to privacy spans several centuries. Numerous legal and societal developments are
involved. Ancient societies like Greece and Rome, where people were required to
keep their personal concerns confidential, are where the idea of privacy first emerged.
The stepping stone to a right to privacy, Brandeis and Warren asserted, was what they
described as a then-existing common law right for a person to decide if, when, and
to what extent his “thoughts, sentiments, and emotions [would] be communicated to
others.12” In the 1960s, the right to privacy took on a new dimension with the rise of
the civil rights movement and the feminist movement. These movements sought to
expand the definition of privacy to include the right to personal autonomy, freedom of
choice, and control over one’s own body.
The problem of privacy protection has been made more difficult by the interconnectedness of AI systems that optimise every element of our lives, including
our genomes, faces, finances, emotions, and environment. As the digital world
expands, there is an increased risk of cybercrime, online abuse, and challenges to
civil freedoms. Traditional laws and constitutional principles have been put to the
test by the digital age, and there is a rising demand for new legal frameworks that can
take these changes into account. The proliferation of AI technologies has impacted
most of the spheres of our lives. ‘A significant impact of AI is its potential to amplify
discrimination and undermine the right to fair treatment. Many AI systems have been
shown to exhibit biased decision-making based on data inputs that reflect societal
prejudices. In addition, data-driven systems can perpetuate biases and marginalise
the social control mechanisms that govern human behaviour’.1313 The novel phase of
Internet governance may deeply shake the current architecture of rights and freedoms.
Legal Framework
In India, the protection of privacy is mandated by numerous piecemeal judicial and
legislative developments in the lack of statutory law. India does not have a specific,
comprehensive law dedicated solely to the right to privacy. However, the right to
privacy is recognised as a fundamental right under Article 21 of the Indian Constitution.
The constitutional right to privacy in India is subject to a number of restrictions. These
restrictions have been culled out through the interpretation of various provisions and
judgements14 of the Supreme Court of India. The Indian judiciary has consistently
upheld the right to privacy as an integral part of the right to life and personal liberty.
The right to life within Article 21 is freely interpreted and, therefore, it includes all
aspects of life that make a person’s life more meaningful and the right to privacy is
one of these rights. This issue was first raised in Kharak Singh v. the state of U.P,15
Samuel D. Warren and Louis D. Brandeis, 4 HARv. L. REv. 193 (1890)
CJI DY Chandrachud, speaking at the 60th Convocation Ceremony of Indian Institute of Technology
(IIT), Madras
14
Maneka Gandhi v. Union of India, AIR 1978 SC 597
15
AIR 1963 SC 1295
12
13
Journal of the National Human Rights Commission, Vol. 22, 2023
87
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