The Future of Artificial Intelligence: A Legal Perspective on What Lies Ahead

Author: Tanya Bharti, Bharati Vidyapeeth New Law College, Pune

Abstract

Artificial Intelligence (AI) is no longer an abstract idea reserved for laboratories and science fiction novels. It is now deeply embedded in our everyday lives—from the smartphones we use to the government systems that process data about us. AI has taken massive leaps in the past decade, and its progress shows no signs of slowing down. But as AI systems become more capable and autonomous, they also introduce novel legal and ethical challenges.

This article explores how the future of AI is intertwined with the law. Through a detailed discussion on current legal frameworks, constitutional protections, court cases, and international developments, we uncover the profound impact that AI is likely to have on individual rights, liability principles, and global governance. This is not just a technological revolution; it’s a legal one too.




To the Point:

Artificial Intelligence (AI) is advancing faster than our legal systems can adapt. It is now being used to make decisions in almost every sector from healthcare, finance, and education to criminal justice and public administration. These decisions are not always minor or technical; many directly affect people’s lives, such as who gets hired, who receives a loan, or who is flagged by law enforcement. This growing reliance on AI brings with it a host of legal challenges. One of the most urgent concerns is accountability if an AI system causes harm, who should be held responsible? Traditional legal doctrines like vicarious liability and product liability are being tested in entirely new ways. There’s also the pressing issue of algorithmic bias. AI systems trained on flawed or biased data can lead to unfair discrimination against certain groups, raising constitutional concerns under the right to equality. Privacy is another major concern; AI-powered surveillance tools, like facial recognition, are increasingly used by both governments and corporations, often without individuals’ knowledge or consent. This has serious implications for the fundamental right to privacy, especially after the Supreme Court of India’s recognition of this right in the Puttaswamy judgment. Furthermore, when AI is used in public governance say, for welfare distribution or predictive policing it must uphold due process and procedural fairness. Otherwise, affected individuals may not have the opportunity to challenge or understand the decisions made against them. Lastly, the use of generative AI, which creates new content without human input, poses difficult questions about intellectual property rights, authorship, and ownership. In short, the legal system is being challenged at multiple levels by the rise of AI. The future of AI is not just about innovation it’s also about whether our laws can protect individual rights while guiding the ethical use of this powerful technology.


2. Use of Legal Jargon

To understand the legal implications of AI, it’s essential to examine how it interacts with existing legal doctrines and terminologies:

a. Respondeat Superior

This is a principle in tort law which holds employers liable for the actions of their employees done in the course of employment. The question now is—can the actions of AI systems (especially those operating independently) be linked to their creators or users under this doctrine?

b. Mens Rea & Actus Reus

Criminal liability rests on the dual concepts of actus reus(guilty act) and mens rea(guilty mind). AI has no consciousness, so attributing mens rea to an algorithm is currently legally impossible. However, the use of AI in criminal acts (e.g., deepfakes, cyberattacks) still demands legal attention.

c. Due Process & Article 14

When AI is used by government agencies to make decisions (say, in welfare schemes, tax scrutiny, or surveillance), it must not violate Article 14 (equality before the law) and Article 21 (right to life and personal liberty) of the Indian Constitution. The same applies to the 5th and 14th Amendments in the U.S., ensuring fair procedures and protection of civil liberties.

d. Data Fiduciary Obligations

Under data protection regimes like India’s Digital Personal Data Protection Act, 2023(DPDP) and the EU’s General Data Protection Regulation (GDPR), organizations that collect and process personal data are seen as fiduciaries. They are expected to act in the best interest of data principals (i.e., users), including those affected by AI systems.

e. Intellectual Property (IP) Law

AI can now compose music, write books, and generate art. But IP law typically protects creations with human authorship. The legal status of AI-generated content is still unresolved in many jurisdictions.



3. The Proff (Proof)

AI in Policing

India’s police forces have begun using AI-based facial recognition software. For example, during the CAA protests in Delhi, the police used this technology to identify and track protesters. Civil rights activists criticized this as a violation of the right to privacy and free expression. If AI systems used by the State misidentify someone, the result could be wrongful arrests or surveillance, raising serious concerns under Article 21.

Autonomous Vehicles

Self-driving cars are now being tested in the U.S., Europe, and even in limited Indian trials. When an autonomous vehicle causes an accident, legal systems must figure out who is liable the car owner, the manufacturer, the software developer, or a combination?

Generative AI

Tools like ChatGPT and Midjourney are being used by businesses, writers, students, and even lawyers. These tools can write legal drafts, create art, and even compose music. However, if AI content is defamatory, plagiarized, or misleading, who bears the responsibility?

Employment and Algorithms

Many companies use AI in hiring processes. But if an algorithm is trained on biased data and ends up favoring one group over another, it could violate anti-discrimination laws and constitutional principles of equal treatment.


4. Case Laws

Let’s look at key legal precedents that are shaping the legal framework for AI:

Justice K.S. Puttaswamy v. Union of India (2017)

10 SCC 1 (2017) According to the Supreme Court of India, Article 21 guarantees the right to privacy as a fundamental right. AI is directly impacted by this, particularly when it is applied to data profiling, surveillance, or consent-less decision-making

State v. Loomis (2016), Wisconsin, U.S.

In this case, a sentencing algorithm was used to recommend punishment for a convict. The defendant argued that he could not challenge the result as the algorithm was a trade secret. The court upheld the use, but the case sparked global debate about transparency and fairness in AI-led criminal justice.

Schrems II (European Court of Justice, 2020)

The court ruled that the data-sharing agreement (Privacy Shield) between the EU and the U.S. was invalid because U.S. law didn’t sufficiently protect EU citizens’ data. AI-driven surveillance was one of the central concerns, showing the need for international AI data protection standards.

Toyota v. Williams (U.S. Supreme Court, 2002)

Though not directly about AI, this case clarified how workplace accommodations must consider systemic bias—relevant when AI hiring tools embed gender, racial, or ableist biases in recruitment.

Canadian Supreme Court in Bedford v. Canada (2013)

This case emphasized that government regulations should not put individuals at unnecessary risk or violate personal liberty—critical when governments deploy AI in sensitive areas like health and welfare.

5. Conclusion

There’s no denying it—AI is going to change the way we live, work, think, and govern. But that change doesn’t come without its problems. If we don’t act now to put strong legal protections in place, AI could end up undermining our privacy, freedom, and even our safety.

The legal system must evolve on multiple fronts:

Regulatory Clarity: Laws must specify the rights and responsibilities of AI developers, users, and third parties affected by AI decisions.
Ethical Guidelines: Governments and companies must follow ethical principles like transparency, accountability, and human oversight.
Judicial Interpretation: Courts must take a progressive view of constitutional rights in the context of AI deployment.
Public Awareness: The average citizen must be educated about how AI systems work and how to seek redress when things go wrong.

With initiatives like the National Strategy on Artificial Intelligence (NITI Aayog)and proposed rules under the Digital India Act, India is moving forward. Globally, UNESCO’s ethical guidelines, the EU AI Act, and OECD norms are positive moves.

But we must do more. We need to ensure that AI complements humanity rather than controls it. We must ensure that it works with us, not against us.

6. FAQS

Q1: Can an AI be held legally responsible for wrongdoing?

Answer: Currently, AI systems do not have legal personality, so they cannot be directly sued or charged. Liability usually falls on the human or corporate entities behind them. However, future laws may explore giving advanced AI systems a limited legal status, similar to that of corporations.
Q2: Can works produced by AI be protected by copyright?
Answer: Only works with human authorship are protected by copyright laws in the majority of countries. This implies that until a human asserts ownership through creative input or editing

Q3: How can we ensure AI does not discriminate?

Answer: The key lies in algorithmic transparency, diverse training data, and strong anti-discrimination laws. Courts and regulators must review AI systems for bias, especially in high-stakes areas like employment, credit, housing, and criminal justice.

Q4: What if AI violates my privacy?
Answer: Under the DPDP Act, 2023, and international laws like GDPR, you have the right to be informed, to access your data, and to request corrections. If AI systems violate these rights, the companies behind them can be penalized.

Q5: Is there a global framework for regulating AI?

Answer: No binding international treaty exists yet. But several soft-law instruments like the OECD AI Principles, G20 AI Principles, and UNESCO guidelines offer a starting point for responsible global AI governance.