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Paper ID:IJSREM61871

Artificial Intelligence and Data Protection in India: A Legal Analysis under the Digital Personal Data Protection Act, 2023

Stream/Area:

-

Subject:

-

Paper ID:

IJSREM61871

Volume:

10 |

4 |

April 2026

Pages:

1-14

Publication Frequency:

Monthly (12 issues per year)

DOI
Digital Object Identifier
10.55041/IJSREM61871

License:International Journal of Scientific Research in Engineering and Management follows the Creative Commons Attribution 4.0 (CC BY 4.0) License, allowing free use and distribution with proper attribution.

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Authors

DSA

Dr. Sarthak Agresar

independent researcher

Ansuyaben Balkrishna Parikh Law College, Kadi, India

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Abstract

AI has swiftly been integrated into online systems of governance, business websites, financial services, medical systems, education technologies, and civic administration. Due to the reliance on data collection, analysis, inference, and reuse, the growth of AI systems has increased the discussion of privacy, surveillance, profiling, and data obscurity, automated decision-making, and accountability. These issues have gained particular significance in India following the recognition of privacy as a constitutional value in Justice K.S. Puttaswamy v. Union of India and the following adoption of the Digital Personal Data Protection Act, 2023. The paper is a systematic literature review of the scholarly work that has been published from 2014 to 2025 to assess how Indian law responds to the relationship between AI and personal data protection. Based on academic databases, legal databases, and official policy sources, the paper synthesizes literature regarding informational privacy, AI governance, consent, fiduciary obligations, children data, enforcement, and regulatory gaps. The discussion concludes that the Digital Personal Data Protection Act, 2023, represents a significant shift in the previous disjointed attitude of the Indian legislative system to the Information Technology Act and SPDI Rules in favor of a more systematic approach to lawful processing, principal rights, and the duty of data fiduciaries. Concurrently, the paper holds that the concerns related to AI, including its algorithmic opaqueness, inferential profiling, fairness, explainability, and automated harms, are met half-heartedly by the current statutory design. The paper finds that although the DPDP Act offers a structural framework for privacy protection in the era of AI, India will need more interpretive guidance, institutional capacity, and auxiliary governance practices to make AI innovation consistent with constitutional privacy and digital justice.

KEYWORDS

Keywords: Artificial Intelligence; Data Protection; India; Digital Personal Data Protection Act 2023; Privacy; Legal Analysis.

Cite This Article

Dr. Sarthak Agresar, "Artificial Intelligence and Data Protection in India: A Legal Analysis under the Digital Personal Data Protection Act, 2023," International Journal of Scientific Research in Engineering and Management, vol. 10, no. 4, pp. 1-14, April 2026. https://doi.org/10.55041/IJSREM61871

Full Article/Conclusion

The paper aimed to review the artificial intelligence and data protection in India with a systematic literature review to 20142025 and a doctrinal study focusing on the Digital Personal Data Protection Act, 2023. The review reveals that it is impossible to make sense of the legal role of AI in India outside of the emergence of informational privacy as a constitutional issue, the constraints of the previous SPDI-based regime, and the subsequent establishment of a specific statutory framework of digital personal data. Under that historical and doctrinal meaning, the DPDP Act is a significant legal step. It transforms privacy into a concept that is much more fragmented and sectoral into a more coherent system of rights, obligations, and enforcement within the context of the digital era. Simultaneously, the paper concludes that AI brings about types of risks that can be partially absorbed by the general data protection law. AI systems interfere with the presumptions of meaningful consent, produce inferential harms that is not self-evident data disclosure, complicate transparency, and expose risks of unjust or discriminatory results. The DPDP Act also concerns the legality of digital personal data processing and provides a robust base architecture of accountability, although it is not yet a complete normative framework of algorithmic governance. The legal account of the relationship between AI and data protection can then be regarded as being layered: data protection is not only sufficient, but also necessary, for reliable AI. The most compelling finding that is made in the literature is that India currently has an underlying privacy law that can be used to regulate AI, yet such a pillar must be reinforced by interpretation, institutional reform, and additional governance provisions. The announcement of the DPDP Rules and the establishment of the Data Protection Board by 2025 indicate that implementation has started, yet the effectiveness of the long-term success of the regime will be determined by its ability to react to real-life AI applications. But normatively, the future of AI regulation in India must be pegged on the constitutional values expressed in Puttaswamy: dignity, liberty, autonomy, and safeguarding against capricious violations of personal life. The Digital Personal Data Protection Act, 2023, is a necessary step toward the same direction. But with the increase in the strength and deeper integration of AI systems into the governance and markets, Indian law will have to shift away from a model of minimalist compliance to a more robust model of transparency, contestability, fairness, and human-focused accountability. It is only at that point that data protection can be used as not only a legal protection against abuse, but as a value system of democratic and rights-observant AI governance.

References

[1].           Committee of Experts under the Chairmanship of Justice B. N. Srikrishna. (2018). A free and fair digital economy: Protecting privacy, empowering Indians. Government of India. [2].           Deshpande, S. (2023). Data privacy in India: Technical and legal perspective. SSRN. https://doi.org/10.2139/ssrn.4420148 [3].           Government of India. (2011). The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. India Code. [4].           Government of India. (2023). The Digital Personal Data Protection Act, 2023 (No. 22 of 2023). Ministry of Electronics and Information Technology. [5].           Government of India. (2025, January 3). Notification under the Digital Personal Data Protection Act, 2023. Ministry of Electronics and Information Technology, Gazette of India. [6].           Government of India. (2025, November 13). Notification establishing the Data Protection Board of India. Ministry of Electronics and Information Technology, Gazette of India. [7].           Government of India. (2025, November 14). Digital Personal Data Protection Rules, 2025. Ministry of Electronics and Information Technology, Gazette of India. [8].           Joshi, D. (2024). AI governance in India: Law, policy and political economy. Policy Design and Practice. [9].           Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., Writ Petition (Civil) No. 494 of 2012, Supreme Court of India (2018). [10].             Kanipakam, S. (2019). Law and regulation of artificial intelligence in India. In Legal technology and the new sharing economy (Springer).

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Publication Date

5/1/2026

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