Buzz around Artificial Intelligence and evolving legal landscape in India

The question ‘whether AI can replace the human mind created by the divine or not’ is misplaced for obvious reasons. However, it cannot be denied that AI is giving a tough challenge to each and every one of us to gear up with these technological advancements and constantly work on our core skills. AI is certainly marred by various inherent challenges, but what is certain is that AI is going to stay while the buzz around it will settle down, paving the way for AI and humans to work together. 

Realising the importance of AI and the way it is penetrating the digital world, the Government of India had tasked the NITI Ayog with the responsibility of establishing the guidelines and policies for the development and use of AI. In its reports, it kept its focus on responsible use of AI and laid down principles for the same such as safety and reliability, equality, inclusivity and non-discrimination, privacy and security, transparency, accountability, and the protection and reinforcement of positive human values. 

In India, there is no single and comprehensive law for regulating the use of AI. There are many laws which govern certain aspects of AI in one or the other way. 

Under the existing as well as proposed data protection regime, the collection or accessing personal data covered under the respective laws without consent for training AI models is not permitted. Once the recently enacted data protection law is implemented, it will replace the existing data protection provisions enshrined under the Information Technology Act, 2000 and rules issued thereunder. The new law will have a regulatory sandbox for artificial intelligence to encourage innovation in business while protecting the right to privacy. 

AI generated Deepfakes are menaces which are difficult to deal with existing laws given the speed with which they create the impact. The present law inter alia poses obligations on intermediaries for timely putting down such contents, for which advisories from the Ministry of Electronics and Information Technology have been issued from time to time. 

The cyber security incidents are to be reported to CERT (Computer Emergency Response Team) for timely remedial actions, which also cover AI related incidents. 

The automated functioning of AI attracts risks of intellectual property rights’ infringement, which is one of the most contentious issues to be pondered upon as the existing IPR laws don’t provide clarity. As per the media reports, the legal battle over the use of copyrighted data of others by AI has already begun globally with the New York Times filing lawsuit against Open AI and Microsoft. 

What cannot be done directly shouldn’t be done indirectly. Therefore, AI should also not do what businesses cannot do directly as per law. For instance, AI should not infringe fundamental rights including the right to privacy of the citizens, infringe intellectual property rights of others, engage into anti-competitive practices, spread fake news, deep fake, etc. However, fixing liability in such instances involves intricate legal issues. Therefore, there is certainly a need to have an evolved legislative framework to address the nuances and challenges posed by AI. 

The Ministry of Electronics and Information Technology had constituted four committees to promote emerging technologies like AI and develop a policy framework. Under the reports, it has been suggested to holistically review the existing laws and make necessary modifications, and begin with reviewing laws governing sectors like healthcare, finance and transportation where deployment will be done first on a pilot basis. In addition, it has been suggested to consider whether AI systems should be treated as a legal person for fixing liability accompanied with insurance or fund to compensate for damages.

A lot is expected to happen in this space as the country is already working on the India AI Programme to harness the potential of AI with the necessary safeguards. 

For queries, please write to vinita.sahitya@lexfulcrum.com

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