International Journal of Social Science Research (IJSSR)

Indian Privacy Laws and the Need for Reform in light of Artificial Intelligence

The rapid advancement of artificial intelligence (AI) has raised significant concerns regarding privacy and data protection in India. The country faces multiple challenges which are required to be addressed, for instance, Data Collection and Surveillance, Lack of Transparency and Accountability, Cross-border Data Flows and Consent and Data Ownership. The privacy landscape in India has been evolving, particularly in light of technological advancements like artificial intelligence (AI). India till 2023 did not have a comprehensive standalone privacy law but has seen a range of legislative and judicial actions along with constitutional provisions to protect individuals' privacy. While the right to privacy has been recognized as a fundamental right by the Indian Supreme Court, the existing legal framework, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (DPDP Act), remains inadequate to address the complex challenges posed by AI technologies. AI systems, which rely on vast amounts of personal data, raise critical issues related to data collection, surveillance, accountability, consent, and cross-border data flows. The lack of transparency in AI decision-making and the risks of biased or discriminatory outcomes further exacerbate privacy concerns. AI presents both opportunities and risks when it comes to privacy. While India has made progress in terms of privacy protections, there is a growing need to modernize the legal framework to ensure it effectively addresses the challenges posed by AI. This paper highlights the need for reform in India's privacy laws, advocating for stronger data protection mechanisms, greater accountability for AI systems, and enhanced digital literacy to ensure individuals can make informed choices regarding their data. A robust legal framework, incorporating AI-specific provisions, is essential for balancing technological progress with the protection of fundamental privacy rights. The paper calls for a re-evaluation of existing comprehensive and other laws and the introduction of ethical guidelines for AI to ensure that technology serves the interests of both individuals and society at large. Keyword: Artificial Intelligence, DPDP Act 2023, Right to Privacy, Reforms, Data Collection and Surveillance