The Fragmentation of Global Data Governance: Institutional Deficiencies and the Justification of Defensive Regulation in Developing Nations

The global data governance architecture is undergoing rapid fragmentation, driven by divergent national strategies that reflect asymmetrical power relations rather than shared normative foundations. This paper identifies a foundational institutional deficiency in existing multilateral frameworks: their systemic neglect of the digital divide as a constitutive feature of data governance, not merely a developmental gap. By applying interest balancing theory as a normative and analytical lens, we demonstrate that defensive regulatory instruments---such as data localization mandates and outbound data security reviews---are not protectionist deviations but necessary, proportionate responses by developing nations to structural vulnerabilities embedded in dominant data governance paradigms. These measures serve dual functions: safeguarding public safety against asymmetric surveillance and extraction risks, and nurturing nascent digital industries under conditions where market access, infrastructure control, and algorithmic independence remain heavily concentrated in advanced economies. The analysis rejects the false dichotomy between openness and self-governance, arguing instead that equitable participation in the data economy requires temporally bounded, context-sensitive regulatory discretion grounded in developmental justice.