Safeguarding Personal Data In The Age Of Artificial Intelligence: An Assessment Of The DPDP Act, 2023
- IJLLR Journal
- Jul 2
- 1 min read
Swasti Gupta, Faculty Member, ICFAI University, Ranchi
ABSTRACT
Artificial Intelligence (AI) has emerged as a transformative force in contemporary governance, business operations, and social infrastructure. Its ability to process and analyse vast volumes of data has significantly enhanced efficiency, innovation, and decision-making across multiple sectors. However, the increasing reliance on AI-driven systems has also raised serious concerns regarding privacy, data protection, transparency, accountability, and individual autonomy. The collection and processing of personal data by AI technologies often create risks of algorithmic bias, discriminatory outcomes, automated decision-making without adequate human oversight, and intrusive surveillance practices. In India, the enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a significant step towards establishing a legal framework for protecting personal data in the digital age. Nevertheless, the Act primarily focuses on data protection and does not comprehensively address the unique challenges posed by artificial intelligence systems. This paper critically analyses the adequacy of the DPDP Act in regulating AI-related privacy concerns and compares its provisions with the European Union’s General Data Protection Regulation (GDPR) and the EU Artificial Intelligence Act (AI Act). Through a comparative and doctrinal approach, the study identifies regulatory gaps within the Indian framework and proposes a risk-based, rights-oriented, and technology-sensitive legal model capable of balancing innovation with the protection of privacy and fundamental rights.
Keywords: Artificial Intelligence (AI), Data Privacy, Data Protection, Digital Personal Data Protection Act, 2023 (DPDP Act), Surveillance, Privacy Rights.
