Artificial Intelligence And The Right To Privacy: A Constitutional Challenge For India
- IJLLR Journal
- Sep 6
- 1 min read
Sonali Aggarwal, Assistant Professor at MVN University Palwal
ABSTRACT
Artificial Intelligence (AI) has become a defining feature of India’s digital transformation, reshaping governance, finance, healthcare, and everyday life. While these innovations promise efficiency and inclusion, they also create unprecedented risks for the constitutional right to privacy. The Supreme Court’s recognition of privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India was a landmark, but translating that principle into practice has proven difficult in the age of big data and algorithmic decision-making.
This paper traces the constitutional journey of privacy in India, from its early denial in M.P. Sharma and Kharak Singh to its emphatic affirmation in Puttaswamy. It then explores how AI threatens privacy through opaque decision-making, algorithmic discrimination, and mass surveillance, often in ways that disproportionately affect vulnerable communities. The analysis critiques India’s current regulatory framework—the Digital Personal Data Protection Act, 2023, the pending Digital India Act, and NITI Aayog’s policy strategies—highlighting their gaps in algorithmic accountability and institutional independence.
Drawing on comparative jurisprudence from the EU, U.S., China, and the UK, the paper argues that India must adopt a rights-first approach that combines strong constitutional safeguards with practical measures: algorithmic transparency, independent oversight, privacy-enhancing technologies, and citizen empowerment. Ultimately, it concludes that India’s aspiration to be a global AI leader must be matched by a parallel commitment to democratic values, ensuring that technological progress strengthens rather than undermines liberty, dignity, and equality.
Keywords: Artificial Intelligence, Privacy, Constitution of India, Fundamental Rights, Data Protection, AI Ethics.
