The Evolution of the Right to Privacy in the Era of Digital Surveillance and AI: Legal and Constitutional Issues & Challenges

In the modern digital era, artificial intelligence (AI) and data-driven technologies have grown rapidly, and this has completely changed the perception of the concept of privacy as per Article 21 of the Constitution of India. As the reliance on online services, smartphones, and digital platforms continues to grow, personal information has become a valuable resource, and the question of its collection, use, and misuse becomes a matter of serious concern. In that regard, informational autonomy, has become an important element of the right to privacy. This paper will follow the constitutional history of the right to privacy, emphasizing its history of judicial interpretation and the landmark ruling of Justice K.S. Puttaswamy v. Union of India (2017), where the Supreme Court recognized the right to privacy as an inseparable part of the right to life and personal liberty. Although this ruling established a firm constitutional basis, the emergence of AI technologies, including automated decision making, mass surveillance and profiling, creates new and complex challenges to the effective protection of this right. This paper examines the current legal framework in India, and specifically the Digital Personal Data Protection Act, 2023, and compares it with the global standards like the EU General Data Protection Regulation (GDPR). It argues that despite the significant steps that have been taken by India to ensure awareness of the rights to digital privacy, the existing regulatory framework remains ineffective in dealing with AI-driven systems. This paper argues in favor of the concept of right-based AI governance that would be in line with innovation and constitutional protection. It concludes by providing possible policy suggestions that could be implemented to guarantee the protection of data, accountability, and make sure that the technological advancement does not influence personal dignity, freedom and privacy.