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Deciphering The Data Dilemma: Regulating Artificial Intelligence Under Data Protection Law


Amit Raghuwanshi, Lloyd Law College, Greater Noida

Aditya Gupta, Lloyd Law College, Greater Noida


ABSTRACT


This essay seeks to demonstrate intricate interplay between Artificial Intelligence and data protection regulations, with a specific focus on how India's recently enacted Digital Personal Data Protection Act of 2023 impacts the development and use of Artificial Intelligence in the country. It also aims to examine the challenges posed by Artificial Intelligence to data privacy, encompassing issues such as automated decision-making, notice and consent mechanisms, transparency, and the Right to be forgotten. Moreover, it highlights the limitations of the Digital Personal Data Protection in adequately addressing these challenges, urging for a more robust framework that ensures accountability and safeguards against potential harm.


Centre to the debate is the necessity for data Fiduciaries to assume greater responsibility in the field of Artificial Intelligence technologies. The essay underlines the importance of conducting thorough Data Protection Impact Assessments for Artificial Intelligence systems, emphasising the need to alleviate risks such as bias and data misuse. It advocates for a comprehensive approach that balances the vitality of data privacy with the need for technological advancement, recognizing the critical role of effective regulation in achieving this equilibrium.


This can be elaborated through the call for a harmonious integration of data protection principles with the development and deployment of Artificial Intelligence technologies. It emphasises the need to rectify legal frameworks with technological advancements to ensure that the Rights of individuals are protected in the rapidly evolving digital landscape, while also fostering innovation and progress for the betterment of society.



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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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