Artificial Intelligence, Data Privacy and Constitutional Governance: Emerging Challenges and The Future of Digital Rights in India

Abstract

Abstract Artificial Intelligence (AI) has transformed governance, healthcare, finance, education, and commerce through extensive use of personal data, raising concerns about privacy, surveillance, algorithmic bias, and digital autonomy. The Supreme Court's decision in Justice K.S. Puttaswamy (Retd.) v. Union of India recognized privacy as a fundamental right and laid the foundation for the Digital Personal Data Protection Act, 2023. However, emerging AI technologies such as automated decision-making, biometric surveillance, deepfakes, and cross-border data flows present challenges beyond traditional data protection laws. This paper examines India's constitutional and legal framework on privacy, compares it with international standards such as the GDPR, UNESCO AI Ethics, and OECD AI Principles, and argues for a rights-based AI governance framework emphasizing transparency, accountability, proportionality, and human oversight.