The legal gaps in India’s unregulated AI surveillance
3 months, 1 week ago

The legal gaps in India’s unregulated AI surveillance

The Hindu  

In 2019, the Indian government made headlines by announcing its intention to create the world’s largest facial recognition system for policing. The use of AI for surveillance has global parallels, often resulting in “dragnet surveillance”, a term that refers to indiscriminate data collection beyond just suspects or criminals. This article explores the legal frameworks, gaps, and concerns surrounding AI surveillance in India and how they intersect with constitutional rights, particularly the right to privacy. However, the extent of surveillance infrastructure in India currently lacks proportional safeguards, leading to legitimate concerns about the implications of AI-driven data collection. To mitigate risks from AI-driven surveillance, regulating “high-risk activities” through restrictions on digital personal data processing and transparent auditor oversight of data sharing is crucial.

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History of this topic

India’s AI investment, the budgetary push, the need for regulations
1 month ago

India’s AI investment, the budgetary push, the need for regulations

The Hindu  

The allocation of ₹2,000 crore to the IndiaAI mission in the Union Budget 2025-26 demonstrates India’s commitment to developing its artificial intelligence infrastructure. India’s focus and what needs to be done Circling back to India’s budgetary allocations, it is worth noting that almost 44% of the Budget’s allocation towards AI will be directed towards building domestic computing capabilities. In light …

MNLU Mumbai's Symposium on AI: Privacy, Security & IPR
1 month ago

MNLU Mumbai's Symposium on AI: Privacy, Security & IPR

Live Law  

MNLU Mumbai in association with the Centre for Information Communication Technology and Law, the Centre for Advanced Legal Training and Research, and Daga Legal is organizing a Symposium on 'AI: Privacy, Security & IPR'. About the Symposium: The symposium on AI: Privacy, Security, and Intellectual Property Rights aims to bring together experts, academicians, policymakers, and industry leaders to explore the …

Data protection rules and Act, a net negative for privacy rights
1 month, 2 weeks ago

Data protection rules and Act, a net negative for privacy rights

The Hindu  

Around eight years since the judgment of the Supreme Court of India, in Justice K.S. Despite the Digital Personal Data Protection Act having been notified in August 2023, its provisions remain inoperative due to the delay in the notification of the Digital Personal Data Protection Rules Rules. ‘Significant Data Fiduciaries’, which are entities classified as such due to the volume …

PM Modi highlights threat of deepfakes and disinformation enabled by AI
1 month, 2 weeks ago

PM Modi highlights threat of deepfakes and disinformation enabled by AI

Op India  

Prime Minister Narendra Modi on Tuesday highlighted the potential risk of Artificial Intelligence such as deepfakes and disinformation and urged world leaders to democratise the technology and re-skilling the people. Addressing the AI Summit in Paris on Tuesday, PM Modi emphasised that the technology must be rooted in local ecosystem and should enhance trust and transparency making them more people-centric …

How Indian legal system should adapt to the digital age
1 month, 2 weeks ago

How Indian legal system should adapt to the digital age

Firstpost  

Drawing lessons from global initiatives like Norway’s administrative reforms, Denmark’s digital-ready legislation principles, and the EU’s AI Act, India has a unique opportunity to lead the way in not only enacting laws to regulate AI, but also modifying laws that resonate with the digital age The road ahead is clear: legislate for the future, or risk being left behind in …

Emerging Technology Trends And Its Effect On Criminal Justice System
1 month, 3 weeks ago

Emerging Technology Trends And Its Effect On Criminal Justice System

Live Law  

The then Chief Justice of India Dr D.Y Chandrachud, while delivering the 20th DP Kohli memorial lecture on the Central Bureau of India Raising Day April 1st 2024, remarked that “In the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reform”. Emerging technologies such as Forensic Artificial …

As DeepSeek AI Buzz Spreads Like Wildfire, Here Are The Legal Implications For India
2 months ago

As DeepSeek AI Buzz Spreads Like Wildfire, Here Are The Legal Implications For India

ABP News  

By Dinesh Jotwani The dominance of US tech giants was questioned on Monday, as Chinese artificial intelligence startup DeepSeek sent shockwaves through Silicon Valley. However, this also calls for the Government of India to take immediate action to regulate, make investments, promote education, collaboration, and protect IPRs in AI models that are much needed for startups to grow globally. Establish …

New Digital Rules Let You Wipe All Your Details Online
2 months ago

New Digital Rules Let You Wipe All Your Details Online

Deccan Chronicle  

Hyderabad: Can a customer walk into a multinational company like Amazon and ask it to remove all her information from the company's database? With the draft Digital Personal Data Protection Rules, 2025 released in public domain seeking comments and feedback, the citizens can now look forward to a framework through which they can exercise their right to privacy. The rules …

The IT ministry’s AI regulation report is broadly welcome but not entirely
2 months, 2 weeks ago

The IT ministry’s AI regulation report is broadly welcome but not entirely

Live Mint  

Last week, the ministry of information technology released a Report on the Regulatory Framework for AI in India. The report argues that if we assign immutable, unique identities to participants in the AI ecosystem, we will be able to use the consent artefact to track and record their activities. I am also glad that it has highlighted the need to …

Mint Quick Edit | India’s new privacy rules: A mixed bag
2 months, 3 weeks ago

Mint Quick Edit | India’s new privacy rules: A mixed bag

Live Mint  

More than a year after the Digital Personal Data Protection Act was passed, the government has released the draft rules that will enable this law’s implementation. While the rules are expansive, their requirement of parental consent for under-18-year-olds to join social media and gaming platforms could deliver a pragmatic age-gating regime. That said, the return of data localization requirements will …

No secret affair: on the draft Digital Personal Data Protection Rules, 2025
2 months, 3 weeks ago

No secret affair: on the draft Digital Personal Data Protection Rules, 2025

The Hindu  

The draft Digital Personal Data Protection Rules, 2025, is a long overdue advance in the direction of enforcing the fundamental right to informational privacy for Indians, affirmed by the Supreme Court of India in the landmark case, Justice K.S. The Digital Personal Data Protection Act, which these draft rules seek to enforce, was passed in Parliament over a year ago. …

Parental nod, ID proof: How Modi govt plans to regulate digital access for minors
Top News
2 months, 3 weeks ago

Parental nod, ID proof: How Modi govt plans to regulate digital access for minors

India Today  

The Union government, at the beginning of the new year, unveiled a long-anticipated blueprint for India’s digital future: the draft Digital Personal Data Protection Rules, 2025. Social media platforms, gaming apps and e-commerce websites—all categorised as “data fiduciaries”—are now tasked with obtaining explicit, verifiable consent from users before collecting, processing or storing personal data. When the users in question are …

Privacy as priority: India can’t afford any further delay in notifying data protection rules
3 months, 1 week ago

Privacy as priority: India can’t afford any further delay in notifying data protection rules

Live Mint  

A few days ago, Signzy, a popular Know Your Customer verification service used by India’s top banks and fintech firms, was affected by a cyber attack that may have exposed the sensitive personal information of millions. India’s Digital Personal Data Protection Act was passed six years after the Right to Privacy verdict in 2017. The Digital India Act, touted as …

CCTV monitoring might be a reality for bars, pubs in Mumbai; Restaurateurs react to new Maharashtra govt mandate
3 months, 4 weeks ago

CCTV monitoring might be a reality for bars, pubs in Mumbai; Restaurateurs react to new Maharashtra govt mandate

Hindustan Times  

Want to relax by enjoying a pint after work or just heading out with your friend's group, big brother will be watching. Videotapes of such moments, data storage and transmission involved present cybersecurity risks, including exposure to ransomware or hacking and exposing hotels and restaurants to data privacy and data security.” Chetan Mehta, Vice President, HRAWI, said, “We respect the …

EU's data privacy laws stymie India's investigation into airline bomb hoax calls
4 months, 2 weeks ago

EU's data privacy laws stymie India's investigation into airline bomb hoax calls

Live Mint  

New Delhi: India’s hunt for the perpetrators of multiple bombing threats that significantly disrupted the domestic aviation and hospitality sectors has hit a roadblock in Europe, where most of the hoax calls are said to have been made through virtual private networks. “India has currently hit a roadblock in the European Union, with France and Germany being among the nations …

Balancing Innovation and Consumer Protection: A Framework for High-Risk AI in India
5 months ago

Balancing Innovation and Consumer Protection: A Framework for High-Risk AI in India

Live Mint  

India's approach to regulating high-risk AI systems should be targeted and risk-based, prioritizing consumer protection while fostering innovation. The country should learn from the successes of other nations while considering local needs and challenges. The draft Digital India Act 2023 should be revised to address high-risk AI systems and ensure consumer protection. Existing legal frameworks should be leveraged, and the …

Deepfakes - A growing concern on misuse of personality rights
5 months ago

Deepfakes - A growing concern on misuse of personality rights

New Indian Express  

Artificial intelligence, especially generative AI, is transforming our interactions with the physical and digital world. In the context of intellectual property rights in India, deepfakes have had a grave negative impact on many artists and celebrities, leading to violations of their privacy and personality rights. However, enforcing personality rights against AI or AI-generated works poses a greater challenge, as action …

India not yet ready for AI regulations says Experts
6 months, 3 weeks ago

India not yet ready for AI regulations says Experts

New Indian Express  

HYDERABAD: On the second day of the Global AI Summit 2024 at HICC, experts from various fields discussed key aspects of Artificial Intelligence. Arghya Sengupta, Founder & Research Director of Vidhi Centre for Legal Policy, said that India is not yet ready for AI regulations and that small innovators and developers could be most affected and recommended adopting certain codes …

Corporate boards should foster a culture of data privacy in organizations
1 year ago

Corporate boards should foster a culture of data privacy in organizations

Live Mint  

The digital age has ushered in a new era of responsibility—to safeguard the core of our online existence: our data. In acknowledging the role of data privacy being integral to corporate governance and risk management, the board has a crucial role in not only ensuring that the enterprise meets legal obligations, but also establishing a bedrock of trust under its …

AI companies can be innovative and responsible: Markham Erickson, Google executive
1 year, 3 months ago

AI companies can be innovative and responsible: Markham Erickson, Google executive

Hindustan Times  

Regulating artificial intelligence does not need to be a binary choice between self-regulation by companies and strict legal guardrails prescribed by governments, and AI companies can be innovative while behaving responsibly, a top Google executive said on Wednesday. In an interview with HT, Markham Erickson, vice president, government affairs and public policy at Google’s Centers for Excellence, shared the company’s …

India's Data Revolution: Unpacking the DPDPA 2023 and Ensuring Accountability
1 year, 4 months ago

India's Data Revolution: Unpacking the DPDPA 2023 and Ensuring Accountability

The Quint  

It is crucial to establish mechanisms that hold the government accountable as a data custodian, said Dr Kislay Pandey, a leading corporate lawyer of India. Specific measures need to be taken to explicitly regulate emerging technologies like AI and tapping into their potential to bolster data protection. He further said, “To ensure the efficacy of data protection and privacy regulation …

DC Edit | India must secure phone privacy for all citizens
1 year, 4 months ago

DC Edit | India must secure phone privacy for all citizens

Deccan Chronicle  

When a group of publicly known citizens raised the issue of their mobile phones being possibly under attack from potentially State- The prominent personalities in politics who came out after receiving this Apple alert on their phones, or emails, connected to their Apple IDs, are predominantly from the Opposition, and have been known critics of the Narendra Modi-led BJP government. …

Revolutionising good governance: How AI and cybersecurity synergy are shaping the future
1 year, 4 months ago

Revolutionising good governance: How AI and cybersecurity synergy are shaping the future

Hindustan Times  

It is undeniable that ever since technological advancement took centre stage, how we work, live, and communicate has changed dramatically. As a result, to combat concerns around cybersecurity, the private organisation government has taken certain cybersecurity initiatives, including Cyber Surakshit Bharat, the Indian Computer Emergency Response Team, the National Critical Information Infrastructure Protection Centre, and so on. Thus, AI is …

Children, a key yet missed demographic in AI regulation
1 year, 6 months ago

Children, a key yet missed demographic in AI regulation

The Hindu  

India is to host the first-ever global summit on Artificial Intelligence this October. AI regulation must improve upon India’s approach to children under India’s newly minted data protection law. So, how can the upcoming Digital India Act better protect children’s interests when interacting with AI? The Californian code pushes for transparency to ensure that digital services configure default privacy settings; …

E- International Seminar, Right To Privacy, Data Protection, Law Mantra Trust, MNLU Nagpur, NLSIU Bangalore
1 year, 6 months ago

E- International Seminar, Right To Privacy, Data Protection, Law Mantra Trust, MNLU Nagpur, NLSIU Bangalore

Live Law  

The Seminar aims to examine and analyze Right to Privacy & Data Protection in Digital Era in today’s times. The International Seminar will be attended by various international delegates and speakers as also representatives from the national Diaspora representing the stakeholders in the digital ecosystem and alive web. These would include representatives from the Central Government & State Governments, various …

Navigating the complex landscape of data privacy laws in India
1 year, 6 months ago

Navigating the complex landscape of data privacy laws in India

Hindustan Times  

In an era where data is hailed as the "new oil," the need for strong data privacy laws has never been more critical. India, too, has stepped up its game in this regard with the introduction of the Digital Personal Data Protection Act, 2023. Compliance with data protection laws, such as the Digital Personal Data Protection Act, 2023 in India, …

Today’s Cache | India’s Personal Data Protection Act weakens RTI; Google hit with copyright lawsuit; Microsoft unbundles Teams to avert fines
1 year, 6 months ago

Today’s Cache | India’s Personal Data Protection Act weakens RTI; Google hit with copyright lawsuit; Microsoft unbundles Teams to avert fines

The Hindu  

India’s Personal Data Protection Act weakens RTI Activists have long warned of dilution of the Right to information and with the Digital Personal Data Protection Act, of 2023, the qualified prohibitions to certain right to information to be kept secret have turned into total prohibitions. The lawsuit, alleging copyright violations, was filed by the Danish Media Association a year after …

Navigating the Crossroads: India’s Imperative to Balance AI Innovation with Ethical Accountability - News18
1 year, 6 months ago

Navigating the Crossroads: India’s Imperative to Balance AI Innovation with Ethical Accountability - News18

News 18  

“In a world driven by innovation, our responsibility lies in shaping technology to uplift humanity, not to divide or oppress.” In a dynamic era marked by remarkable technological strides, India stands at a pivotal juncture, compelled to address the intricate ethical and societal dimensions of artificial intelligence and meta technologies. However, this trajectory also underscores the urgency to establish a …

Personal Data Protection: How India's Law Looks Compared to EU's Regulations
1 year, 7 months ago

Personal Data Protection: How India's Law Looks Compared to EU's Regulations

The Quint  

DPDPA seeks “to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto,” as mentioned at the beginning of the legislation. In August 2017, when the nine-judge bench …

Word choice in India’s data protection law and a dilution of rights
1 year, 7 months ago

Word choice in India’s data protection law and a dilution of rights

The Hindu  

After years of going back and forth on its contents, India finally has a data protection law, i.e., the Digital Personal Data Protection Act, 2023. In the search for an answer to this question, we need to look at two basic features of any data protection law: the use of personal data with consent and without it. As decades of …

Legal framework for privacy as RS clears digital data bill
1 year, 7 months ago

Legal framework for privacy as RS clears digital data bill

Hindustan Times  

The Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 on Wednesday, clearing the way for what will be the first legal framework for privacy, close to six years after it was held as a fundamental right for Indians by the Supreme Court. While it is unlikely to take long for the bill to receive presidential assent — at …

Data market’s future hinges on regulation
1 year, 7 months ago

Data market’s future hinges on regulation

Hindustan Times  

In 1776, when Adam Smith — arguably the most ardent champion of market economics — argued in favour of the invisible hand, there was no telephone, no broadband and no digital data coursing through cables or air waves. Several economists, including Hal Varian, the chief economist of Google, are swayed by the efficiency hypothesis while others liken data to oil …

India passes data protection legislation in Parliament. Critics fear privacy violation
1 year, 7 months ago

India passes data protection legislation in Parliament. Critics fear privacy violation

Associated Press  

NEW DELHI — Indian lawmakers Wednesday approved a data protection legislation that “seeks to better regulate big tech firms and penalize companies for data breaches” as several groups expressed concern over citizens’ privacy rights. The legislation will limit cross-border transfer of data and provide a framework for setting up a data protection authority to ensure compliance from tech companies, Information …

India passes data protection bill amid surveillance concerns
1 year, 7 months ago

India passes data protection bill amid surveillance concerns

Al Jazeera  

The new law has drawn criticism from opposition lawmakers and rights groups over the scope of exemptions, weakening gov’t accountability. Indian lawmakers have passed a data protection law that will dictate how tech companies process users’ data amid criticism that it will likely lead to increased surveillance by the government. The Digital Personal Data Protection Bill, 2023 gives the government …

Indranil Banerjie | A Law to Protect Citizens, Or To Help in State Snooping?
1 year, 7 months ago

Indranil Banerjie | A Law to Protect Citizens, Or To Help in State Snooping?

Deccan Chronicle  

In today’s digital age, privacy is a chimera -- the reality is that every intimate detail of our lives, from our eating and spending patterns to medical and financial details, are digitally recorded in some computer somewhere in the vast cloud and can therefore be potentially exposed. The idea of a digital data protection law had become imperative given the …

Manish Tewari | Build legal framework for intel to safeguard privacy
1 year, 8 months ago

Manish Tewari | Build legal framework for intel to safeguard privacy

Deccan Chronicle  

The perpetual clash between the idea of security and the idea of privacy is a battle that animates the soul of all democratic institutions. One of the biggest problems in India is that both law enforcement agencies and intelligence organisations have no sound legal basis. Thus, owing to its universal acceptability, and a belief carried out from a legal obligation …

Independent body, risk-based framework: TRAI suggests regulations for AI
1 year, 8 months ago

Independent body, risk-based framework: TRAI suggests regulations for AI

Business Standard  

The Telecom Regulatory Authority of India on Thursday called on the government to adopt a holistic regulatory framework for the responsible development of cutting-edge artificial intelligence technologies, reported Economic Times. It has proposed the immediate establishment of an independent statutory authority, 'Artificial Intelligence and Data Authority of India,' for the development of responsible AI and the regulation of use cases …

AI is spurring new scams. Counter this
1 year, 8 months ago

AI is spurring new scams. Counter this

Hindustan Times  

The proliferation of easily accessible Artificial Intelligence tools has had an unintended, if somewhat expected, consequence – turbocharging online scams. This newspaper reported on Tuesday that a resident of Kerala’s Kozhikode town, PS Radhakrishnan, was duped by a slew of messages on WhatsApp, with the scammers even using deepfake technology to video call Mr Radhakrishnan and convince him that the …

New Data Protection Bill receives Cabinet's green light: Here's all you need to know
1 year, 8 months ago

New Data Protection Bill receives Cabinet's green light: Here's all you need to know

India TV News  

India's ongoing efforts to protect privacy and personal data have gained significance in light of the Supreme Court's recognition of privacy as a fundamental right under Article 21 of the Constitution. The need for a robust data protection law became apparent following incidents of data breaches and unauthorized use of personal information by entities before stricter regulations were imposed globally. …

India’s shield of privacy should reflect Article 21
1 year, 8 months ago

India’s shield of privacy should reflect Article 21

Live Mint  

The monsoon session of Indian Parliament will likely take up a bill framed in response to the Supreme Court ruling of 24 August 2017 that said privacy is a fundamental right. The Digital Personal Data Protection Bill, a draft of which was published last year to replace an unwieldy earlier proposal, got Cabinet approval this week as part of the …

India to regulate AI to safeguard digital citizens: Minister
1 year, 9 months ago

India to regulate AI to safeguard digital citizens: Minister

Deccan Chronicle  

NEW DELHI: Amid the debate sparked by rapid advances in artificial intelligence, Rajeev Chandrasekhar, minister of state for electronics and information technology, said that India planned to regulate AI to prevent harm to "digital citizens." Chandrasekhar also mentioned that consultations on the Digital India Bill would begin this month, and a new Personal Data Protection Bill would be introduced in …

India’s push for digital sovereignty risks more online surveillance
2 years, 1 month ago

India’s push for digital sovereignty risks more online surveillance

The Hindu  

Shortly after the Nigerian government blocked Twitter in 2021 for removing a post by the country’s president, its verified handle @NigeriaGov appeared on Koo, an Indian microblogging platform that was little known overseas. It was also a vindication for the Indian government, where many officials are on Koo, and which last month hailed another locally made technology: a mobile operating …

Political Line | Public Debate on Privacy
2 years, 3 months ago

Political Line | Public Debate on Privacy

The Hindu  

India’s new draft Digital Personal Data Protection Bill, 2022 is being debated intensely. Privacy activists and legal scholars are concerned that the draft is going in the wrong direction, with the government giving itself too much power to collect data, and snoop on people. The draft DPDP bill reiterates state authority and sovereignty over all questions related to data, including …

Why the new draft data bill must be reconsidered
2 years, 4 months ago

Why the new draft data bill must be reconsidered

Hindustan Times  

Earlier this month, the government released the Digital Data Protection Bill of 2022, and asked for public comments. The government said this iteration provides a progressive and adequate legal framework for data protection in India; and, in particular, having listened to industry critiques of the draft Personal Data Protection Bill of 2018, it has removed onerous provisions regarding the storage …

India's Digital Independence: What Govt Can Do To Protect Residents Against Data Breaches
2 years, 5 months ago

India's Digital Independence: What Govt Can Do To Protect Residents Against Data Breaches

ABP News  

Personal data exploitation is a goldmine that has been exploited by big players in the digital world. As India steps into the 5G era with ambitious goals set to be achieved within ‘Amrit Kaal’, it needs a robust digital Independence strategy against global personal data exploitation — designed and executed by Indians — in order to maintain control over the …

India’s Sudden Reversal on Privacy Will Affect the Global Internet
2 years, 6 months ago

India’s Sudden Reversal on Privacy Will Affect the Global Internet

Slate  

Recently, India, home to more than 1.3 billion people, withdrew its data protection bill—signaling yet another setback in global efforts to protect people’s data privacy. Owing to India’s unique position on the geopolitical stage—the second most populated country on the planet, the site of a burgeoning and multihundred-billion-dollar tech sector, a nation celebrating 75 years of independence from British rule—the …

‘Puttaswamy’ and the fading promise of a right
2 years, 7 months ago

‘Puttaswamy’ and the fading promise of a right

The Hindu  

August 24 has passed, marking five years since a nine-judge Bench of the Supreme Court of India delivered a crucial judgment in the case of Justice K.S. The judgment delivered on that date formally recognised the right to privacy as being a fundamental right stemming from the right to life and personal liberty, guaranteed under Article 21 of the Indian …

As IRCTC Mulls Data Monetisation, There Is an Urgent Need for Data Privacy Rules
2 years, 7 months ago

As IRCTC Mulls Data Monetisation, There Is an Urgent Need for Data Privacy Rules

The Quint  

Both these moves have sparked a new line of debate about the data privacy issues. The recent withdrawal of the Personal Data Protection Bill by the government, citing more comprehensive legislation, has also triggered concerns as data privacy remains guided by the provisions of the Information Technology Amendment Act 2008 and the related rules of 2011, and are found to …

Data opportunity at the G20
2 years, 7 months ago

Data opportunity at the G20

The Hindu  

The global politics of data is rapidly evolving as leading and emerging digital economies like the European Union, the U.S., India, Indonesia, and South Africa strive to protect, monetise, and leverage data collected within their territories for domestic purposes. Since 2017, India has attempted to incubate governance of non-personal data, personal data, e-commerce regulation and artificial intelligence with a preference …

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