OVERVIEW OF EXISTING LEGAL PROVISIONS IN INDIA
Artificial intelligence (AI) is the replication of human cognition in computers designed to mimic human cognitive capacities and think similarly to humans. Any computer that demonstrates characteristics of the human mind, such learning and problem-solving, can also be referred to as artificially intelligent. [1] By simulating the cognitive processes of the human mind to solve problems or just learn, artificial intelligence (AI) has the potential to completely transform practically every aspect of human existence. Machine intelligence is another common term used to describe the component of intelligence that occurs when a machine is designed to have intelligence that is different from that of humans. [2]
AI is not a recent phenomenon; most of its theoretical and technological foundations have been established over the previous 70 years by computer scientists such as Alan Turing, Marvin Minsky, and John McCarthy. During World War II, British mathematician Alan Turing created some of the foundational ideas of computer science while trying to find a more effective way to decipher German coded signals. He started thinking about AI after the war. [3] Alan Turing’s ground-breaking work “Computing Machinery and Intelligence” discussed artificial intelligence. AI is constantly developing for the benefit of several sectors. An interdisciplinary method that draws from computer science, psychology, languages, mathematics, and other fields is used to train machines. Banking, finance, smart cities, mobility and transportation, healthcare, education, and agriculture are just a few of the areas and industries that AI has affected or is starting to affect. The Sustainable Development Goals (SDGS) framework of the United Nations includes AI as a potential solution to meet important activities, objectives, and goals. AI is frequently employed as a method to deal with socioeconomic problems. [4]
In many nations, artificial intelligence is becoming a major policy concern. The employment of AI for the public good, regulation, economic effect, global security, and issues with justice are among the top concerns of policymakers. Consider the following while creating AI strategies: Aim for Excellence, when a National Task Force is established, Identify the enablers, identify the stakeholders, educate the stakeholders, meet the various stakeholders, collect data, consider ethics and dependability, be practical, and start the approach. A fast developing technology, artificial intelligence (AI) has the potential to significantly impact a number of Indian industries, including smart cities, healthcare, education, and transportation.[5] India’s desire to use AI for social and economic advancement has resulted in a significant shift in the country’s perspective on the technology in recent years. When the nation unveiled #AIForAll, its first national AI policy, in 2018, it emphasised the significance of AI research and use across vital industries, starting this trend. India is positioned as a major player in the global technology supply chain because of its growing AI industry, which is bolstered by a highly qualified tech workforce and substantial foreign direct investment.[6]
Despite AI’s enormous potential, India faces several legal and regulatory obstacles to its advancement and use.[7] Since AI is not specifically governed by any laws, a precise framework is required to address concerns like prejudice, data privacy, and ethical considerations. Initiatives like the Digital Personal Data Protection Act (DPDP Act) of 2023 and NITI Aayog’s Principles for Responsible AI, which are the nation’s initial attempts to provide a comprehensive framework for data protection and privacy, have allowed India to make progress in this field.[8] The Information Technology Act of 2000 is also anticipated to be replaced with the Digital India Act, which will provide a strong legislative framework to address the changing issues in the AI and digital industries. [9]
Concerns regarding opacity, unpredictability, and the need for big datasets are some of the ethical problems with AI use, which might result in privacy violations and biassed results. Through publications like “Towards Responsible AI for All,” which makes recommendations for the ethical use of AI and puts these concepts into practice through collaborations with academic institutions and the corporate sector, NITI Aayog has tackled these issues. [10] These initiatives seek to guarantee that AI is created and applied properly, maximising advantages while lowering hazards. India’s approach to AI policy is also influenced by global viewpoints. The significance of developing international regulations to oversee this ground-breaking technology is underscored by comparisons between the fragmented regulatory environment in the United States and the comprehensive regulatory structure in the European Union. India is committed to being a responsible, sustainable, and inclusive centre for AI innovation, as evidenced by its regulatory initiatives, which include the creation of the Artificial Intelligence and Data Authority of India (AIDAI) and the planned Digital India Act. The ability of the government to successfully execute AI policies and cooperate across several businesses will ultimately determine the success of these projects.[11]
[1] John McCarthy, Artificial Intelligence: A Study of the Fundamental Problems 25 (MIT Press, Cambridge, 1960).
[2] Alan Turing, Computing Machinery and Intelligence p. 34 (Philosophical Transactions of the Royal Society, London, 1950).
[3] Marvin Minsky, The Society of Mind p. 67 (Simon and Schuster, New York, 1986).
[4] United Nations, The Sustainable Development Goals Report p. 23 (United Nations, New York, 2021).
[5] NITI Aayog, National Strategy for Artificial Intelligence #AIForAll p. 4 (NITI Aayog, New Delhi, 2018).
[6] Government of India, AI for Social and Economic Progress p. 12 (Ministry of Electronics and Information Technology, New Delhi, 2020).
[7] Digital Personal Data Protection Act, 2023.
[8] NITI Aayog, Principles for Responsible AI p. 10 (NITI Aayog, New Delhi, 2020).
[9] The Information Technology Act, 2000, s. 72.
[10] NITI Aayog, Towards Responsible AI for All p. 15 (NITI Aayog, New Delhi, 2019).
[11] European Union, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data (General Data Protection Regulation) p. 80 (European Union, Brussels, 2016).