Artificial Intelligence and the Right to Privacy in India: Navigating Data Protection Laws in the AI Era
- NLR Journal
- Apr 5
- 2 min read
By Vaibhav Yadav, Teaching & Research Associate (Law), Gujarat National Law University.
Abstract
The rapid advancement of Artificial Intelligence (AI) has raised serious concerns over rights to privacy, especially in India, where digitalization is picking up speed. Surveillance systems based on AI, facial recognition systems, and data analytics are being used more and more in governance, law enforcement, and private industries without proper legal protection. This article analyzes the convergence of AI and privacy rights in India, with reference to constitutional safeguards under Article 21, the Digital Personal Data Protection Act, 2023, and other applicable legal regimes. While AI provides greater security and efficiency, its unregulated application threatens mass surveillance, data exploitation, and algorithmic discrimination, disproportionately impacting marginalized groups. The research delves into the implications of AI-driven surveillance in public spaces, Aadhaar-linked databases, and predictive policing, and focuses on issues relating to consent, data localization, and absence of transparency in algorithmic decision-making. It also analyzes whether existing legal frameworks are adequate to safeguard people from invasion of privacy and explores judicial oversight and regulatory enforcement gaps. Additionally, the paper contrasts India's response to AI and privacy regulation with international best practices by learning from the EU's GDPR and ethical AI guidelines. To reconcile technological advancement with inherent rights, the research promotes a human-oriented AI model of governance that focuses on transparency, accountability, and privacy-respecting AI systems. Suggestions include enhanced legal protections, autonomous regulatory agencies, public education campaigns, and ethical AI implementation in government and private spheres. The article presents that in the absence of an effective regulatory setup, AI potential in India is at the cost of basic human rights, with urgent legal and policy measures necessary for privacy safeguard in the era of AI.
Keywords: AI Surveillance, Privacy Rights, Data Protection, Indian Law, Algorithmic Bias.
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