Published Paper Details:

In the era of the digital economy, personal data has emerged as the most valuable asset, with the exponential growth of Artificial Intelligence (AI) technologies in various fields, such as healthcare, finance, governance, and law enforcement, also creating significant threats to individual privacy and civil liberties. India has seen cybersecurity incidents rise from 10.29 lakh in 2022 to 22.68 lakh in 2024, marking a turning point in the country. This paper critically analyses the interplay of AI and data privacy in the context of the existing cyber laws in India, namely, Information Technology Act, 2000, Digital Personal Data Protection Act, 2023, IT (Intermediary Guidelines) Rules, 2021 and CERT-In Directives, 2022. It highlights the lack of automated decision-making rights, algorithmic transparency requirements, and governance of non-personal aggregated data and compares the Indian regime with the EU General Data Protection Regulation (GDPR) and EU AI Act, 2024. Based on this empirical incident data, this paper offers a roadmap for reform of the regulatory environment that includes a regulatory framework specifically for AI, mandatory algorithm auditing, rationalisation of data localisation and the creation of a dedicated AI regulatory body. The study highlights the importance of embedding privacy considerations into the design of their AI systems and the need for responsible AI governance to ensure that India can fulfill its goals as a global powerhouse of AI.