Right To Privacy And Artificial Intelligence: A Critical Analysis Of The Digital Personal Data Protection Act, 2023
- IJLLR Journal
- 6 days ago
- 2 min read
Neha Bhuwania, LLM-SOL Presidency University
Kishore Kumar D, LLM-SOL Presidency University
ABSTRACT
Artificial Intelligence (AI) is increasingly becoming an integral part of our lives, impacting decision-making in sectors such as health, finance, governance and digital services. AI offers efficiency, innovation and convenience, but it also presents significant privacy challenges.
AI’s reliance on vast, often sensitive, personal data sets and opaque decision- making processes fundamentally disrupts conventional notions of consent, data security, and individual autonomy. In the Indian context, the enactment of the Digital Personal Data Protection (DPDP)Act, 2023 marks a foundational step in regulating personal data processing. Yet, while the Act incorporates key principles such as shared consent, data minimization, and lawful processing, it remains insufficient to address the distinct and evolving privacy risks introduced by AI technologies. Issues such as algorithmic bias, re-identification of anonymized data, AIdriven surveillance, and obscurity in automated decisions continue to challenge the existing regulatory framework.
This article critically examines these emerging issues, highlighting the gaps in India’s legal infrastructure and comparing them with global regulatory practices like the ‘European Union’s General Data Protection Regulation’ (GDPR) and the EU AI Act. It advocates for a multi- layered strategy to strengthen Privacy protection in the AI era, including embedding privacy by design, enhancing algorithmic transparency, adopting AI-specific legal reforms, and promoting digital literacy among users.
The paper concludes by emphasising the importance on unified action by governments, industry, civil society, and individuals to develop AI systems that are ethical, accountable, and privacy-respecting. Only through continuous, adaptive, and inclusive policy-making can India and the global community strike a sustainable balance between harnessing AI’s transformative potential and safeguarding individual privacy rights in an increasingly data-driven world.
Keywords: DPDP Act, Data Privacy, Implementation Challenges, Artificial Intelligence, Right to Privacy, Fundamental Right, Constitution of India
