Privacy and AI: Urgent Legal Reforms

Exam-Focused Notes on Privacy, AI, and Cybercrime in India

Constitutional References

• Puttaswamy Judgment (2017): Established the right to privacy as a fundamental right under Article 21 of the Indian Constitution.
• Recognition of Transgender Rights: Supreme Court recognizes transgender persons as the “third gender” entitled to equal rights, including protection from discrimination.

Legislation

• Information Technology Act, 2000: Governs cyber activities and includes provisions related to privacy and data protection.
• Digital Personal Data Protection Act, 2023: Aimed at enhancing data protection and privacy for individuals in the digital space.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rule, 2025: Updated guidelines concerning the responsibilities of digital platforms regarding user privacy and misinformation.

Judicial Duties and Requirements

• Proposed need for a dedicated law addressing Non-Consensual Intimate Image Abuse (NCII), which focuses on the specific legal responsibilities of platforms and creators of AI content, in light of rising deepfake use.

Government Actions

• Standard Operating Procedures (SOPs) issued on November 11, 2025, by the Ministry of Electronics and Information Technology:
  • Mandates removal of NCII content within 24 hours of reporting.
  • Initiates safeguarding digital dignity for women and establishes platforms for reporting complaints.

Social Issues and Challenges

• Increasing instances of cyber harassment, particularly deepfake pornography, targeting primarily women and transgender individuals.
• Rising incidents of NCII make it essential to understand the social stigma and victim-blaming that prevent reporting and adequate legal redressal.
• Lack of contemporary data on cybercrimes as National Crime Records Bureau (NCRB) lacks specificity in categorizing types of cybercrime, which inhibits effective legal and policy responses.

Economic and Cybercrime Statistics

• Data on NCII and other forms of cyberbullying remain largely unavailable: Right to Information requests illustrate barriers in State-level data collection, highlighting the decentralized nature of law enforcement responsibility.

Awareness and Education Initiatives

• Significant gaps in digital literacy among potential victims, particularly young women, leading to underreporting of offences like voyeurism and deepfake harassment.
• Emphasis on the necessity for victim-centric legal mechanisms, police training, and public awareness campaigns to improve understanding of rights related to cybercrime.

Proposed Measures for Improvement

• Development of a gender-neutral legal framework that addresses the unique vulnerabilities of all affected demographic groups, especially the transgender community.
• Strengthening of procedural safeguards, traceability mechanisms for digital content, and enforcement capabilities of law enforcement agencies.

Conclusion

The landscape of privacy and cybercrime in India is evolving with the rise of AI technologies. While recent SOPs represent initial steps towards protecting individuals from NCII, comprehensive legal frameworks, increased digital literacy, and systemic accountability are crucial for effective governance in this domain. Enhanced awareness, sensitization of authorities, and victim-centric legal reforms are essential to combat the pervasive nature of technological abuse and ensure equitable rights under the law.