AI needs responsible regulation

Integrating Artificial Intelligence (AI) in various industries has brought unprecedented advancements and growth opportunities. India has recognised the potential of AI to drive economic growth and improve public services and has made it a priority to develop and adopt AI technologies. A 2021 report by the McKinsey Global Institute found that AI could add $957 billion to India’s GDP by 2035.

However, it has also raised concerns about the potential adverse effects that could arise from deploying the technology. These concerns led to increased calls for AI regulation to ensure that the technology is developed and used responsibly and ethically.

While it is crucial to address the pressing need for responsible regulation that safeguards society, it must also not stymie unleashing of the true potential of this transformative technology.

Despite being a significant player in the global tech space, India does not have a specific regulatory framework for AI. However, in 2018, the Ministry of Commerce and Industry constituted a task force on Al to develop a policy framework and identify relevant use cases for AI technology. The task force submitted its report in 2019, which outlined the need for a national strategy for AI and recommended the, establishment of an AI research Institute.

Replying to a question raised by this writer in Parliament, the Minister of State shared several important schemes, most prominently the National Al Portal, the Centres of Excellence and the Global Partnership on Artificial Intelligence (GPAI) — an international and multi-stakeholder initiative to guide the responsible development of AI.

The European Commission published its AI strategy in 2018, which aims to foster the development of AI while ensuring that its use is consistent with EU values and fundamental rights.

The strategy outlines a three-pronged approach to AI regulation, which includes investment, ensuring a legal and ethical framework, and preparing for socio-economic changes. Additionally, the EU General Data Protection Regulation (GDPR) includes provisions that address the use of AI, such as the right to explanation through automated decision-making under Articles 13-15. They give the data principals rights to “meaningful Information about the logic involved” in automated decisions.

India’s lead

India has been at the forefront of using and deploying automated solutions to enhance ease of governance and attain last-mile delivery of public programs. However, while the European Union (EU) has already embraced the General Data Protection Regulation (GDPR) guaranteeing its citizens robust data protection rights, India is yet to have its data protection law. Until then, the Supreme Court’s judgment in Puttaswamy I remains the guiding light.

Also, like the US, which enforces the Federal Trade Commission Act, National Institute of Standards and Technology (NIST) guidelines, India needs to put in place a unified approach to regulating Al. There is a need to adopt a principles-based approach rather than engaging in piece-meal patchwork, reminiscent of the ‘Law of the Horse’ era in cyber law regulation.

This divergence leaves India vulnerable and hinders its potential as a global AI leader. At the same time, this disparity presents an opportunity for India to learn from the experiences of the EU and the US and bridge the regulatory gap to ensure responsible AI development and deployment.

Privacy Concerns

Additionally, several potential privacy concerns are associated with AI technologies in India. They can impact women, children, voting and electoral processes, delivery of justice, etc.

AI algorithms can potentially perpetuate and amplify existing gender biases. Regulatory frameworks must prioritise developing and deploying unbiased AI systems to prevent this. Transparent and diverse data sets, rigorous testing, and continuous real-time monitoring are essential to ensure that AT does not reinforce gender disparities in areas such as hiring, lending, and access to opportunities.

Children are particularly vulnerable to privacy breaches and online harm. Robust safeguards must be in place to protect their personal data and ensure their safety in AI-driven environments. Stricter regulations should govern the collection, storage, processing and use of children’s data, while educational initiatives can empower children to navigate the digital world safely.

AI is increasingly being used to deliver justice, but principles of fairness and transparency must guide its deployment. AI’s role in elections raises concerns about the integrity of the electoral process and voters’ privacy. Transparent and auditable AI systems should be employed to ensure fair and unbiased outcomes, which everyone trusts.

International cooperation is essential to addressing the challenges posed by AI. AI is a global technology whose impact already transcends borders. By working together, countries can ensure that AI is used for the benefit of humanity and not for its detriment, by exacerbating inequalities, eroding privacy, or reinforcing biases.

International cooperation allows for the sharing of best practices, development of common standards, and the establishment of ethical guidelines that can guide the responsible development of AI technologies across jurisdictions/geographies.

It would also enable collaboration in addressing AI’s ethical, legal, and social implications fostering a global dialogue that considers diverse perspectives and ensures that AI is harnessed in a manner that respects human rights, promotes inclusivity, and safeguards against potential harm. By working together, countries can collectively shape the future of AI, ensuring that it serves as a force for positive chance and contributes to the well-being and prosperity of all.

India, with its vibrant tech ecosystem and a growing AI industry, stands to benefit significantly from international cooperation in addressing the challenges posed by AI. By actively engaging in international cooperation, India can position itself as a global leader in responsible AI innovation.

The writer is a Rajya Sabha MP from Odisha, and an advocate. He was a former CAG bureaucrat. Views expressed are personal.

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