Laws Related To Artificial Intelligence In India

inbatv Articles, India, Legal, News, Top Stories

If we talk about the laws related to AI, the adoption of AI is much way faster than the rules and laws being framed regarding it. It is being used in Industries, Law firms, management, decision making etc.

NEED OF AI LAWS – As AI is a fastes growing technology, its misues will also increase. So laws regarding AI is required in India to reduce its mishandling of data, invasion on privacy, taking undue advantage and other works which may affect the interest of other persons.

AI LAWS IN OTHER COUNTRIES

  • Recently on March 2022, China formed regulations for the Internet Recommendation system for ‘Internet Information Services’ having an mainland territory of People’s Republic of China.
  • In Brazil, the Brazil Congress passes a bill forming a legal framework for AI.  
  •  On April 21, 2021, European Commission has recommended for management of AI with an aim to introduce a global regulatory substructure that would regulate a legal aspect for upcoming upgrades in the field of AI.
  • In June 2022, Canada came up with the Digital Charter Implementation Act in the House of Commons.

 AI LAWS IN INDIA

If we talk about India, it does not have any specific law regarding application of AI. The Ministry of Electronics and Information Technology (MeiTY) is the regulatory body of AI in India. It has the responsibility development, implementation and management of AI laws and guidelines in India. There are certain provisions mentioned under Intellectual Property Law and several provisions as Section 43A & 72A of Information Technology Act, 2000 which implies that if anyone commits crime by using AI, then he will be liable under IT Act, criminal law and other cyber law. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 obligates the social media platforms to exercise greater diligence regarding content on their platforms.

  • In 2018, the planning commission of India came up with the National Strategy on Artificial Intelligence (NSAI) considering setting up a panel consisting ministry of corporate affairs & the department of Industrial policy 7 promotion to look over the regulation.  Formation of IP regimes for AI upgrades and introduction of legal networks for data protection, security and privacy. Four committees were instituted by ministry of electronics & IT to emphasis and analyse multiple ethical issues of AI.
  • The Personal Data Protection bill was proposedby The Ministry of Electronics and Information Technology (MeiTY) in 2019 by a Joint Parliamentary committee- The Personal Data Protection Bill, 2019 is based on draft statute on data protection. It is also called Privacy Bill to protect individual right as the data is personally collected, moved and processed. The bill was pending before lower house. However, on Wednesday, August 3, 2022 the Central Government withdrew the Personal Data Protection Bill. Similarly The Personal Data protection bill 2021 has also been withdrawn by government on August 2022. On November 18, 2022, the Ministry of Electronics and Information Technology presented a new law i.e., The Digital Personal Data Protection Bill 2022 which contains replacement of 2011 rules (IT rules, 2011, regarding reasonable security practices for the management of sensitive personal data or information) and existing laws. It has also the purpose to process the data of an individual personally.
  •  Niti Aayog also worked towards the establishment of AIRAWAT– AI Research, Analytics and knowledge Assimilation platform. AIRAWAT considers the requirements for better use of AI.
  • In 2020, Niti Aayog drafted documents based on launching an oversight body and enforcement of responsible AI principles ( Safety & rehabilitee, equality, inclusivity, non-discrimination, privacy & security, transparency, accountability, protection & reinforcement of human values) for  Inspection of principles, formation of legal and technical work, creation of new techniques and tools of AI and representation of India at Global standard.

CHALLENGES OF AI IN LAW IN INDIA

  • Not accepted by legal profession as it may affect in their profession.
  • The legal personality of AI is not defined as what law and norms would apply in AI and robots.  

CONCLUSION

Therefore after the emergence of pandemic many businesses started using AI to reduce workforce. Over 70% of Indian companies started using AI in their machinery for effective work with fewer work forces. Therefore with the increasing use of AI in all sectors , we also need some specific provisions to regulate AI as we know that AI has very potential and power then it may cause risk to privacy and humanity.

Shreya Banerjee

BBA LLB (4th year)