Legal Reugaltion Of Digital Identity And Aadhaar In The Era Of Artificial Intelligence (AI)
Shivani Karnawat, Sangam University, Bhilwara
Dr. Vishnupriya Dadhich, Sangam University, Bhilwara
ABSTRACT
The rapid growth of digital technologies has transformed the way governments and private organisations deliver services, making digital identity an essential part of modern society. In India, the Aadhaar system has become the foundation of digital identity by providing a unique identification number linked to an individual’s demographic and biometric information. At the same time, Artificial Intelligence (AI) is increasingly being integrated into digital identity systems to improve authentication, detect fraud, and enhance the efficiency of public and private services. While these technological developments offer significant benefits, they also raise important legal, ethical, and privacy concerns. The large-scale collection and processing of personal and biometric data create risks such as data breaches, identity theft, algorithmic bias, mass surveillance, and misuse of personal information.
This article examines the legal regulation of digital identity and Aadhaar in the era of Artificial Intelligence by analysing the existing legal framework in India, including the Constitution of India, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023. It also discusses significant judicial decisions, particularly the Justice K.S. Puttaswamy judgements, which recognised the right to privacy as a fundamental right and established constitutional safeguards for the Aadhaar system. The article further explores the opportunities and challenges created by AI, compare India’s approach with international data protection frameworks, and suggests legal and policy reforms to ensure transparency, accountability, and effective protection of individual rights. It concludes that a balanced legal framework is essential to promote technological innovation while safeguarding privacy, data security, and constitutional values in the digital age.
Keywords: Digital Identity, Aadhaar, Artificial Intelligence (AI), Data Protection, Right to Privacy.
