Experts Raise Concerns Over Data Bill's Silence On Generative AI Tools
The revised Digital Personal Data Protection (DPDP) Bill in India has come under scrutiny due to its silence on the regulation of generative AI tools and artificial intelligence (AI). Experts are concerned that the absence of provisions governing these emerging technologies will create a gap in the privacy law, leading to confusion and ambiguity in their regulation.
One of the major concerns highlighted by experts is the proliferation of deep fakes created by generative AI tools. These deep fakes, which can manipulate images, audio, and videos, have the potential to tarnish the reputation of public figures, especially during elections in major democracies like India and the US. Experts argue that addressing this issue is crucial in the era of AI-generated content.
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Mishi Choudhary, founder of the Software Freedom Law Centre (SFLC), pointed out that the current DPDP Bill does not address facial recognition technology or AI, despite years of deliberation. She noted that many jurisdictions with privacy-based legislation are finding it challenging to address issues created by generative AI. For instance, the European Union is working on a separate regulatory framework for AI, even though the General Data Protection Regulation (GDPR) was conceptualised two decades ago.
Jaspreet Bindra, Founder and MD of Tech Whisperer, emphasised the importance of clearly labelling AI-generated content, especially in the context of elections. He called for the government to mandate such labelling in the DPDP Bill to ensure transparency and prevent AI-generated content from influencing voters. One of the challenges in regulating generative AI is the open-source nature of the technology, which allows even small developers to create and distribute objectionable content at a scale that is difficult to track and manage. This poses a significant regulatory challenge. The AI market in India is growing rapidly, with a projected CAGR of 20.2%. The estimated development in this field is expected to reach $7.8 billion from $3.1 billion between 2020 and 2025. The country has seen a substantial increase in AI startups and investments in this sector.
Previously, it was reported that the DPDP Bill restricts generative AI platforms like ChatGPT and Google”s Bard from processing the personal data of Indians available in the public domain. This move aims to prevent search engine companies from scraping large amounts of publicly available data on the internet. While the government has indicated its intention to address AI regulation in the Digital India (DI) Bill, which will revamp the 23-year-old IT Act of 2000, some experts believe that including AI provisions in the DPDP Bill is more prudent. Others argue that the DPDP Bill”s focus should be on personal data protection, while the DI Bill can encompass broader technology- aspects.
Hitesh Jain, Managing Partner of Parinam Law Associates, believes that concerns about the DPDP Bill not addressing AI and emerging technology are unwarranted, as these issues can be addressed in the upcoming Digital India Act (DIA). He suggests that the DIA, which seeks to replace the IT Act, can accommodate regulations for emerging technologies.
Experts are raising concerns about the absence of AI and generative AI regulation in the revised DPDP Bill in India, emphasising the need to address these issues to ensure data privacy and prevent the misuse of AI-generated content, especially during elections. The evolving landscape of AI and technology regulation will continue to be a subject of discussion as India navigates its data protection and privacy framework.
