Eyes Everywhere: AI, Privacy, and the Law in India

 Title: Eyes Everywhere: AI, Privacy, and the Law in India

Introduction:
Artificial Intelligence (AI) is rapidly becoming a part of everyday governance and commercial life in India—from facial recognition at airports to AI-based traffic monitoring. While this improves efficiency and security, it raises a critical question: Are our privacy rights being compromised in the process?

1. The Rise of AI in Public and Private Spheres
AI is now used in:

• Law enforcement (facial recognition by Delhi Police)

• Public safety (smart surveillance in cities like Hyderabad)

• Retail (AI customer profiling)

• Education & recruitment (automated proctoring, resume screening)

These systems often work by collecting biometric data, real-time images, and behavioral patterns—without users’ explicit consent.

2. The Constitutional Right to Privacy
In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the Right to Privacy as a fundamental right under Article 21. The Court emphasized that:

“Privacy is the core of human dignity and autonomy.”

This means any AI-driven data collection must pass the test of legality, necessity, and proportionality.

3. No Comprehensive AI Law Yet, But the DPDP Act 2023 Helps
India lacks a dedicated AI regulation framework. However, the Digital Personal Data Protection (DPDP) Act, 2023 provides some safeguards:

• Consent is required before data processing

• Individuals have the right to access, correct, or delete their data

• Government agencies, however, enjoy exemptions under broad terms of “national interest”

4. Facial Recognition & Surveillance: A Legal Grey Area
The Delhi Police’s use of facial recognition tech (FRT) without a data protection law was questioned in court. In Internet Freedom Foundation v. Union of India, concerns were raised over mass surveillance violating the proportionality principle.

5. The Way Forward: What Should India Do?

• Create a comprehensive AI regulation framework (like the EU’s AI Act)

• Limit government exemptions under the DPDP Act

• Establish AI ethics guidelines for public and private entities

• Encourage judicial oversight on surveillance programs

Conclusion:
India stands at a crossroads—between embracing AI innovation and safeguarding civil liberties. The challenge is not whether we use AI, but how responsibly we use it. Privacy must be the foundation of AI governance, not a casualty of it.

Closing Credit

 Author- Abhishek Pandey 

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"