LIJDLR

privacy

DIGITAL DATA PRIVACY IN THE AGE OF ARTIFICIAL INTELLIGENCE

Volume IV Special Issue I /

DIGITAL DATA PRIVACY IN THE AGE OF ARTIFICIAL INTELLIGENCE Deepti Prakash Singh, Research scholar in the Faculty of Law, University of Allahabad (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.28 In this AI-driven world, with the consistent growth of digital information, data privacy has become a critical concern for individuals because personal data has become a new currency in this digitally interconnected world. This article explores common threats, vulnerabilities, and challenges relating to data protection and examines how the rapid development of artificial intelligence has transformed data-processing capabilities. Key principles such as data minimisation, express consent, transparency, accountability, and lawful processing are discussed. Further, this article focuses on digital governance in India with reference to the Digital Personal Data Protection Act, 2023. Its objective is to examine how the law seeks to protect digital personal data with legal clarity and to ensure fair, lawful, and transparent processing. It also discusses the Act’s overall impact on individuals and industries, and how it helps encourage stronger privacy norms to boost digital trust. The paper finds that India’s data-protection framework is a significant legislative step, but its effectiveness depends on clear enforcement, institutional independence, user awareness, and responsible AI governance. It concludes by emphasizing the importance of maintaining harmony between innovation, privacy, transparency, and legitimate state functions to establish strong rights. Strict penalties and a responsible digital regulator are essential to strengthening the digital future. However, regardless of several preventive laws and measures, users of digital services must possess adequate digital awareness and literacy to understand cyber risks and support informed decision-making. Hence, data privacy and responsibility in AI development are among the most important pillars of sustainable digital growth.

DIGITAL DATA PRIVACY IN THE AGE OF ARTIFICIAL INTELLIGENCE Read More »

AI AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

AI AND HUMAN RIGHTS PROTECTION Adv. Uchita G. Barve, 3rd Semester S. Y. LLM Student at Kes College of Law, University of Mumbai, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.27 The rapid evolution of technology has profoundly transformed modern life, with Artificial Intelligence (AI) emerging as one of the most influential technological developments. By processing vast datasets, predicting outcomes, and assisting decision-making, AI enhances efficiency, accuracy, and productivity. While these advancements promote social and economic development, they also raise significant human rights concerns. The widespread use of AI introduces challenges such as privacy violations, mass surveillance, algorithmic bias, job displacement, cybercrime, and the misuse of deepfakes. Vulnerable groups, particularly women and children, face increased risks of online exploitation, harassment, and non-consensual content. These concerns necessitate a careful evaluation of whether existing legal frameworks are sufficient to regulate AI without hindering innovation. AI tools like ChatGPT, Google Gemini, and Google Translate have transformed and reshaped education, workplaces, healthcare, and governance. Innovations such as virtual court hearings and telemedicine have improved accessibility and efficiency. However, in medical and judicial contexts, AI may also threaten professional autonomy and human judgment. Despite its benefits, AI poses risks such as overreliance, reduced physical activity, and threats to employment. For instance, large-scale automation in countries like China has reduced reliance on human labour. Additionally, AI’s ability to access and misuse personal data, including through platforms like Google Photos, raises serious concerns about privacy and dignity. In India, initiatives such as Bhashini, Kisan E-Mitra, and Aarogya Setu demonstrate AI’s positive impact. However, robust legal and ethical frameworks are essential to ensure that AI development aligns with human rights principles, safeguarding dignity, equality, and freedom. This paper examines the intersection of AI and human rights in India. It evaluates AI’s impact on privacy, equality, dignity, and freedom of expression, reviews national and international legal frameworks, and highlights the urgent need for ethical governance and balanced regulation.

AI AND HUMAN RIGHTS PROTECTION Read More »

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION Dhrishti Haresh Bhindora, SYLLM ,3rd Semester, Business Law,Jayantilal H. Patel College of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.12 The rapid evolution of Artificial Intelligence has significantly influenced legal systems worldwide, reshaping social structures and legal processes. Over the past two decades, Artificial Intelligence based technologies have been adopted in legal research, judicial administration, governance, surveillance, welfare delivery, and automated decision-making, directly affecting individual rights and obligations. Although Artificial Intelligence is promoted as enhancing efficiency and institutional effectiveness, its increasing integration within legal frameworks raises serious concerns relating to transparency, accountability, fairness, employment displacement, and the protection of fundamental human rights and personal data. The impact of Artificial Intelligence varies across generations due to differences in digital literacy, economic access, physical capability, and exposure to automated systems. Older generations often face exclusion as essential services become digitized, while younger generations experience continuous data monitoring, algorithmic profiling, and automated assessments with limited awareness or informed consent. These generational disparities present distinct human rights challenges requiring focused legal examination. This paper analyses Artificial Intelligence from a foundational legal perspective, focusing on equality, dignity, privacy, and access to justice within the Indian constitutional framework. Using doctrinal and analytical methods, it evaluates whether existing constitutional values, statutory safeguards, and judicial principles adequately regulate technological advancement. It argues that Artificial Intelligence must function only as a supplementary tool to human judgment, ethical reasoning, and constitutional morality, preventing excessive dependence that undermines human autonomy and legal accountability.

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION Read More »

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH

Volume IV Issue II /

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Ishani Chhaudha, Asian Law College, Ccs University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.166 Artificial intelligence has evolved from a computational tool into a powerful medium of expression shaping identity, political communication, advertising, and social interaction. Deepfakes, synthetic audio, face swaps, voice cloning, and other forms of generative media create legal harms that intersect with privacy, defamation, fraud, cybercrime, intermediary liability, electoral integrity, and constitutional free speech. This article examines how the existing Indian legal framework including the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Bharatiya Nyaya Sanhita, 2023, and constitutional jurisprudence under Justice K.S. Puttaswamy v. Union of India and Shreya Singhal v. Union of India can be interpreted to regulate harmful synthetic media. Using a doctrinal and analytical methodology, the article distinguishes between legitimate uses of artificial intelligence in satire, education, accessibility, and artistic expression, and malicious deepfakes that infringe dignity, facilitate impersonation, mislead voters, enable cyber fraud, or threaten public safety. It argues that India should adopt a rights-based regulatory framework grounded in informed consent, data protection, platform due diligence, forensic evidence preservation, proportionate labelling, effective grievance redressal, victim remedies, and court-reviewable takedown mechanisms. The article concludes that artificial intelligence and deepfakes can be effectively regulated within India’s existing constitutional and statutory framework without undermining freedom of speech and democratic values.

REGULATING ARTIFICIAL INTELLIGENCE AND DEEPFAKES IN INDIA: A LEGAL ANALYSIS OF PRIVACY, PLATFORM LIABILITY, CYBERCRIME, AND CONSTITUTIONAL FREE SPEECH Read More »

PRINCIPLES AND APPLICATIONS OF THE RIGHT TO PRIVACY: EVALUATING INTERNATIONAL PERSPECTIVES AND LAWS

Volume III Issue III /

PRINCIPLES AND APPLICATIONS OF THE RIGHT TO PRIVACY: EVALUATING INTERNATIONAL PERSPECTIVES AND LAWS Sam S. Siryon, BA.LLB Honors, 3rd Semester, Apeejay Stya University-Gurgaon (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.116 The right to privacy has been explicitly defined in several jurisprudences as a fundamental right which aims to protect people’s correspondence, effects, things and avoid unauthorized and unjustifiable interference of the State or other authorities. This right includes the ability to control the collection, use and disclosure of personal data, including health records, financial information and communications. In this paper, we will examine the actual definition, scope and application of our fundamental right to privacy, evaluating this concept from three legal systems including the USA, India and Liberia. The primary objective of this paper is to ascertain whether the right to privacy is applicable to everyone, to what extent can this right be restricted, what are the grounds to establish a person’s legal right not to disclose his effects, correspondence or things. The right to privacy is a fundamental right to be left alone and have control over one’s personal information, activities and choices. This right protects individuals from unwarranted intrusion into their lives, encompassing personal data, family matters and private spaces. This right is not absolute and can be subject to reasonable restrictions if a state action meets certain tests of legality. While considering the application of the right to privacy, we will expand into the technological impact on privacy and opinions of prominent justices across several jurisprudence, so as to give us an in depth understanding of this unique right. This paper examines the right to privacy from an international perspective, taking into consideration the meaning, applications and scope from different international treaties, laws, conventions and national protection of the right to privacy.

PRINCIPLES AND APPLICATIONS OF THE RIGHT TO PRIVACY: EVALUATING INTERNATIONAL PERSPECTIVES AND LAWS Read More »

SEBI & RBI OVERHAUL OF AIF REGULATIONS IN 2025: BALANCING TRANSPARENCY, RISK, AND GROWTH IN INDIA’S FUND ECOSYSTEM

Volume III Issue III /

SEBI & RBI OVERHAUL OF AIF REGULATIONS IN 2025: BALANCING TRANSPARENCY, RISK, AND GROWTH IN INDIA’S FUND ECOSYSTEM Vidushi Dubey, B.A LL.B (Hons.), 5th Year, 10th Semester, Student at Amity Law School, Amity University, Uttar Pradesh Dr. Axita Srivastava, Assistant Professor, Amity Law School, Amity University Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.89 The regulatory landscape of Alternative Investment Funds (AIFs) in India has undergone significant transformation since the enactment of the SEBI (Alternative Investment Funds) Regulations, 2012. Despite rapid industry growth, challenges persisted in transparency, taxation, and systemic oversight, prompting a comprehensive overhaul by the Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) in 2025. This paper examines the structural, supervisory, and policy changes introduced through the reforms and analyzes their implications for India’s fund ecosystem. The study highlights five key areas of reform: restructuring of fund categorization to prevent regulatory arbitrage, enhanced disclosure and transparency norms, robust risk-management and investor protection mechanisms, stringent cross-border capital flow regulations, and adoption of digital compliance frameworks. Judicial precedents from the Supreme Court and High Courts of India, alongside global regulatory models such as the EU AIFMD and the U.S. Investment Advisers Act, inform the analysis and establish the comparative dimension of the reforms. The findings suggest that while the overhaul strengthens investor protection, improves systemic resilience, and aligns Indian AIF regulation with international standards, it also raises concerns of compliance burdens, dual regulatory overlaps, and incomplete taxation reforms. The paper concludes with policy recommendations advocating harmonization of SEBI and RBI mandates, uniform tax treatment across fund categories, expansion of technology-driven supervision, and integration of ESG obligations. These reforms are positioned not only to consolidate India’s domestic market but also to enhance its credibility as a global hub for private equity, venture capital, and alternative investments.

SEBI & RBI OVERHAUL OF AIF REGULATIONS IN 2025: BALANCING TRANSPARENCY, RISK, AND GROWTH IN INDIA’S FUND ECOSYSTEM Read More »

FREEDOM OF THE PRESS IN THE SHADOW OF PRIVACY: THE RIGHT TO BE FORGOTTEN IN INDIA, EU, AND USA

Volume III Issue III /

FREEDOM OF THE PRESS IN THE SHADOW OF PRIVACY: THE RIGHT TO BE FORGOTTEN IN INDIA, EU, AND USA Jyothi Sharma, LL.M (Pursuing), Lovely Professional University Download Manuscript doi.org/10.70183/lijdlr.2025.v03.88 “The Internet never forgets” — a characteristic that has evolved into a pressing legal problem when past information continues to shape reputations and public memory. This article offers a comparative doctrinal analysis of the so-called Right to Be Forgotten (RTBF) and its tensions with press freedom across three legal traditions: the European Union, India, and the United States. Drawing on leading judicial decisions, statutory texts (notably the GDPR and India’s DPDP Act, 2023), and regulatory practice, the paper examines how each system defines erasure, scopes public-interest exceptions, places obligations on intermediaries, and handles temporal reach and cross‑border enforcement. The EU model provides a robust delisting remedy codified in the GDPR, coupled with journalistic and public‑interest exceptions applied through balancing tests. India’s post‑Puttaswamy jurisprudence recognizes privacy as constitutionally protected and the DPDP Act introduces limited erasure, but no settled RTBF doctrine; Indian courts are developing case‑based remedies focused on anonymization and proportionality. The United States, guided by the First Amendment, resists a European‑style RTBF and confines redress to narrow torts and sectoral statutes. The paper contributes to the literature by proposing a practicable hybrid model: a narrowly scoped statutory erasure right for private individuals, explicit public‑interest carve‑outs for journalism and archives, robust process safeguards (notice, independent review, proportional remedies), and limited temporal rules to preserve historical integrity. These recommendations aim to harmonize privacy and press freedom while minimizing risks of political or commercial abuse.

FREEDOM OF THE PRESS IN THE SHADOW OF PRIVACY: THE RIGHT TO BE FORGOTTEN IN INDIA, EU, AND USA Read More »

THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS

Volume III Issue II /

THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS Parul Shukla, Law Centre II, University of Delhi. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.78 The Digital Personal Data Protection Act, 2023 (DPDP Act), marks India’s first comprehensive data protection legislation, reaffirming the constitutional right to privacy as upheld in K.S. Puttaswamy v. Union of India (2017). This paper employs a multidimensional analytical framework encompassing political, social, economic, technological, environmental, and legal (PSETEL) lenses to evaluate the Act’s implications on India’s startup ecosystem, particularly data-intensive sectors such as SaaS, health-tech, ed-tech, and fintech. Politically, while aligning with global benchmarks like the GDPR, the Act asserts digital sovereignty through the creation of the Data Protection Board of India, which wields enforcement and adjudicatory powers under Section 27, thus balancing innovation incentives under Section 17(1)(e) with concerns of potential executive overreach. Socially, the Act enhances data principal rights, including informed consent, correction, and erasure, expected to improve consumer trust, though requirements like verifiable parental consent (Section 9) may affect user acquisition strategies, especially in ed-tech sectors. Economically, compliance costs are projected to increase by 7–10% for early-stage startups due to obligations such as appointing Data Protection Officers and conducting Data Protection Impact Assessments, with non-compliance penalties extending up to Rs. 250 Crores under Schedule I. Technologically, the Act necessitates system-wide changes in data processing and architecture to meet principles of data minimization and purpose limitation, though its regulatory silence on AI and ML raises compliance ambiguities. Environmentally, data localization mandates could elevate energy demands through the expansion of domestic data centers, albeit offset partially by sustainable data minimization practices. Legally, the Act’s extraterritorial scope (Section 3), mandatory breach reporting (Section 8), and amendments to the RTI Act create regulatory uncertainties and increase administrative burdens, particularly for cross-border operations. Despite these challenges, the Act presents opportunities for startups to differentiate themselves through ethical data stewardship, thereby aligning with India’s ambition of achieving a USD 1 trillion digital economy by 2030.

THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS Read More »

NAVIGATING THE LEGAL LABYRINTH: ETHICAL AND JURISPRUDENTIAL CHALLENGES OF NON-CONSENSUAL CELEBRITY IMPERSONATION THROUGH DEEPFAKE TECHNOLOGY

Volume III Issue I /

NAVIGATING THE LEGAL LABYRINTH: ETHICAL AND JURISPRUDENTIAL CHALLENGES OF NON-CONSENSUAL CELEBRITY IMPERSONATION THROUGH DEEPFAKE TECHNOLOGY Mofarreha Firdaus, Student at Jamia Millia Islamia, New Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v03.8 Deepfake technology, fueled by advancements in artificial intelligence, has dramatically transformed the way of highly realistic audiovisual content. While, it was initially celebrated for its applications within entertainment, education, and creative media, this technology has raised significant concerns related to its misuse, particularly in the unauthorized impersonation of the celebrity. The inappropriate utilization of a celebrity’s likeness or voice to produce misleading or harmful content infringes privacy, damages reputations, and erodes public confidence in the authenticity of the media. This research paper seeks to evaluate the possible breaches of privacy, defamation, and right to publicity laws that arise from non-consensual impersonation via deepfake technology. It evaluates whether current legal mechanisms offer sufficient protection for celebrities against such abuses and critically reviews the judicial precedents related to similar matters. By employing a qualitative and analytical approach, the study investigated both national and international legal frameworks, judicial decisions, and ethical standards to gauge their effectiveness in tackling these issues. Additionally, it underscores the immediate requirements for more stringent regulations, clearer definitions regarding privacy, and collaborative global enforcement mechanisms to mitigate the risks posed by deepfakes, while also stressing the importance of ethical responsibility in the time of technological progress. In Douglass v. Hustler Magazine, the U.S. Court of Appeal opined that the publication was violative of an individual’s right to privacy and right to publicity, reinforcing that the person has control over their likeness. Further, in Khushwant Singh v. Maneka Gandhi, the court recognized that publishing unauthorized content about an individual, especially if it affects their reputation, and privacy, can be legally challenged. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 156-177. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

NAVIGATING THE LEGAL LABYRINTH: ETHICAL AND JURISPRUDENTIAL CHALLENGES OF NON-CONSENSUAL CELEBRITY IMPERSONATION THROUGH DEEPFAKE TECHNOLOGY Read More »

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS

Volume III Issue I /

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS Kamalpreet Kaur, BABA FARID LAW COLLEGE, PUNJAB Download Manuscript doi.org/10.70183/lijdlr.2024.v03.4 “Privacy is not an option, and it should not be the price we accept for just getting on the Internet.[1].” These words by technology expert Gary Kovacs highlight the growing concerns relating to privacy in this digital age. Privacy is a fundamental human right that allows an individual to live free from unwarranted public attention and interference. On the other hand, there is ‘Digital Surveillance’, the process of monitoring, analyzing, and collecting data relating to the virtual activities of individuals like online communications, social media usage, patterns, behaviors, etc. In this digital era, the internet and technology are growing rampantly and have become an important aspect of almost all spheres of life. This technology is also being used for surveillance by government agencies for various purposes like prevention of crime, national security, etc., and even private entities collect individuals’ data for running advertisement campaigns, preventing fraud, etc. However, such practices also raise concerns about individuals’ privacy as they violate the Right to Privacy, which, although not explicitly mentioned, has been recognized as an integral part of Article 21 of the Indian Constitution. Now, as the popular saying goes, “Excess of anything is bad.” While unchecked surveillance violates privacy rights, absolute privacy can also be misused. Thus, there is a need for a perfect balance between the surveillance and the privacy laws so that the misuse of any of these laws be checked. This paper examines the relationship between digital surveillance and privacy laws in India, assessing the effectiveness of existing legal provisions and their ability to balance security needs with individual freedoms. It also explores judicial perspectives, policy gaps, and potential reforms inspired by international best practices to strengthen privacy protection in the Indian context.   Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 61-77. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS Read More »