Cryptocurrencies and the Privacy–Regulation Paradox: Law, Autonomy, and the Future of Financial Oversight

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Abstract

Cryptocurrencies have introduced a profound transformation in the architecture of financial systems, enabling value transfers without reliance on traditional intermediaries. This shift, while technologically innovative, exposes a persistent tension between individual privacy and regulatory oversight—a tension that can be described as the privacy–regulation paradox. Decentralized networks allow pseudonymous transactions, offering financial autonomy reminiscent of cash-based systems, yet their distributed ledger structures also present novel challenges for regulators seeking to prevent illicit activity, including money laundering, tax evasion, and terrorism financing.This paper explores the intricate intersection of blockchain technology, privacy, and law. It examines how global legal frameworks—from data protection regimes like the GDPR to financial regulations and FATF guidelines—interact with decentralized systems, highlighting areas of friction such as the immutability of blockchain records versus the right to erasure. Policy responses, including intermediary-based oversight, privacy-preserving cryptographic techniques, and Central Bank Digital Currencies, are discussed as potential pathways to reconcile these competing objectives.By framing cryptocurrencies within the broader discourse on technological innovation, individual autonomy, and regulatory control, this paper demonstrates that achieving a workable balance between privacy and oversight is an ongoing, adaptive challenge—one that demands nuanced policy design, cross-jurisdictional coordination, and continuous engagement between legal and technological communities.

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