Bridging the Gap Between Corporate Data Practices and Right to Privacy: Evaluating the Constitutional and Regulatory Validity of Algorithmic Management in Post-Puttaswamy India
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Date
2026
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NLUJAA
Abstract
A very prominent example of this paradigm shift can be found in the extensive adoption and usage of algorithmic management. As per the International Labour Organization (ILO), the term “Algorithmic Management” refers to “algorithmic systems that use tracked data and other information to organize, assign, monitor, supervise, and evaluate work.” This system has automated numerous functions that are fundamental to the operations and decision-making of a corporation, such as hiring, performance monitoring, and even termination of employees. These systems use opaque algorithms and are a form of “Automated Decision-Making Systems” (ADMS). Corporations use these systems because they offer extensive operational efficiency and minimise their costs. The ILO has reported that in India algorithmic management has been associated with “a decline in job quality, with clear evidence of increased monitoring and work intensity,” underscoring that efficiency gains are often traded off against worker autonomy and well-being. This form of intrusive surveillance clashes with human dignity and autonomy, which is inherent to the fundamental “Right to Privacy.” A recent OECD working paper on algorithmic management in the workplace finds adoption rates of these systems above 75% in surveyed countries and highlights widespread concerns among managers about opacity, accountability, and the impact of such tools on the mental health and dignity of workers. The first chapter attempts to extensively define the meaning and scope of algorithmic management, and how it differs from traditional data processing.
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Dissertation submitted to National Law University and Judicial Academy, Assam in partial fulfilment for award of the degree of MASTER OF LAWS/ ONE YEAR LL.M. DEGREE PROGRAMME Submitted by Anurag Das SM0225009 1st Year, 2nd Semester Supervised by Mr. Ankur Madhia Assistant Professor of Law