced, e.g. in the General Data Protection Regulation (GDPR) and the Digital Personal Data Protection (DPDP) Act, 2023, in India, the technology-neutral approach is applied, the disruptive capacity of quantum computing on the encryption standards is not directly addressed. The study adopts the policy-oriented perspective and assesses the phenomenon of harvest now, decrypt later and the effect it has on data security in the long term, intergenerational privacy, and regulation accountability. It examines the activity of the international work on the topic of post-quantum cryptography (PQC), in particular, it is also concerned with the projects that involve the National Institute of Standards and Technology (NIST) and identifies the inconsistency between the technical context of standards and the legal one.
The rapid development of quantum computing is one of the most transformative technological developments of the twenty-first century with profound implications for cybersecurity, digital governance and the future of secure communication systems. Traditional cryptographic infrastructures have fundamentally underpinned digital trust in banking, healthcare, defense, cloud computing, and global communication networks, but the advent of quantum computational power has led to increasing concern about the future of existing standards for encryption. This qualitative study critically examines the changing relationship between quantum computing and post-quantum cryptography through an analysis of the technological, institutional, ethical and governance challenges in the transition to quantum-secure digital systems. The study adopts an interpretivist and exploratory qualitative orientation that aims to understand how governments, cybersecurity experts, technology institutions and policy frameworks are responding to the disruptive potential of quantum technologies. Data were collected using thematic analysis of academic literature, cybersecurity policy documents, archival technological reviews, expert commentaries, institutional reports, and emerging case studies related to the development of quantum-resistant cryptography. The results show that quantum computing presents serious threats to existing public-key cryptographic systems, especially in terms of theoretical abilities of Shor’s algorithm and future quantum decryption models. Meanwhile, the paper outlines post-quantum cryptography as a vital avenue for safeguarding digital privacy, institutional credibility, and cybersecurity robustness in an ever more networked society. The analysis also points to ongoing challenges around technological readiness, regulatory uncertainty, global standardization, resource inequality and ethical issues around surveillance, privacy and digital sovereignty. Yet, the research points to the potential for secure digital transformation, resilient cybersecurity governance, and the re-inventing of future communication infrastructure through post-quantum innovation. The research finds that the transition to quantum-secure systems is not just a technological challenge, but a multidimensional governance and policy challenge requiring international cooperation, ethical foresight and proactive institutional change.
India's digital governance infrastructure, spanning Aadhaar, UPI, DigiLocker, and critical sectors such as defence, finance, and telecommunications, is built upon classical publickey cryptography (RSA, ECC). The emergence of fault-tolerant quantum computers threatens to dismantle these foundations through Shor's algorithm, which solves integer factorisation and discrete logarithm problems in polynomial time, while Grover's algorithm reduces symmetric key security. The "harvest now, decrypt later" strategy magnifies the urgency, as adversaries can store encrypted data today for future decryption. This paper provides a comprehensive analysis of the post-quantum cryptography (PQC) migration imperative for India. We examine the quantum threat landscape, review candidate PQC families (lattice-, code-, multivariate-, hash-, and isogeny-based) and the newly standardised NIST algorithms, and detail the technical, regulatory, and economic challenges of large-scale PQC adoption in India's heterogeneous e-governance ecosystem. A phased implementation roadmap aligned with the National Quantum Mission (2026 to 2035) is presented, prioritising critical sectors (defence, banking, telecom, Aadhaar/UPI). The paper further highlights strategic opportunities for indigenous capability building, global certification leadership, and the reinforcement of digital sovereignty. By synthesising official reports, international standards, and sector-specific requirements, this work offers actionable guidance for transitioning India's governance to a quantum-resilient future. The paper further proposes the Quantum Governance Readiness and Infrastructure Decision Framework (Q-GRID), an India-specific, measurable decision framework that integrates quantum exposure, data longevity, systemic criticality, dependency, migration complexity, and regulatory urgency into a composite Quantum Risk Index to prioritise migration actions.
The article addresses the emerging challenges that quantum computing poses for the protection of personal data, highlighting its disruptive capacity over current cryptographic systems. Through a systematic literature review based on recent academic sources and institutional documents from agencies such as NIST and ENISA, it critically examines how quantum algorithms, such as Shor's, can breach traditional cryptographic methods such as RSA and ECC. Among the main findings, two central risks are identified: the obsolescence of current cryptography and the threat of massive leaks of sensitive data, even those encrypted today with standards considered secure. The study also reveals legal loopholes and an alarming lack of technical criteria in current regulations, which weakens the legal capacity to anticipate these risks. It concludes that there is an urgent need for a proactive and technologically informed regulatory reform that incorporates post-quantum cryptographic standards and promotes international cooperation. The article highlights the need for interdisciplinary responses to preserve privacy as a fundamental right in the new digital environment transformed by quantum technologies.
Abstract: Quantum computing poses a structural challenge to contemporary cryptographic infrastructures that underpin digital governance, financial systems, and cross-border data flows. As quantum capabilities advance, widely deployed encryption standards risk obsolescence, exposing systemic vulnerabilities within cloud architectures, blockchain ecosystems, and global data protection regimes. This paper critically explores the convergence of Quantum Computing, Post- Quantum Cryptography (PQC) and international regulatory frameworks. It analyses the preparedness of key jurisdictions such as the European Union, the United States, Japan, China and Singapore, in embedding quantum-resilient standards into cybersecurity and data privacy laws. The paper proposes prospective strategies for building harmonized governance mechanisms and developing agile regulatory mechanisms that can evolve alongside quantum technological progress. Securing data against quantum threats is not solely a technical imperative but a pressing legal and geopolitical priority in the evolving architecture of digital sovereignty. Keywords: Quantum Computing, Post-Quantum Cryptography, Data Protection, Cybersecurity Law, Cloud Ecosystems, International Legal Systems
Current cryptographic systems, heavily reliant on classical algorithms, are increasingly vulnerable to the formidable capabilities of quantum computing. Notably, quantum algorithms such as Shor’s and Grover’s pose profound threats by accelerating decryption processes, which could soon make existing cryptosystems ineffective. This paper stresses the critical need and complexity of shifting to Post-Quantum Cryptography (PQC) to safeguard encrypted communications against these emerging quantum threats. It outlines the timeline of the National Institute of Standards and Technology’s (NIST) efforts in standardizing PQC, elucidating the significant challenges and the essential nature of adopting these new standards. While NIST provides structured guidance, transitioning to PQC presents substantial risks and difficulties, particularly in terms of organizational adaptation and the technical overhaul required. The discourse further explores the tangible implications of quantum advancements on both symmetric and asymmetric key cryptography, highlighting the potential vulnerabilities and the increased risk of security breaches. The paper underscores the imperative for immediate action in initiating the transition towards robust PQC systems, given the rapid development and anticipated deployment of quantum computing technologies capable of decrypting currently secure information. This transition is not merely a technical upgrade but a crucial strategic move to preemptively counteract quantum threats, ensuring the continued confidentiality and integrity of sensitive data across various sectors.