Legal analysis highlights deficiencies in India's DPDP Act in regulating AI surveillance and privacy concerns.
The integration of artificial intelligence (AI) into law enforcement, particularly through predictive policing and mass surveillance systems, represents a paradigm shift in crime prevention and public security in India. While promising efficiency, these technologies pose a profound threat to the fundamental right to privacy, enabled by the vast datafication of the Indian populace through projects like Crime and Criminal Tracking Network & Systems (CCTNS) and facial recognition networks. This paper provides a critical legal analysis of this emerging landscape in the context of India's newly enacted Digital Personal Data Protection Act, 2023 (DPDP Act). It argues that while the DPDP Act establishes a foundational framework for data protection, its provisions are critically ill-suited to regulate state-driven surveillance and predictive analytics. The analysis identifies key deficiencies, including: (1) the extensive exemptions granted to the State for "public interest" and "security" purposes, which create a significant carve-out for law enforcement activities; (2) the lack of robust safeguards against automated decision-making and profiling; and (3) the absence of independent, pre-emptive oversight mechanisms. The paper concludes that without significant legislative amendments and judicial interpretation that prioritizes a proportionality-based assessment, the DPDP Act risks becoming a legitimizing facade for a panopticon state, failing to adequately protect citizens from the privacy-invasive potential of AI-driven policing.
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Sahil et al. (2025) studied this question.
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