Privacy vs. Surveillance: Legal Challenges in the Age of Artificial Intelligence

Aayush Verma; Bhavya Mittal; Anju Bala

doi:10.36948/ijfmr.2025.v07i05.58572

Privacy vs. Surveillance: Legal Challenges in the Age of Artificial Intelligence

Author(s)	Mr. Aayush Verma, Ms. Bhavya Mittal, Ms. Anju Bala
Country	India
Abstract	India stands at a pivotal moment in its digital transformation, where the rapid integration of Artificial Intelligence (AI) into governance through facial recognition technologies, Aadhaar’s biometric framework, predictive analytics promises that administrates efficiency and security but simultaneously threatens privacy, autonomy, and civil liberties. While the Digital Personal Data Protection Act, 2023 and the AI Regulation Act, 2025 significantly progress toward structured data and AI governance, their broad governmental exemptions and weak accountability provisions expose deep regulatory gaps. This research paper questions how the AI-driven surveillance challenges the constitutional right to privacy in the era of Digital India, by analysing the landmark rulings of Kharak Singh and Gobind to Justice K.S. Puttaswamy (Retd.) v. Union of India, which anchored privacy within Article 21’s guarantee of life and liberty. By examining statutory shortcomings such as Section 17(2)(a) and Section 36 of the DPDP Act, which enable surveillance under the guise of “national security” without judicial oversight and the limited safeguards under the IT Act, Telegraph Act, and Aadhaar Act, the paper highlights the vulnerabilities of citizens to profiling, algorithmic bias, and data misuse in initiatives like Safe City, DigiYatra, and the National Digital Health Mission. In contrast, international frameworks such as the EU’s GDPR and AI Act demonstrate the value of risk-based regulation, algorithmic audits, and independent oversight which India’s fragmented regime currently lacks. The paper highlights a rights-based reform model featuring comprehensive AI legislation, mandatory transparency, human oversight, narrower exemptions, an independent AI Regulatory Authority, and robust grievance mechanisms along with sectoral codes and public awareness measures. As India’s pursuit of digital and AI leadership must be guided by constitutional values of justice, liberty, and dignity. That will ensure the technological progress fortifies rather than fractures the foundations of democracy and individual freedom.
Keywords	Privacy, Surveillance, Artificial Intelligence, Digital India, Data Protection
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 5, September-October 2025
Published On	2025-10-22
DOI	https://doi.org/10.36948/ijfmr.2025.v07i05.58572

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Privacy vs. Surveillance: Legal Challenges in the Age of Artificial Intelligence

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