Data Protection Challenges in AI-Driven Criminal Justice in the EU and India

Abstract AI has embarked on its functioning upon the Criminal Justice process being evident in matters of crime prevention, investigation, forensic science, trial procedure, and reformation. Though it is of immense use, it is equally creating infringement in the nuances of data privacy and protection. This study aims to examine the legitimacy of collecting basic and personal data from individuals for AI applications in the criminal justice process. India has introduced the Digital Personal Data Protection Act, 2023, yet data privacy remains in its nascent stage. In contrast, there are legislation in the European Union and decided cases on this issue of data protection and privacy in the application of AI in the criminal justice process, which are cited and compared with the position in India. This research highlights a significant gap in legal frameworks governing AI’s role in criminal justice, in both the EU and India, a comprehensive legal framework that safeguards data privacy while leveraging AI’s potential to enhance the efficiency and effectiveness of the criminal justice system.