Artificial intelligence, data protection and digital governance in India: a contemporary legal analysis
DOI:
https://doi.org/10.64171/JSRD.5.1.76-81Keywords:
Artificial Intelligence, Data Protection, Digital Personal Data Protection Act, 2023, Digital Governance, Privacy Law, AI Regulation, India, Cyber Law, IT Rules, Algorithmic AccountabilityAbstract
The blistering development of Artificial Intelligence (AI), online platforms, and data-based technologies has essentially transformed the system of governance, the economy, and interactions within the Indian society. India has made considerable legal and regulatory changes in a bid to deal with emerging issues, which concern privacy, data security, and digital responsibility. The existing legal regulations governing the use of AI and data protection in India are critically reviewed in this research paper, namely, the Digital Personal Data Protection Act, 2023 (DPDP Act), the Digital Personal Data Protection Rules, 2025, and further developments of regulations. The paper concludes that before the DPDP Act came into effect, the data governance system in India was decentralized and mostly insufficient to deal with the intricacies of the contemporary digital ecosystem. DPDP Act, 2023 has become a paradigm shift due to its introduction of consent-based model, specifying the rights of data principal, and imposing statutory duties on data fiduciaries. These provisions are implemented by the following Rules of 2025 that provide procedural protection, compliance, and enforcement frameworks. In addition, the paper examines the regulatory strategy that India has adopted in relation to AI governance. In contrast to other jurisdictions, like those of the European Union, India has never passed a separate AI law, but it regulates AI by the interaction of data protection legislation, intermediary liability regulations, and industry-specific policies. Though it is a flexible method and encourages innovation, it introduces regulatory uncertainty particularly on issues such as algorithmic accountability, algorithmic liability, and ethical governance. According to the study, even though India has made significant progress in the area of improving its digital legal environment, it continues to face numerous challenges, including the lack of enforcement strategies, the lack of clarity in AI regulation, and the emergence of threats, including deepfakes and data misuse. The article proposes the idea of a holistic, rights-based, and futuristic law system to make sure that technological development does not contradict the constitutional doctrine and social well-being.
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