Legal Challenges of Artificial Intelligence in India’s Cyber Law Framework: Examining Data Privacy and Algorithmic Accountability Via a Comparative Global Perspective

Abstract

Artificial Intelligence (AI) has been quickly evolving and disrupted many domains such as cybersecurity, governance, law enforcement etc. But with this evolution comes several legal questions to consider, in many cases, the current laws just don't fit. The complexities surrounding AI technology, particularly regarding issues of algorithmic bias and automated decision-making, present new challenges for which the Information Technology Act, of 2000, was not originally designed. This research focuses on two critical factors that demand urgent attention: Algorithmic Accountability and Data Privacy. While algorithmic accountability concerns the need for transparency and the ability to trace decision-making processes, data privacy revolves around safeguarding personal information from unethical AI usage. The absence of clear provisions/interpretation addressing these two factors not only weakens the Indian legal regime but also threatens the protection of individual rights. To address these issues, this research provides a comparative analysis using global models, using information gathered from frameworks like the Algorithmic Accountability Act in the US and the AI Act in the EU. These frameworks have established worldwide guidelines for AI governance by introducing extensive procedures to control algorithmic bias/inaccuracy and enhance data privacy. On the other hand, India's legal system remains disorganized and does not have an effective strategy to address the special threats and capabilities of AI. In addition to legal reform, the research illustrates a more effective explanation of how AI might misuse data and encourage biases, particularly in a large and diverse culture like India. Thus, the research emphasizes the need for immediate and focused reforms to establish a strong framework for regulation that takes AI's complexities into account. This involves implementing strict data protection regulations and required transparency guidelines for AI systems to guarantee that AI technologies are developed and implemented responsibly, preserving digital rights and trust among individuals.