The Algorithmic Panopticon: Navigating The Legal and Ethical Vacuum of AI Surveillance

Authors

  • Gurnoor Kaur Panjab University Regional Centre, Ludhiana Author

Keywords:

Artificial Intelligence, Technology, Surveillance, Ethical Duties, Algorithmic Transparenc

Abstract

The rapid integration of artificial intelligence (AI) into digital
surveillance systems represents a new era of monitoring and
governance. While AI-powered tools such as facial recognition,
predictive policing, and biometric identification promise
enhanced efficiency for state and private actors, they
simultaneously pose profound ethical and legal challenges to
foundational civil liberties. This paper provides a comprehensive
analysis of these challenges, focusing on critical concerns related
to privacy erosion, algorithmic bias, the absence of meaningful
consent, and significant accountability gaps. Through a
comparative examination of legal frameworks and landmark
case studies across India, the United States, the United Kingdom,
and China, this paper demonstrates a global trend toward a
"technological panopticon" where the pursuit of security and
efficiency conflicts with the protection of human rights. The
analysis reveals a complex landscape characterised by reactive,
fragmented legal responses in democratic nations, in stark
contrast to the proactive, state-centric models of authoritarian
regimes. This paper concludes by advocating for the
implementation of a human-centred governance framework
grounded in principles of mandatory human oversight,
algorithmic transparency, and strengthened legal safeguards to
ensure that technological innovation serves to augment, rather
than erode, justice and equity.

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Author Biography

  • Gurnoor Kaur, Panjab University Regional Centre, Ludhiana

    Student- B.A.LL.B. (Hons.) 4th Year: University Institute of Laws, Panjab University
    Regional Centre, Ludhiana.

References

1. Biometrics Institute Calls for Consistent Facial Recognition Guidance, available at:

https://www.biometricsinstitute.org/biometrics-institute-calls-for-consistent-facial-

recognition-guidance/ (last visited on October 29, 2025).

2. Shubham V., “Maneka Gandhi and the Evolution of Constitutional Privacy in India,”

26(4) J. Constitutional Law 77 (2019).

3. MFIA Yale Law School, “Algorithmic Accountability Report” (2018), available at:

https://law.yale.edu/sites/default/files/area/center/mfia/document/infopack.pdf

(last visited on October 15, 2025).

4. European Parliament, “Artificial intelligence (AI) and Human Rights: Using AI as a

weapon of repression and its impact on human rights” (Policy Department for

External Relations, June, 2024).

5. Steven Feldstein, “The Road to Digital Unfreedom: How Artificial Intelligence is

Reshaping Repression” 30(1) Journal of Democracy 40-52 (2019).

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Published

2025-12-31

Issue

Section

Research Article

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