LIJDLR

Data Protection

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS

Volume III Issue I /

AI AND THE RIGHT TO PRIVACY – BALANCING INNOVATION WITH CONSTITUTIONAL PROTECTIONS Rama Dutt, Assistant professor, Harlal School of Law, Greater Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.37 This research paper examines the evolving intersection of artificial intelligence (AI) and the right to privacy, focusing on how legal systems can reconcile rapid technological innovation with constitutional protections. The paper analyzes key legal frameworks, landmark judgments, and emerging regulatory approaches to AI globally. It also highlights the ethical implications of surveillance technologies, facial recognition, and predictive algorithms. The study concludes by proposing legal reforms and policy strategies to ensure responsible AI deployment that respects fundamental rights. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 920-932. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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DIGITAL SOVEREIGNTY AND STATE RESPONSIBILITY: NAVIGATING CYBERSECURITY CHALLENGES IN INDIA’S LEGAL LANDSCAPE

Volume III Issue I /

DIGITAL SOVEREIGNTY AND STATE RESPONSIBILITY: NAVIGATING CYBERSECURITY CHALLENGES IN INDIA’S LEGAL LANDSCAPE Amal Singh Patel, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Axita Shrivastava, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.25 This research paper explores the evolving dynamics of digital sovereignty and state responsibility within India’s cybersecurity landscape. It critically examines India’s legal and regulatory framework, focusing on the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and sector-specific cybersecurity mandates. The study highlights the role of Indian institutions like CERT-In, NCIIPC, and regulatory bodies including TRAI, RBI, and SEBI in shaping compliance mechanisms. Landmark judicial pronouncements, including K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India, are analyzed to understand constitutional safeguards in cyberspace governance. The paper delves into India’s assertion of sovereignty through data localization, extraterritorial jurisdiction, and blocking powers under Section 69A of the IT Act. It discusses India’s strategic position in global digital governance, balancing territorial and data-centric sovereignty models. The research also examines India’s stance on international legal norms, including its engagement with UNGGE, OEWG, and resistance to the Budapest Convention. By integrating legal doctrines, regulatory structures, and global frameworks, this paper offers a comprehensive analysis of India’s approach to navigating cybersecurity challenges while asserting digital sovereignty and fulfilling its responsibilities in cyberspace. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 583-613. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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RIGHT TO PRIVACY – EXPLORE ITS IMPLICATIONS IN THE DIGITAL AGE

Volume II Issue III /

RIGHT TO PRIVACY – EXPLORE ITS IMPLICATIONS IN THE DIGITAL AGE Spriha Bisht, Student at Christ Deemed To Be University Pune, Lavasa. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.2 The right to privacy is a fundamental human right that has evolved significantly over time in response to changing societal values and technological advancements. This paper aims to investigate the concept and articulation of privacy, trace its historical development through landmark legal cases, and identify the challenges facing privacy in the digital age. The rapid growth in surveillance and data proliferation raises major concerns for individual privacy, necessitating a thorough examination of the current legal frameworks and regulations intended to protect this right. While laws have been enacted in various jurisdictions to control the use of personal data, inconsistencies and inadequacies persist. This research draws from existing literature and case law to highlight the ongoing tension between the right to privacy and society’s demands for security. The paper advocates for reforming legal protections and ethical guidelines that support privacy and applying those guidelines in a manner that not only preserves and protects privacy but also upholds it in light of advancements in state surveillance capabilities. In conclusion, the right to privacy faces significant challenges in the digital age, and there is an urgent need for comprehensive legal reforms and ethical guidelines to safeguard this fundamental human right. Policymakers must strike a balance between individual privacy and societal security, ensuring that privacy is protected without compromising legitimate security concerns. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 14-27. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEVELOPMENT OF DATA PROTECTION AND PRIVACY LAW IN E-COMMERCE

Volume II Issue I /

DEVELOPMENT OF DATA PROTECTION AND PRIVACY LAW IN E-COMMERCE Stuti Jaiswal, Student at Amity Law School, Amity University Uttar Pradesh, Lucknow Dr. Shova Devi, Asst. Professor, Amity Law School, Amity University Uttar Pradesh, Lucknow Download Manuscript ABSTRACT Words and phrases cannot properly describe the idea of privacy. In fact, the privacy in very essential and an important part of every individual’s life; without which or a sense of ‘space,’ one cannot function effectively. Hence, Privacy is regarded as an essential and valuable aspect of anyone’s existence, whether male, female, etc. As a human being, privacy is extremely important. In this case, the information about the person is obtained or transmitted without his or her knowledge or consent. The right to privacy has its own history. In India, right to privacy was originally accepted and announced as the Essential Right in the landmark case of Justice. K.S. Puttaswammy and another Vs. UOI & others[1], thereby famous judgment in the history of Indian law, wherein the Supreme Court held Privacy right as mentioned to be the fundamental Right impliedly mentioned in the Constitution of India, under Article 14, 19, and 21. Regularizing system of a free and fair computerized economy can give a valuable reference highlight adjusting whether a specific case, a right to privacy over that which is guaranteed exists and would beat any genuine interest of the state would rely upon the translation by courts on how the necessities of a free and fair computerized economy can be safeguarded. Opportunity and decency are the foundations of our sacred system, the explanation raison d’etre of our battle for autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 776-787. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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