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AI-Powered Personalization In Online Shopping: Navigating India's Constitutional Privacy And Consumer Protection Frontiers




Dr. Koneru Anuradha, Associate Professor, Smt. V. D. Siddhartha School of Law, Siddharth Academy of Higher Education, Deemed to be University, Vijayawada.


ABSTRACT


The fast adoption of personalization that is facilitated by artificial intelligence (AI) in online shopping has significantly redefined the digital commerce environment in India because it has altered the experiences of consumers, the way business is conducted in the market, and the governance of data over the Internet. Although algorithmic personalization promotes the efficiency, convenience, consumer engagement, and advertising with the help of the predictive analytics and recommendations, it also brings to the fore significant constitutional and regulatory issues that concern the informational privacy, the autonomy, the transparency, and consumer welfare. This paper is a critical analysis of AI-enhanced personalization within the constitutional framework of India, especially the right to privacy expressed in the Constitution, Article 21 as interpreted by Justice K.S. Puttaswamy. Union of India, together with new legal safeguards provided by the Digital Personal Data Protection Act, 2023 and the Consumer Protection Act, 2019. This paper will examine how personalized pricing and behavioral targeting, as well as automated decision making, can result in results of discrimination, information asymmetry, and control over consumer choice, thus altering the agreed-upon principles of fairness, consent, and accountability. It also measures how suitable the consumer protection framework in India is to deal with the problems of algorithmic opaqueness and data-driven exploitation, in comparison with regulatory models in other countries. This article advocates a moderate regulatory system that would strike a balance between technological innovation and constitutional morality and consumer rights through the use of a doctrinal and analytical approach. The paper ends with a set of legal and policy recommendations that could be put in place to enhance transparency, algorithmic responsibility, and data fiduciary responsibility to make sure that AI-based personalization of online markets does not contradict the constitutional principles of India and consumer protection goals.


Keywords: Artificial Intelligence (AI); Online Shopping; Algorithmic Personalization; Right to Privacy; Digital Personal Data Protection Act, 2023; Consumer Protection Act, 2019; Informational Self-Determination; Algorithmic Transparency; Consumer Autonomy; Data Governance in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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