Right to Privacy vis-à-vis Artificial Intelligence: Indian Scenario

  • Advocate Apoorva Thakur and Advocate Manish Kumar
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  • Advocate Apoorva Thakur

    Partner at MKA Legal Law Offices, India

  • Advocate Manish Kumar

    Founder-&-Managing Partner at MKA Legal Law Offices, India

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The rapid advancement of AI technologies has brought about significant benefits, but also posed challenges to the fundamental right to privacy. In India, the right to privacy has been upheld as a constitutionally protected right, yet the legal framework governing data protection and AI remains nascent. AI systems often rely on the collection and processing of vast amounts of personal data, which can potentially infringe upon an individual's privacy rights. Techniques like machine learning and deep learning algorithms can uncover patterns and insights from data that may reveal sensitive personal information. Furthermore, AI-driven surveillance, facial recognition, and predictive policing technologies raise concerns about mass monitoring and profiling. India lacks a comprehensive data protection law, though the Personal Digital Personal Data Protection (DPDP) Act, 2023 has been passed. The Act aims to regulate the processing of personal data and proposes safeguards like data localization and individual consent requirements. However, concerns remain about potential exemptions for government agencies and whether the proposed legislation adequately addresses issues specific to AI systems. The Indian judiciary has recognized the need to balance privacy rights with legitimate interests like national security, crime prevention, and socio-economic welfare. The Supreme Court's landmark Puttaswamy judgment affirmed privacy as a fundamental right but also acknowledged that it is not an absolute right. Applying this balancing test to AI will require a nuanced approach that fosters innovation while protecting citizens' privacy. As India embraces digitalization and AI across sectors, policymakers must proactively address the privacy implications. Robust governance frameworks, ethical guidelines, and regulatory mechanisms are needed to ensure AI development aligns with constitutional rights and democratic values. Striking the right balance will be crucial for promoting responsible AI that enhances societal benefits without compromising individual privacy.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3370 - 3384

DOI: https://doij.org/10.10000/IJLMH.117261

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