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Informational privacy, often referred as data privacy or data protection, is about an individual’s right to control how their personal information is collected, used and shared. Recent AI developments around the world have engulfed the world in its charm. Indian population, as well, is living under the cyber-revolution. India is gradually becoming dependent on technology for majority of the services obtained in daily life. Use of internet and Internet of Things leave traces of digital footprints which generate big data. This data can be personal as well as non-personal in nature. Such data about individuals can be utilised for understanding the socio-economic profile, culture, lifestyle, and personal information, like love life, health, well-being, sexual preferences, sexual orientation and various other types of individual traits. Issues like data breach, however, have also exposed users of information and technology to various types of risks such as cyber-crimes and other fraudulent practices. This article critically analysis recently enacted Digital Personal Data Protection Act, 2023 (DPDP) in the light of following questions: How it tackles with the issues of informational privacy and data processing? What measures have been envisaged under the DPDP Act, for the protection of informational privacy? How individual rights with respect to data protection are balanced against the legitimate state interest in ensuring safety and security of the nation? Whether this right is available only against the State or against the non-State actors as well? etc. Having critically analysed DPDP Act, the article calls for further refinement of DPDP Act in various areas, more specifically, suggesting that, it is imperative that DPDP Act requires critical decisions based on personal data to undergo human review, ensuring they are not solely the result of automated data processing.
Influenced by the advanced technologies, in recent years, Chinese criminal justice system has begun integrating artificial intelligence (AI) to assist judicial decisionmaking. AI has entered into various areas such as criminal investigations, prosecution assistance, and sentencing support. However, Chinese legal system has not comprehensively addressed the regulation of judicial AI technology yet. This paper aims to explore the application of AI in Chinese criminal justice system and propose a systematic regulatory framework for its future development. Part I provides an overview of the specific application scenarios of AI in Chinese criminal justice system. Part II analyzes the general characteristics of judicial AI and the benefits it brings to the justice system. Part III examines the challenges limiting the further development of judicial AI and the potential risks associated with its application. Part IV proposes an inclusive regulatory framework to balance the intension and potential conflicts between judicial fairness and technological advancement. This research seeks to enhance the understanding of AI application in Chinese criminal justice system and to identify and prevent potential judicial risks arising from AI application.