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VOL. 12, ISSUE 2 (2026)
Right To Privacy As A Human Right In The Digital Age comparative models, Ai Governance and International Human Rights
Authors
Sheela Kumari
Abstract
Building on the recognition of privacy as a fundamental
right in Indian constitutional law, this second part examines how different
constitutional systems and international regimes conceptualise and protect
privacy in an era of digital transformation. It analyses the European Union’s strong
regulatory framework under the GDPR and the Artificial Intelligence Act, and
compares this with privacy protections developed in Canada, Australia, the
United Kingdom, and South Africa, with particular focus on the central role of
proportionality and independent oversight of surveillance powers. The article then
turns to emerging privacy risks generated by artificial intelligence and
algorithmic governance, including large‑scale profiling, systemic opacity,
discriminatory outcomes, and automated decision-making, and evaluates how far
current Indian law responds to these challenges. Finally, it surveys
international human rights law, especially Article 17 of the ICCPR and the work
of UN bodies, to argue for deeper harmonisation between India’s domestic framework
and global privacy norms. It contends that India must develop comprehensive
legislative regimes, robust algorithmic accountability mechanisms, and
independent supervisory institutions if privacy is to function as a structural
guarantee of democracy in the digital age.
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Pages:84-87
How to cite this article:
Sheela Kumari "Right To Privacy As A Human Right In The Digital Age comparative models, Ai Governance and International Human Rights". International Journal of Law, Vol 12, Issue 2, 2026, Pages 84-87
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