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The Constitutional Right To Privacy In India And Challenges Posed By Artificial Intelligence




Priyanshu Mishra, Galgotias University


ABSTRACT


The recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India (2017) marked a constitutional milestone in Indian jurisprudence. However, the emergence of Artificial Intelligence (AI) has posed unprecedented challenges to this right, reshaping the relationship between individuals, the state, and private corporations. AI’s reliance on big data, profiling, and predictive analytics threatens informational autonomy, decisional privacy, and human dignity. This article critically examines the evolution of privacy jurisprudence in India, the constitutional framework post-Puttaswamy, and the collision course between AI technologies and privacy rights. It draws comparative lessons from global regulatory models and identifies structural gaps in India’s legal and institutional architecture. Finally, it proposes a roadmap for reforms—legislative, judicial, institutional, and cultural—to safeguard privacy in the AI age while fostering responsible innovation.


Keywords: Privacy, Constitution of India, Artificial Intelligence, Data Protection, Puttaswamy, Surveillance, Fundamental Rights, AI Governance



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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Licensing: 

 

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.

 

Disclaimer:

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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