EFFECT ON NEW TECHNOLOGIES ON THE RIGHT TO PRIVACY IN INDIA: WITH SPECIAL REFERENCE TO ARTIFICIAL INTELLIGENCE

सार

The rampant development of new-age technologies like Artificial Intelligence (AI) has brought with itself several advantages, but it has also posed concerns to privacy rights. In Indian scenario, the privacy right has been affirmed as a constitutionally upheld guarantee, yet the legislative structure addressing AI and data protection seems to be nascent. AI applications mostly depend on the collection as well as processing of huge chunk of personal data, which could pertinently violate persons’ privacy rights. Technologies such as deep learning algorithms and machine learning can expose insights and patterns from the database which might leak sensitive personal particulars. India lacks a robust data protection legal framework, despite the enactment of the “Personal Digital Personal Data Protection (DPDP) Act 2023”. The enactment seeks to govern the processing of personal data & contains protective measures such as individual consent mandate and data localization. Still problems remain regarding potential exclusion of State agencies and whether the said Act sufficiently deals with the concerns specific to AI tools. The Indian Apex Court has clearly found that while privacy is a fundamental rights but it is not absolute. Striking balanced approach would be essential in this aspect for fostering responsible AI which seeks to improve the societal benefits without undermining the individual privacy. Comprehensive regulatory mechanism, ethical guidelines and governance frameworks are required for ensuring that AI development mirrors with the democratic ethos and constitutional sprits.

Keywords: Privacy Rights, Artificial Intelligence, Data Protection, India.