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ZENODO
Article . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
ZENODO
Article . 2025
License: CC BY
Data sources: Datacite
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Predictive Policing, AI Surveillance, and Privacy in India: A Legal Analysis under the DPDP Act 2023

Authors: Sahil; Dr. Shobhna Jeet;

Predictive Policing, AI Surveillance, and Privacy in India: A Legal Analysis under the DPDP Act 2023

Abstract

The integration of artificial intelligence (AI) into law enforcement, particularly through predictive policing and mass surveillance systems, represents a paradigm shift in crime prevention and public security in India. While promising efficiency, these technologies pose a profound threat to the fundamental right to privacy, enabled by the vast datafication of the Indian populace through projects like Crime and Criminal Tracking Network & Systems (CCTNS) and facial recognition networks. This paper provides a critical legal analysis of this emerging landscape in the context of India's newly enacted Digital Personal Data Protection Act, 2023 (DPDP Act). It argues that while the DPDP Act establishes a foundational framework for data protection, its provisions are critically ill-suited to regulate state-driven surveillance and predictive analytics. The analysis identifies key deficiencies, including: (1) the extensive exemptions granted to the State for "public interest" and "security" purposes, which create a significant carve-out for law enforcement activities; (2) the lack of robust safeguards against automated decision-making and profiling; and (3) the absence of independent, pre-emptive oversight mechanisms. The paper concludes that without significant legislative amendments and judicial interpretation that prioritizes a proportionality-based assessment, the DPDP Act risks becoming a legitimizing facade for a panopticon state, failing to adequately protect citizens from the privacy-invasive potential of AI-driven policing.

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Keywords

Predictive Policing, AI Surveillance, Data Protection, DPDP Act 2023, Privacy, Law Enforcement, India, Fundamental Rights, Automated Decision-Making

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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