Advanced International Journal of Multidisciplinary Research

E-ISSN: 2584-0487 •   Impact Factor: 9.11

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Article 21 in the Generative Era: Protecting Personal Identity and Privacy against AI Infringements in India

Author(s) Dr. Shashi Nath Mandal
Country India
Abstract The rapid deployment of Generative Artificial Intelligence (AI) and hyper-realistic synthetic media architectures has triggered deep disruptions within India’s constitutional landscape. Under Article 21 of the Constitution of India, the Right to Privacy stands as a sacrosanct fundamental right, protecting individual dignity and personal autonomy. However, technologies like deepfakes, voice cloning, and autonomous algorithmic profiling present severe threats by separating digital representation from true user consent. This research paper significantly expands upon current legal literature by examining the critical vulnerabilities within India's newly enacted and amended statutory matrix—including the Digital Personal Data Protection (DPDP) Act, 2023, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Bharatiya Nyaya Sanhita (BNS), 2023. Moving beyond localized issues, this paper introduces a thorough four-way comparative analysis with the regulatory regimes of the United Kingdom, the United States, and Canada. By evaluating risk-based, copyright-led, and consumer-welfare models alongside emerging Indian judicial precedents protecting celebrity 'personality rights,' this article outlines necessary statutory and institutional reforms required to safeguard human identity against automated infringement.
Keywords Artificial Intelligence, Deepfakes, DPDP, Cognitive liberty, Privacy, Identity Theft, Personal Liberty.
Discipline Other
Published In Volume 2, Issue 5, September-October 2024
Published On 2024-09-04
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