The Deficiency Of AI Regulation In The Digital Personal Data Protection Bill Raises Concerns
By Deborah Taylor
The latest version of the Digital Personal Data Protection (DPDP) Bill, tabled in Parliament, has raised concerns among experts due to the absence of provisions to regulate artificial intelligence (AI) and emerging technologies such as generative AI. The lack of regulation leaves a gap in privacy laws and contributes to confusion and ambiguity surrounding these rapidly evolving technologies.
Experts emphasize the necessity for the DPDP Bill to address issues like deep fakes created by generative AI tools. With upcoming elections in India and the US, there is an increased urgency to tackle the potential circulation of manipulated images, audio, and videos that could damage the reputation of public figures.
The founder of SFLC (Software Freedom Law Centre), Mishi Choudhary highlights that India’s current Bill fails to address facial recognition technology or AI-related concerns. Many jurisdictions with privacy-based legislation also find their laws insufficient to address the challenges posed by generative AI.
Founder and MD of Tech Whisperer, Jaspreet Bindra emphasizes the need for clear labeling of AI-generated content, particularly during election campaigns. Without proper disclosure, AI-generated content could influence voters without their knowledge.
It is also important to consider the open-source nature of generative AI, which makes it difficult to effectively track and regulate objectionable content. Small developers and nondescript companies can produce and distribute such content at a scale and speed that is challenging to manage.
According to industry data, the AI market in India is projected to grow at a compound annual growth rate (CAGR) of 20.2 per cent. The estimated development in the field is expected to reach $7.8 billion by 2025. The number of AI startups in India has significantly increased with a corresponding rise in investments.
The government is contemplating provisions to regulate AI in the upcoming Digital India (DI) Bill, which aims to revamp the outdated IT Act of 2000. However, experts have differing opinions on whether the DI Bill should address AI immediately or if it should be included in a future legislative framework.
Overall, there is concern regarding the deficiency of AI regulation in the DPDP Bill. Addressing these issues is crucial to ensure the protection of personal data and to harness the potential of AI while mitigating its negative consequences.
