Answer

AI-powered surveillance refers to the integration of artificial intelligence technologies with tools like cameras, sensors, and data-collection devices to monitor, analyze, and respond to activities in real-time or from recorded data. These systems enhance traditional surveillance by enabling automated decision-making, improving security, ensuring compliance, and optimizing operational efficiency, but also pose challenges to privacy rights and civil liberties.

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AI Surveillance: Balancing Security with Privacy and Civil Liberties

Enhanced Security and Governance

• Crime Prevention: AI-based systems such as facial recognition and predictive analytics enable real-time identification of threats and quicker responses by law enforcement agencies.
  For example: The Delhi Police uses AI to monitor public spaces and prevent crimes through proactive crime patrols.
• Improved Data-Driven Welfare Delivery: AI facilitates targeted implementation of public welfare schemes by analyzing demographic data and identifying underserved communities.
  For example: Hyderabad’s integration of AI with welfare databases like “Samagra Vedika” streamlines resource distribution.
• Enhanced Border and Infrastructure Security: AI-powered satellites and surveillance technologies help secure critical infrastructure and monitor borders effectively.
  For example: India’s plan to deploy 50 AI-powered satellites strengthens disaster response and national defense.
• Efficient Urban Management: AI applications, such as CCTV networks, optimize resource allocation in policing and urban governance, ensuring better management of public spaces.
  For example: AI-powered surveillance in railway stations improves safety and management.

Challenges to Privacy and Civil Liberties

• Indiscriminate Data Collection: AI systems often engage in “dragnet surveillance”, collecting data from all individuals, not just suspects, undermining informational privacy.
  For example: Telangana Police accessed databases from welfare schemes without clear safeguards or transparency.
• Lack of Transparency: The absence of public disclosure on how data is collected, processed, or stored raises concerns about accountability.
  For example: Facial recognition deployments in Delhi lack publicly available guidelines on data usage and storage.
• Potential for Overreach: Broad exemptions under the Digital Personal Data Protection Act (DPDPA) allow the government to bypass consent requirements, risking abuse of surveillance powers.
  For example: Section 7(i) of the DPDPA, 2023 enables data processing for employment purposes without adequate oversight.
• Discrimination and Bias in AI Models: Errors and biases in AI algorithms can lead to discriminatory practices, disproportionately impacting marginalized communities.
  For example: Inefficient facial recognition tools have shown higher rates of false positives among certain demographics.
• Erosion of Trust in Governance: The lack of safeguards and public oversight fosters mistrust, as citizens remain unaware of how their personal data is being handled.
  For example: The Hyderabad data breach highlighted the misuse of citizen information by law enforcement agencies.

Adequacy of India’s Current Regulatory Framework

Strengths

• Recognition of Privacy as a Fundamental Right: The K.S. Puttaswamy judgment (2017) recognized privacy as integral to Article 21, requiring proportionality and legality for data intrusion, guiding AI surveillance under constitutional norms.
• Introduction of the DPDPA (2023): This Act aims to regulate data processing, mandating consent-based frameworks and providing grievance redress mechanisms for misuse of personal data. 
• Focus on Accountability: The DPDPA requires entities handling data to appoint Data Protection Officers (DPOs) and establish systems for redressing privacy violations.

Weaknesses

• Broad Government Exemptions: The DPDPA allows the government to bypass consent for data processing under vague clauses, creating room for overreach.
• Absence of AI-Specific Legislation: India lacks comprehensive laws regulating AI technologies, unlike the EU, which has a risk-based framework.
• No Independent Oversight: Surveillance activities lack judicial or third-party review, increasing the likelihood of misuse.
• Delayed Digital India Act: Despite promises to regulate AI under this Act, no draft legislation has been introduced, leaving a regulatory void.

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Measures for a Comprehensive Legal Framework

• Transparency in Data Practices: Mandate public disclosure on what data is collected, why it is collected, and how it is stored or shared, ensuring accountability in surveillance activities.
  For example: Similar provisions under the GDPR require organizations to provide detailed privacy notices.
• Proportionality and Risk-Based Regulation: Introduce risk categorization of AI applications, restricting high-risk activities like real-time biometric identification in public spaces.
  For example: The EU’s Artificial Intelligence Act prohibits high-risk AI applications unless justified under strict safeguards.
• Independent Oversight Mechanisms: Establish judicial or third-party bodies to review and monitor surveillance activities, ensuring adherence to privacy laws.
  For example: The United States uses the Foreign Intelligence Surveillance Court to oversee intelligence-related activities.
• Narrow and Specific Exemptions: Restrict government bypass of consent to specific cases with mandatory oversight, transparency, and independent approvals for public interest exemptions to prevent misuse.
• Bias Mitigation in AI Systems: Conduct regular audits of AI algorithms to detect and eliminate biases, ensuring fairness and preventing disproportionate targeting of marginalized groups.

A balanced regulatory framework with transparency, proportionality, and independent oversight is essential to ensure that AI technologies serve public interest without undermining constitutional principles. By embedding privacy protections into infrastructure and decision-making, India can responsibly harness AI for a secure and equitable future.

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