*Corresponding Author: Pankaj Mishra, Research Scholar, ILSR, GLA University, Mathura, Uttar Pradesh, India. Email: mishrapankaj2726@yahoo.com
The widespread adoption of artificial intelligence (AI) and big data analytics in sectors such as healthcare, finance, law enforcement, and employment raises pressing concerns about transparency, fairness, and individual rights. Article 22 of the European Union's General Data Protection Regulation (GDPR) provides a legal safeguard against decisions made solely through automated processing. This research examines how India, under its Digital Personal Data Protection Act, 2023 (DPDPA), can adapt and integrate similar protections. It explores the conceptual and regulatory gaps in the Indian framework and emphasizes the need for transparency, explainability, and accountability in AI-driven decision-making. Landmark cases such as State of Wisconsin v. Loomis and Guerra v. Google LLC illustrate the risks posed by opaque algorithms. In contrast, India's legal precedents like KS Puttaswamy v. Union of India and Rajagopal v. State of Tamil Nadu underscore the need for robust data protection and privacy safeguards. The study recommends a risk-based regulatory approach modeled after the EU AI Act, incorporating mechanisms such as human oversight, explainability, and bias audits. Ultimately, the paper advocates for a balanced strategy in India that fosters AI innovation while ensuring fundamental rights are protected against unjust automated decisions.
Keywords: AI, GDPR, Article 22, DPDPA 2023, Automation, Data Privacy, India.
How to cite this article: Mishra P, Dubey A. Adapting Article 22 of GDPR to the Indian context: AI and big data. Int J Drug Deliv Technol. 2026;16(3s): 874-882; DOI: 10.25258/ijddt.16.3s.106
Source of support: Nil.
Conflict of interest: None