Automated Profiling, Privacy Rights, and Gaps in India’s DPDP Act 2023

@article{1717032,
      author = {Abhinav Singh, Dr. Taru Mishra},
      title = {Automated Profiling, Privacy Rights, and Gaps in India’s DPDP Act 2023},
      journal = {Iconic Research And Engineering Journals},
      year = {2026},
      volume = {9},
      number = {10},
      pages = {3521-3532},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1717032.pdf},
      abstract = {The rapid proliferation of artificial intelligence and algorithmic decision-making systems in India has created an urgent need for robust legal frameworks that protect the fundamental right to privacy. The Digital Personal Data Protection Act, 2023 (DPDP Act), India’s first comprehensive data protection legislation, represents a landmark legislative response to the constitutional mandate established by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). This paper examines the intersection of algorithmic decision-making, the DPDP Act, and the right to privacy in India. It critically evaluates the Act’s provisions, their adequacy in addressing algorithmic harms, and the regulatory gaps that persist. The paper argues that while the DPDP Act marks an important step forward, it falls short of providing a comprehensive framework for algorithmic accountability, and that India urgently requires a dedicated AI regulatory architecture to protect citizens’ fundamental rights in an increasingly automated world.},
      keywords = {Algorithmic Decision-Making, Digital Personal Data Protection Act 2023, Right to Privacy, India, Artificial Intelligence, Data Fiduciary, Significant Data Fiduciary, Puttaswamy Judgment.},
      month = {April},
      doi = {https://doi.org/10.64388/IREV9I10-1717032}
  }