Abstract

This outline examines the global regulatory paradox surrounding artificial intelligence (AI) through the dual lenses of AI exceptionalism and the illusion of control. It critiques how privacy frameworks, particularly in India and the European Union, either delay intervention by overstating AI's novelty or rely on outdated consent-based models that fail to address AI's structural harms. Employing a comparative, doctrinal, and policy-based methodology, the paper analyzes India's Digital Personal Data Protection Act, the EU's GDPR and EU AI Act, as well as international frameworks such as the OECD AI Principles and Article 19 standards. Advocating for a post-exceptionalist model of governance, the paper calls for structural accountability, collective data rights, and democratic oversight. It reframes privacy not as an individual choice, but as a foundational condition for autonomy, equality, and public trust in the algorithmic age.

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