Author: Aneena Jose, Mar Gregorios College Of Law,Nalanchira,Thiruvanathapuram
To the Point
Artificial Intelligence ( AI) has rapidly transitioned from a futuristic concept to an everyday reality. From biometric authentication and facial recognition to predictive policing, targeted advertising, and automated governance, AI increasingly influences how individuals are identified, monitored, and assessed. At the core of these technologies lies data personal, behavioural, and sensitive information that collectively forms a digital representation of the individual. While AI promises efficiency, objectivity, and innovation, it also poses an unprecedented threat to personal autonomy and privacy.
In India, the constitutional protection of privacy flows from Article 21 of the Constitution, which guarantees the right to life and personal liberty. Informational privacy, a crucial facet of this right, safeguards an individual’s control over personal data. The pervasive use of AI challenges this protection by enabling large scale data collection, profiling, and surveillance, often without meaningful consent or transparency. This article critically examines the tension between Artificial Intelligence and informational privacy under Article 21, analysing judicial interpretations, constitutional principles, and the urgent need to balance technological advancement with fundamental rights.
Use of Legal Jargon
Artificial Intelligence operates within a framework of algorithmic governance, automated decision-making, and data-driven intelligence. Informational privacy, as recognised under Article 21, refers to the right of an individual to determine the extent, purpose, and manner in which personal data is collected, processed, stored, and disseminated. This right is The Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India constitutionalised privacy and articulated that informational privacy is essential to the meaningful exercise of personal liberty. Any infringement upon privacy must satisfy the tests of legality, legitimate State aim, and proportionality. AI systems frequently function through opaque algorithms and complex data architectures, resulting in informational asymmetry between data subjects and data controllers.Core privacy principles such as informed consent, purpose limitation,
data minimisation, and accountability become diluted in AI driven ecosystems.The decision making power is hidden from view further the concerns regarding arbitrariness, bias, and lack of procedural fairness, thereby threatening the constitutional guarantee of right to informational privacy under Article 21.
The Proof
Article 21 has evolved into one of the most dynamic provisions of the Indian Constitution. Judicial interpretation has expanded its scope far beyond mere physical existence to include the right to live with dignity, autonomy, and freedom from arbitrary State action. Informational privacy occupies a central position within this expanded understanding of personal liberty, particularly in a digital society where personal data has become a valuable resource.Artificial Intelligence exacerbates privacy concerns by enabling continuous, invisible, and large-scale data collection. Unlike traditional data systems, AI does not merely store information; it analyses patterns, predicts behaviour, and influences choices. This transformation of data into a tool of control poses serious constitutional risks.
Abstract
Artificial Intelligence has fundamentally transformed the digital ecosystem by enabling automated data collection and decision-making on an unprecedented scale. These technologies rely extensively on personal and sensitive data, raising serious concerns regarding informational privacy.
In India informational privacy has been recognised as a fundamental right under Article 21 of the Constitution, closely linked to dignity, autonomy, and personal liberty. This article analyses the constitutional implications of Artificial Intelligence on informational privacy, focusing on issues such as surveillance, consent, profiling, and algorithmic accountability. By examining landmark judicial pronouncements and constitutional doctrines, the article evaluates the adequacy of existing safeguards and argues for a rights based approach to AI governance that preserves fundamental freedoms in an increasingly data driven society.
Case Laws
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
A nine-judge bench unanimously held that the right to privacy is a fundamental right under Article 21. The Court recognised informational privacy as a core component of personal liberty and laid down the three-fold test of legality, legitimate aim, and proportionality. This judgment serves as the constitutional foundation for assessing AI-driven data practices.
People’s Union for Civil Liberties v. Union of India (1997)
The Supreme Court held that telephone tapping constitutes an invasion of privacy unless carried out according to a fair and reasonable procedure established by law. The principles laid down in this case are directly applicable to AI-based surveillance technologies.
Selvi v. State of Karnataka (2010)
The Court ruled that involuntary extraction of personal information violates personal liberty and mental privacy under Article 21. The judgment underscores the constitutional importance of consent, which is often compromised in automated AI systems.
R. Rajagopal v. State of Tamil Nadu (1994)
The Supreme Court recognised the right to privacy against both State and non-State actors. This judgment is particularly relevant in the AI era, where private corporations exercise significant control over personal data.
Maneka Gandhi v. Union of India (1978)
The Court held that any procedure depriving a person of personal liberty must be just, fair, and reasonable. This principle applies to AI-driven decisions that affect individuals without transparency or accountability.
Conclusion
Artificial Intelligence represents both progress and peril. While it offers immense benefits in governance, healthcare, and economic development, its data-centric nature poses serious threats to informational privacy under Article 21. The unchecked use of AI risks reducing individuals to data points, eroding autonomy, dignity, and personal liberty.
Judicial recognition of informational privacy as a fundamental right imposes a constitutional obligation on both the State and private actors to ensure that AI technologies operate within the bounds of legality, consent, transparency, and proportionality. As India advances towards an AI-driven future, constitutional values must guide technological development. Innovation cannot be allowed to override fundamental rights. Article 21 must continue to function as a living safeguard, ensuring that technological progress strengthens rather than diminishes human dignity.
FAQS
1. What is informational privacy under Article 21?
Informational privacy refers to an individual’s right to control the collection, use, and dissemination of personal data as part of the right to life and personal liberty.
2. Why does Artificial Intelligence is a threat to right to privacy?
AI relies on large-scale data processing, enabling surveillance, profiling, and automated decision-making without adequate transparency or consent.
3. Which case recognised informational privacy as a fundamental right first in India ?
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017).
4. Does Article 21 apply to private companies using AI?
Yes. The right to privacy applies against non-State actors, as recognised in R. Rajagopal v. State of Tamil Nadu.
5. How can privacy be protected in the AI era?
Through strong data protection laws, transparent algorithms, accountability mechanisms, judicial oversight, and adherence to constitutional principles.
