Artificial intelligence (AI) has changed the whole scenario of surveillance
and monitoring systems across the globe, including India, for public safety
management. This chapter elaborates on the legal paradigms that govern AI-based
surveillance technologies and their implications thereof for privacy and civil liberties,
examining how regulations aim to balance the security and freedoms of citizens. It
concentrates on some of the most important global legal frameworks, beginning with
the General Data Protection Regulation by the European Union, which imposes strict
rules on the processing of data, especially regarding biometric data, and then examines
surveillance law in the UK, as well as various other state laws in the US that attempt to
address problems posed by AI technologies. The Information Technology Act of 2000
and the proposed Data Protection Bill of 2019 are both important legislative
instruments, which are discussed in this chapter. As the principle of enhancing data
privacy and regulating personal information within surveillance systems is upheld, this
chapter examines the Motor Vehicles (Amendment) Act of 2019, along with recent
updates on traffic monitoring. It also emphasizes recent court decisions that shape the
legal landscape under AI surveillance in India. This chapter highlights the courts'
position when balancing the rights of privacy with the demands of state security while
also exploring ethical concerns, such as algorithmic bias and issues related to consent.
It then concludes by describing the enforcement challenges that regulators face related
to AI. Technological advancements often outpace legal systems, creating potential
loopholes or opportunities for misuse. Legal reforms are thus a measure to be
implemented to address the issues and prepare for possible future developments in AI.
Keywords: Algorithmic bias, AI compliance, Data protection bill, General data protection regulation (GDPR), Government liberty, Information technology act, Investigatory powers act, Regulation, Surveillance.
