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AI AND DATA PROTECTION: CHALLENGES IN AUTOMATED DECISION MAKING

AI AND DATA PROTECTION: CHALLENGES IN AUTOMATED DECISION-MAKING Introduction Artificial Intelligence (AI) is rapidly revolutionizing industries by automating decision-making processes in banking, healthcare, governance, and law. While AI-driven decision-making enhances efficiency and scalability, it also raises significant concerns regarding privacy, fairness, and accountability. India’s legal framework, particularly the Digital Personal Data Protection Act, 2023 (DPDP Act)[1], attempts to address these challenges, but its silence on AI-specific issues calls for a more comprehensive regulatory approach. This article examines the legal, ethical, and policy challenges of AI-powered automated decision-making (ADM) in India and proposes solutions for a balanced regulatory framework. The Privacy and Security Risks of AI Decision-Making AI systems require vast amounts of personal data to function, raising significant privacy concerns. In India, AI-driven ADM systems collect information from social media, financial transactions, and biometric databases like Aadhaar[1]. While these technologies improve service delivery, they also risk unauthorized access, data misuse, and mass surveillance. The DPDP Act, 2023, aims to protect personal data through consent-based collection and stringent penalties for non-compliance. However, it does not explicitly regulate AI-specific concerns such as algorithmic profiling, predictive analytics, and real-time surveillance. This gap leaves room for potential data breaches and misuse of sensitive information. Algorithmic Bias and Discrimination A significant challenge of AI-driven ADM is the risk of algorithmic bias[1], which can lead to unfair outcomes and discrimination. AI models learn from historical data, which often contains biases related to gender, caste, and socio-economic status. If unchecked, AI-based recruitment tools, credit-scoring systems, and facial recognition technology can reinforce discriminatory patterns, disproportionately impacting marginalized communities. Unlike the EU’s GDPR[1], which enforces transparency in AI decision-making, India’s legal framework does not explicitly address algorithmic fairness. The absence of clear mandates for fairness audits, bias detection, and data diversity standards increases the likelihood of systemic discrimination in AI-powered decision-making processes. Lack of Transparency and Explainability One of the most pressing concerns in AI and ADM is the lack of transparency. Many AI models operate as “black boxes,” making decisions without clear explanations. This opacity is particularly problematic in high-stakes sectors like healthcare, law enforcement, and finance, where AI-driven decisions can have life-altering consequences. The DPDP Act does not mandate AI explainability or grant individuals the right to challenge AI-driven decisions. Unlike Article 22 of the GDPR[1], which gives individuals the right to contest automated decisions, India’s legal framework lacks strong provisions for algorithmic accountability, leaving affected individuals with limited legal recourse. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. Legal Framework and Regulatory Challenges in India India’s current legal landscape for AI and data protection remains fragmented. The DPDP Act, 2023, establishes fundamental data protection guidelines but does not regulate AI-specific concerns. Other relevant laws include: Information Technology Act, 2000 (IT Act)[1] – Governs cybersecurity and data protection but lacks AI-specific provisions. Aadhaar Act, 2016[2] – Regulates biometric data collection but does not address AI-driven profiling. National Data Governance Framework Policy, 2022[3] – Facilitates data sharing for AI research while ensuring security. EU Artificial Intelligence Act (Comparative Perspective)[4] – Aims to classify AI systems by risk level and enforce transparency requirements, something India has yet to implement. India’s lack of a dedicated AI regulation leaves gaps in accountability, making it necessary for policymakers to introduce AI-specific guidelines for fairness, transparency, and accountability. Accountability and Ethical Responsibility A critical issue in AI-driven ADM is determining liability. When AI makes a flawed or harmful decision—such as rejecting a job application, denying a loan, or misdiagnosing a patient—who is responsible? The developer, the deploying organization, or the government? Currently, India does not have clear legal provisions assigning liability for AI-related harm[1]. Some legal experts propose a “human-in-the-loop” model, where AI decisions are subject to human oversight, particularly in sensitive domains. Others advocate for AI liability frameworks, ensuring that AI developers and users bear legal responsibility for algorithmic errors and discriminatory outcomes. Case Studies: AI and Legal Precedents in India and Beyond Legal actions against AI systems are rising globally. In India, ANI vs OpenAI is a landmark case where the Delhi High Court reviewed copyright claims against AI-generated content. Internationally, Microsoft, GitHub, and OpenAI have faced lawsuits over unauthorized data usage in AI training models[1]. While India has begun addressing AI-related disputes, it still lacks a robust legal framework to regulate AI-driven harm effectively. Strengthening regulatory policies is crucial to address AI’s evolving risks. The case was filled in the us courts against the Microsoft, GitHub and OpenAI for the violation of copyright. https://sustainabletechpartner.com/topics/ai/generative-ai-lawsuit-timeline/ The case has been filled in us and Europe by the artist, more than 8500 authors, and media organization for staling the work. https://www.techtarget.com/WhatIs/feature/AI-lawsuits-explained-Whos-getting-sued Mitigating Risks: Steps Towards Responsible AI To ensure AI is used responsibly in India, the following measures must be taken: Enact AI-Specific Regulations – Introduce laws addressing AI accountability, fairness, and transparency. Mandate Fairness Audits – Establish independent reviews to detect and mitigate algorithmic bias. Enhance Explainability Requirements – Require AI systems to disclose decision-making logic, especially in critical sectors. Align with Global Standards – Adopt best practices from GDPR and the EU AI Act to ensure AI compliance. Strengthen User Rights and Redressal Mechanisms – Provide legal channels for individuals to challenge AI decisions and seek redress. Improve Data Protection Measures – Implement stricter encryption, anonymization, and security protocols for AI-generated data. Increase Public Awareness – Educate individuals on their rights regarding AI-driven decisions and available legal protections. FACT OF CONCERN In all over the world, the cases in the courts against the AI is increasing day by day, especially in us, Europe and now even in India. Increase in the cases in the courts also increases the concerns for the privacy of the individuals. According to the google, 50% of the bank scams and fraud are done through the AI. When there is an ADM there is no any limit for

February 28, 2025 No Comments

Uncategorized

INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE

This article is about Intellectual Property Rights in the digital age and its development and protection in the digital age.

February 28, 2025 No Comments

Gender Equality

Pay,Policy&Parity: Women in the Gig Economy

the research explores gender pay gaps in India’s gig economy, highlighting wage disparities and systemic challenges faced by women. It examines factors like job instability, bias, and unequal opportunities that limit financial equality with emphasis on policy reforms to create a fair and inclusive gig workforce.

February 28, 2025 No Comments

Blog

WHISTLEBLOWING AND CORPORATE GOVERNANCE: STRENGTHENING ETHICAL COMPLIANCE

White-collar crimes, which range from insider trading and fraud to money laundering and cybercrime, cause significant financial and psychological harm to people, companies, and entire economies. Using laws like the Dodd-Frank Act and the Bribery Act, nations including the United States, the United Kingdom, and Singapore have created stringent legal structures to tackle these crimes. India continues to grapple with significant challenges related to enforcement, the protection of whistleblowers, and corporate accountability. In this context, could innovative technological solutions such as blockchain and artificial intelligence provide viable answers?
Consider the notorious Enron scandal, which serves as a quintessential example of corporate malfeasance. Executives engaged in the manipulation of financial records, concealing billions in liabilities while deceiving investors. The repercussions of this scandal resulted in one of the most substantial bankruptcies in history and spurred essential regulatory reforms, including the Sarbanes-Oxley Act, which was designed to improve financial transparency.
This paper intends to delve into the nature of white-collar crime, examining its ramifications and the associated corporate liability. By scrutinizing international legal frameworks and enforcement strategies, it aims to identify the strengths and weaknesses of current legislation and investigate potential reforms that could enhance accountability within the corporate sector.

February 28, 2025 No Comments

Health

THE IMPACT OF COVID-19 ON HEALTHCARE INEQUITIES:- Assessing the long-term Economic consequences on Vulnerable Population

HEALTHCARE ECONOMICS THE IMPACT OF COVID-19 ON HEALTHCARE INEQUITIES:- Assessing the long-term Economic consequences on Vulnerable Population By:- Sheetal Ayush Burnwal Zaheen Qureshi Sanjula D Pankhudi Jha INTRODUCTION The first whispers about an obscure virus were heard in Wuhan, China. A few months later, it began to spread, accompanying the number of cases contaminated rising swiftly and comprehensively in domains of the world for fear that on March 11, 2020, the WHO regularly announced the new affliction as a worldwide universal. The disease has a development ending from two to fourteen days but generally remains asymptomatic. If indicative, the universal signs and symptoms noticed include turmoil, dry cough, shortness of whiff, proneness, neck sensitivity, restlessness, and in harsh cases leads to severe respiratory distress syndrome and pneumonia that in decay can finish in multiple means of loss and certainly death. The harsh performance of affliction was majorly seen in toddlers and aging old people. Many measures were taken to stop the affliction i.e. seclusion, quarantine of distrust, tight infection administration conduct, contact security measures, and social passing. In reference to this healthcare inequities may be delimited as differences in healthcare rank or the disposal of well-being resources between various populace groups, arising from public environments at which point people are innate, evolve, live, work, and age. Health inequities are prejudiced and could be weakened for one right join of government tactics. A big culture, variations in possessions across domains, and a feeble community health system in India formal a challenge in conditions of momentary and preparedness to handle a quickening caseload.16 In conditions of available capital, from the 3.6% GDP expense in healthcare, only 1.5% is apiece Government, and households carry more than 2%, that is to say, 65% of payment is out of pocket.12 The system working, when COVID hit, was accordingly underprepared to deal with this crisis. The risk of harsh complexities from COVID-19 is higher for certain unsafe people, particularly the ones who are retired, frail, or have diversified never-ending environments. The other susceptible group is made apiece stranded, weak, regular traders as the ever-growing strength cost keeps aggressive those just above the poverty line back into want. Vulnerable societies were individual big groups in India, labeled all along COVID. OBJECTIVE To examine healthcare inequities from a multidimensional lens of economics, in the aftermath of COVID-19. HEALTHCARE INEQUITIES India however confronts many difficulties in providing equitable healthcare to all due to its large population. Healthcare inequities are influenced by a number of factors such as socioeconomic status, regional differences, inadequate healthcare facilities, gender stereotypes, etc. These inequities produce systematic disadvantages and cause disparities among different sections of the population. The rural population often prefers public health because it provides them with the most accessible and affordable healthcare option, as they typically lack the financial means to access private healthcare services, which are often more expensive and may not be readily available in their communities. It is, therefore, the public health system that serves the majority of India’s vulnerable rural population. Nearly 75 percent of health-related infrastructure, medical workforce, and other health resources are concentrated in urban areas, where only 27 percent of the population resides. This leaves the poorest segments of the population in rural areas facing numerous access barriers. Providing well-equipped public healthcare becomes quintessential in reducing inequities between the rural and the urban. It is therefore important to have a strong and effective public healthcare system as the rural population’s access to basic health services is mainly through primary healthcare centers which is widely regarded as the most inclusive, equitable, and cost-effective way to achieve universal health coverage. PHCs in India are understaffed as more than 37% of the health assistant positions, 34% of laboratory staff and 21% of nurse positions are vacant. There is widespread absenteeism among healthcare workers in PHCs. Due to poor management and ill-equipped services provided by PHCs, the rural population is forced to seek services from the private sector, causing more financial complications and widening the rural-urban gap. One of the main challenges is that health spending in India is mostly out-of-pocket. OOP health expenditure imposes an extreme financial burden on households because the fees and cost of treatment are very high in private facilities and unaffordable for people earning low incomes. OOP expenditure on health is one of the biggest reasons for people falling into poverty in India. Nearly 70% of hospitals and 40% of hospital beds are private. Health insurance is largely private, and the urban poor cannot afford private care. The Indian healthcare budget is inadequate; the total healthcare expenditure was at only 1.3% of gross domestic product in 2021, which is the lowest in the BRICS group. There is a disparity in the availability of infrastructure and resources between rural and urban areas in India. Evidence points out that among all health workers, 67% were serving in urban areas where 33% of the population is based; and 33% were serving in rural areas where 67% of the population resides. India has approximately 860 beds/million population as compared to WHO’s estimate of the world average, which is 3,960 beds/million population, proving that our healthcare infrastructure is seriously lacking. Gender stereotypes and inequalities can also impact access to healthcare, particularly for women. Cultural norms may limit women’s autonomy in making health decisions, leading to delays in seeking care or requiring approval from male family members. Additionally, gender-based discrimination and violence can further hinder women’s access to medical services. Women and elderly patients often rely on family support to reach healthcare facilities and may need permission before spending money on treatment, taking tests, or attending follow-up appointments. India is a major hub for private health tourism. Private hospitals in India are seeing an influx of patients. India ranks among the top 20 countries in terms of private expenditure on health in percent GDP terms – around 4.5-5 percent of GDP. The extra revenue

February 28, 2025 No Comments

Decent Work and Economic Growth

The ethics of transitioning to low Carbon, Sustainable Future in the Construction industry.

The ethics of transitioning to low Carbon, Sustainable Future in the Construction industry. ABSTRACT The global demand for sustainable materials is increasing, yet ethical sourcing remains a major challenge. Ethical sourcing ensures that materials are procured responsibly, with minimal harm to people and the environment. This paper explores key principles of ethical sourcing, the challenges faced by industries, and best practices for achieving transparency and accountability in material procurement.The study highlights sustainable materials, such as certified timber, recycled metals, and bio-based materials, while examining global certifications (e.g., FSC, Fair Trade, LEED) that regulate ethical sourcing. Challenges such as green washing, high costs, and supply chain complexity are also discussed. Finally, the paper provides solutions for improving supply chain transparency, stakeholder collaboration, and regulatory compliance.Findings suggest that companies that adopt ethical sourcing strategies not only reduce environmental impact but also enhance brand reputation, build stronger partnerships, and attract ESG-conscious investors.Keywords: Ethical sourcing, sustainable materials, supply chain transparency, ESG compliance, green procurement, circular economy INTRODUCTION The construction industry contributes positively to the Gross Domestic Product (GDP) of both developed and developing countries in addition to the industry`s capacity as a reliable employer. The relationship between the environment and construction industry can be said to be symbiotic since the industry relies heavy on the environment for inputs. According to Ugochukwu et al. (2015) construction inputs also determine the success of a project, where a shortfall affect both the quality and time of project completion. The construction industries heavily depend on raw materials, yet their sourcing methods often involve unethical practices such as illegal deforestation, exploitative labor, and excessive carbon emissions. Ethical sourcing of sustainable materials ensures that materials are obtained responsibly, with fair labour conditions, environmental conservation, and economic sustainability. The construction industry has started over exploitation of natural resources in order to meet the exponential demand.Developing countries face unique challenges, including weak institutions, rapid population growth, social injustice, political instability, and deficits in housing and infrastructure (Ofori, 1998; du Plessis, 2007). These issues hinder sustainability in the construction sector. Lehmann (2013) highlighted that construction significantly contributes to global greenhouse gas emissions, causing inefficiencies and high energy use. MIT (2013) warned that CO₂ levels, already at 478 ppm, are worsened by other greenhouse gases. Sev (2009) also noted that resource consumption in Sub-Saharan countries is unsustainable, requiring a pragmatic approach to manage limited resources.In addition, huge amount of Construction and Demolition waste (CD waste) being generated every year across the world is sent to land fill as dumps causing numerous environmental problems. The CD is waste generated during various construction activities such as site clearance, excavation, renovation, demolition, natural and man-made disasters, road construction. It includes different types of materials such as Earth, stone, sand, mixed soil during excavation, contaminated wood, bricks, tiles, concrete with or without reinforcing materials, insulation and roofing materials, salvaged building components, plumbing fixtures, asphalt during road repair and other waste materials. (Gupta et al.,2010)Unquestionably, the outcome of the Brundtland Report in 1987, the reports of the Rio de Janeiro and Johannesburg meeting as well as other recent efforts such as the Agenda 21 for sustainable construction have all contributed significantly to the global effort in achieving sustainable development. The most widely accepted view of sustainable development is that of the World Conference Environment and Development (1987), which views it as “Development that meets the needs of the present without compromising the ability of future generations to meet their own needs”With growing consumer awareness and global sustainability commitments (e.g., the Paris Agreement, UN Sustainable Development Goals), companies face increasing pressure to adopt transparent and ethical sourcing practices. However, challenges such as greenwashing, supply chain opacity, and regulatory inconsistencies continue to hinder progress. This paper explores:What ethical sourcing means and its importance in sustainability.Key challenges faced in ethical material procurement.Best practices in industries transitioning to responsible sourcing.Policy recommendations and technological solutions to enhance ethical sourcing. LITERATURE REVIEW Sustainable Construction Sustainable construction has gained significant attention in academia and industry as a response to ecosystem degradation and unequal resource use post-World War II (Dania et al., 2013). Bourdeau (1999) noted that calls for sustainability pushed the construction industry to adopt measures such as efficient energy use, waste reduction, and minimizing environmental impact (Pearce et al., 2012).This led to global initiatives, including Agenda 21 for Sustainable Construction (CIB, 1999). However, developing countries criticized its lack of inclusivity in the planning process (du Plessis, 2007; Ofori, 2007), prompting the creation of Agenda 21 for Sustainable Construction in Developing Countries (Dania et al., 2013). Despite this, progress remains limited due to political inertia and weak institutional frameworks. What is Ethical Sourcing? Raw materials are important to produce construction materials to meet ecological and socio-economic targets for the Sustainable Development Goals (Mancini & Nuss, 2020). Ethical sourcing covers issues relating to corporate social responsibility, sustainability reporting and ethical sourcing is a responsible supply chain approach that ensures: Fair labor conditions (no child labor, forced labor, or wage exploitation). Environmental conservation (sustainable forestry, low-carbon extraction, minimal waste). Legal and ESG compliance (adhering to industry regulations and ethical trade policies) According to Carter & Rogers (2008), ethical sourcing must balance profitability with corporate responsibility, ensuring that business operations do not exploit workers or harm ecosystems. The concept of ethical sourcing has only just begun to emerge as a reaction to the government`s approach on sustainability implementation in the construction industry.Ebohon and Rwelamila (2001) maintain that resources production pattern pollutes the rivers and other water bodies in addition to

February 28, 2025 No Comments

Responsible Consumption and Production

Environmental Values on Consumer Behaviour: A Case Study of ‘Bring Your Own Shopping Bag Policy”

The research article explores the impact of the “Bring Your Bag” (BYOB) policy on consumer behaviour, emphasizing its role in minimizing plastic waste and promoting sustainability. From the point of a case study, the article examines how consumer value influences shopping behaviour, providing insights into the effectiveness of BYOB policy and future developments.

February 28, 2025 No Comments

Public Policies

BREAKING BARRIERS: WOMEN IN BUSINESS

Women’s entrepreneurship drives economic growth and promotes gender equality in India. Despite this, many women face financial and digital hurdles that hinder their involvement. Initiatives from the government, such as Stand-Up India and Mahila e-Haat, aim to provide financial support and access to digital marketplaces, helping women entrepreneurs thrive. This study uses various cases to illustrate these programs’ positive effects while addressing ongoing challenges like financial illiteracy and bureaucratic barriers. To overcome these challenges steps like financial inclusion, digital literacy, and mentorship opportunities, can be taken to empower women-led businesses and create a more inclusive economy.

February 28, 2025 No Comments

Public Policies

INTERSECTION OF FARM LAWS AND FARMERS: BALANCING REFORMS, RESISTANCE AND SUSTAINABILITY

This study explores the impact of India’s 2020 farm laws on farmers, examining the reforms, resistance sparked, and their broader implications for agricultural sustainability. These laws aim to modernize the sector by increasing market freedom and reducing government control. Supporters believed it would empower farmers by providing more selling options, while critics feared it would favor big corporations and undermine Minimum Support Price (MSP) protection. Massive protests led to the laws being repealed in 2021, highlighting farmer concerns.

February 28, 2025 No Comments

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