THE LEGAL CHALLENGES OF AI IN HEALTHCARE: CYBER-LEGAL ANALYSIS OF LIABILITY AND SYSTEMIC VULNERABILITIES UNDER INDIAN LAW
AUTHOR – BALASUBRAMANIAN K.V., STUDENT AT CYBER SPACE LAW AND JUSTICE DEPARTMENT, SCHOOL OF EXCELLENCE IN LAW, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – BALASUBRAMANIAN K.V, THE LEGAL CHALLENGES OF AI IN HEALTHCARE: CYBER-LEGAL ANALYSIS OF LIABILITY AND SYSTEMIC VULNERABILITIES UNDER INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 747-756, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Artificial Intelligence (AI) is transforming healthcare through applications such as diagnostics, robotic surgery, predictive analytics, telemedicine, drug discovery, and patient monitoring. While AI improves efficiency, accuracy, and accessibility, particularly in developing countries like India, it also creates significant legal, ethical, constitutional, and cybersecurity concerns. This study critically examines the challenges posed by AI-driven healthcare systems through a cyber-legal and comparative analysis. It evaluates the adequacy of existing Indian laws, including the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023, and the National Medical Commission Act, 2019, along with ethical guidelines issued by the Indian Council of Medical Research. The paper further explores constitutional principles such as privacy, dignity, informed consent, equality, and the right to health under Article 21, supported by landmark judgments including Justice K.S. Puttaswamy v. Union of India. It identifies regulatory gaps concerning liability, algorithmic bias, cybersecurity, accountability, and data protection, while comparatively analysing AI governance models in the European Union, United States, China, Japan, Canada, and Singapore. The study concludes that India requires comprehensive AI-specific healthcare legislation balancing innovation with constitutional and ethical safeguards.