Emergence of AI and its implication towards data privacy: From Indian legal perspective

D. Majumdar
Head of the Institute, BGHS, Education Department
H.K. Chattopadhyay
Legal Consultant, Calcutta University, Kolkata, West Bengal

Volume III, Issue IV, 2020

Artificial Intelligence (AI) is a concept that the intelligence should be artificially exhibited by computer systems which were previously unique to mankind. These AI algorithms can analyze and solve different complex problems without human assistance. Thus, analysis of data including personal data by AI and to reach an intelligent decision has provoked various sectors to use these AI algorithms. Thus, use of AI has benefited considerably different sectors. However, such easy access to the personal data by AI has brought in ethical and legal dilemmas for ensuring logical balance between use of personal data by AI and fundamental privacy protection rights of personal data. These dilemmas have become instrumental for rapid advancement of technology and its ever-increasing use in the society through AI algorithms. This modern technology has become able to easily access and analyze Personally Identifiable Information (PII) which has made different organizations updated to achieve success. This has also lead to question if the privacy of personal data is at stake, especially when Supreme Court of India in a recent judgement (Puttaswamy and Anr v Union of India & Ors) has held that right to privacy is a fundamental right under the constitution. The apex court further observed inter alia that there is a need of technology-neutral data protection law to control the growing use of AI in India under the legal discipline. In this background, this paper has tried to analyze as to how applications of AI can be guarded not to endanger data privacy from legal perspective under different platforms, whether the personal data protection bill is adequate to combat the misuse of AI in India, what are the legal issues to put a balance between use of AI and data privacy protection.    

Keywords: Artificial Intelligence, Data, India, Law, Privacy


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