Title: Indian approach to data rights: survey of social structures, and personal data protection regimes in India

Authors: P.R. Biju; O. Gayathri

Addresses: Department of Political Science, Government Brennen College, Thalassery, Kannur, 670106, Kerala, India ' Department of Political Science, Government College Madappally, Vadakara, Kozhikode, Kerala, 673102, India

Abstract: The research paper conducts comparative analysis of data protection frameworks and AI policies in India and various countries, and seeks to investigate their capability in safeguarding data rights and enforcing fiduciary responsibilities favourable to users with a focus on India. Deploying a mixed method approach, it explores classical theories of rights, property ownership, and data protection frameworks. It seeks to explain how data rights intersect with India's intricate social structure. The findings reveal shortcomings in India's common law jurisdiction, lacking tools to effectively address data rights and fiduciary responsibilities. The study suggests that policy drafts in India need to uphold the culture sensitivity of data governance, considering the nation's complex social dynamics and data trust principles needs to align with India's unique trust and relationship dynamics.

Keywords: artificial intelligence; data policy; fiduciary trust; structural oppression; data rights; algorithms; India; data trust.

DOI: 10.1504/IJEG.2025.145744

International Journal of Electronic Governance, 2025 Vol.17 No.1, pp.51 - 85

Received: 08 Sep 2024
Accepted: 20 Jan 2025
Published online: 18 Apr 2025 *

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