Posted on: September 13, 2020 Posted by: Radhamani Saxena Comments: 0

Author: Isha Singh, Indore Institute of Law, Indore

Co-Author: Piyush Nair, Indore Institute of Law, Indore

INTRODUCTION

Our world is growing and transforming constantly. Artificial Intelligence has a very important role in that. Technically, Artificial Intelligence refers to the actions of machines alongside with technology, with a reason of imitating manners and actions of human beings. AI is involved in the day to day routine of humans. It is being used for every sort of activity humans perform. A dense usage of AI is generally in organizations, security frameworks, governmental frameworks, etc. AI has influenced every aspect of life nowadays. 

The increase in level of AI has become dangerously high with time. It is usual that it provides support to framework of security. On the other hand, it also plays with the privacy terms of data when it’s gone into immoral hands. Numerous cases are under the light that in order to make perceptive decisions, AI does need the personal data of users. The users’ data plays the role of fuel in the internet as well as in AI. AI can grossly affect the data privacy. Data Protection involves the right of user to access and make decision regarding his data personal data. Notably in India, infringement of data privacy through AI may violate the fundamental Right to Privacy which is secured by the Indian Constitution. 

DEVELOPMENT OF ‘AI’ IN INDIA IN ADDITION TO GLOBAL PERSPECTIVE

At present, when it comes to international development, the AI initiatives are attaining dominance over the technology. AI is still developing in a number of subject areas. For that purpose, AI requires accessible data sources for a good foothold, for instance, survey data, mobile phone data, individual personal data, and a lot more for diversely developed personalized interfaces for the users of the globe. Although, the elementary applications of AI will not going to be stopped in future.

  • Developments in other countries 

In the topic circle of AI, China secures the top most position always. They have a great support from their population to use China’s own services of internet. This has lead to a cluster of necessary personalized data that the country needs. When eyed onto Europe, United Kingdom clearly rules over every country in the world of Artificial Intelligence. UK itself has about 121 firms that are empowered by AI. 

The countries from every corner of globe are progressively becoming aware of the social and economical benefits of applying and continuous developing AI. Talking about instances, United Kingdom and China estimate that 10% and 26% of their Gross Domestic Product for 2030 will be referenced from AI related businesses and activities. 

  • Efforts by government in India for development of AI

The Government of India continuously encourages the youth and the AI initiatives or startups to grow further. These startups have a really good hand on social influencing and together they all can compete to solve the social problems, thus providing a better-developed environment. At present, India has appreciable foothold on the developments of AI. It also has capability to achieve full potential of AI. AI is the new factor of production in the country which in hand comes with innovation and capital. There has been an impactful transformation of AI on the country too; it has elevated the quality of life and access of choice of people. 

PRIVACY OF USERS: DATA AND IT’S PROTECTION

According to perspective of Elon Musk, AI holds revolutionary potentialities for development of the digital world. Yet, the disquietude of Musk are the possibilities that human beings will be ultimately unable to curb the accompanying ameliorated effects of AI and human designed AI may become a blister to the race. 

AI mostly withholds assembling and use of countless amount of data, which includes users’ personal data also, so as to modernize the technology and to provide the consumers a better personalized data to access. 

It is evident that the political influence of social networks has proffered an increasing awareness of how social media platforms do misuse the personal data of the consumers. The users’ trust, as a result, on such digital services and platforms has affected. The personalized access to the social media, any website, or apps is evident that the users have being tracked on the web besides access to personal data of users.

  • How the Right to Privacy is endangered?

Article 21 of the Constitution of India states, “No person shall be deprived of his life or personal liberty except according to procedure established by law”. However, it does not expressly mentions about right to privacy, yet the right has been derived through the judicial decisions. The Hon’ble Supreme Court essentially recognized the Right to Privacy in the case of M. P. Sharma and Ors. v Satish Chandra, District Magistrate, Delhi and Ors. 

According to recent citings, when WhatsApp Inc. was being acquired by Facebook Inc., it changed its privacy policy. WhatsApp users were notified that their personal account information would be shared with “Facebook” with the motive to improvise its ads and experiences of products. Following to the incident, a writ petition was filed before the Hon’ble High Court of Delhi which contended that taking away the protection to privacy of data of users of “WhatsApp” and sharing the same with Facebook was an infringement of Fundamental Rights of the users, which has been guaranteed under Article 21 of the Constitution of India.

AIDS TOWARDS BETTERMENT

There is still lack of narrowed authority of India that would look over protecting users’ data, neither there is any data protection law. Though there is IT Act, but it does not contain special provisions for security of user’s data. The government shall instigate activities relating data protection, for instance works on privacy standards, privacy engineering and events raising awareness regarding protection of personal data, and many more. The population needs to be educated regarding protection of their data, besides that training of staff should also be priority. 

The government needs to introduce a codified law for the Protection and Privacy of data relating to Indian users in the near future. The legislation should elucidate the data to be processed for the authoritarian use coupled with governmental use. Besides, there must be limitation on the processing of personal data. The responsible authorities should also introduce authentic software for users’ security of data and its processing

CONCLUSION

AI is a blessing for development of the race of humans. The revolutionary level of technological development and innovations with Artificial Intelligence, has influenced the humans towards a developed future. A cluster of technologies form AI, enabling the machines to give results with high intelligence levels and imitating the potentiality humans to sense, comprehend and act. Everything has its own positives and negatives along with it, so is the AI. Its black side consist the usage of personal data of users to provide them personalized interface. Relating to which, the developers or the companies use and share the personal data. 

There is no specific regulation in India for protection of data. The users of internet are prone to data leaking and privacy infringement, but they are still unfortified by the legislation. The company’s acts towards sharing of personal data indicate that the infringement of Fundamental Rights like Right to Privacy, Right of security of life being taken for granted. The government should seek solutions to get away with the infringement of privacy. Measures should be taken on hand by govt. like introducing codified laws for the same, limiting personal data processing, raising awareness for data protection, etc

 

References

[1] Lindsey Andersen, ‘Artificial Intelligence In International Development: Avoiding Ethical Pitfalls’, Journal of Public and International Affairs, https://jpia.princeton.edu/news/artificial-intelligence-international-development-avoiding-ethical-pitfalls#:~:text=Artificial%20intelligence%20(AI)%20has%20the,most%20intractable%20international%20development%20problems.&text=AI%20systems%20are%20powerful%20analytical,they%20are%20designed%20to%20help. , accessed on 02 Sept. 2020

[1]  Smriti Srivastava, ‘Top 10 Countries Leading The Artificial Intelligence Race’, (Analytics Insight), https://www.analyticsinsight.net/top-10-countries-leading-the-artificial-intelligence-race/ , accessed on 02 Sept. 2020

[1] Ibid

[1] NITI Ayog, Government of India, Discussion Paper National Strategy for Artificial Intelligence, file:///C:/Users/san/Downloads/NationalStrategy-for-AI-Discussion-Paper.pdf , accessed on 02 Sept. 2020

[1] Ibid

[1] Tarini Kaur Dang, ‘AI Transforming The World’, Forbes (24 Feb., 2019), https://www.forbes.com/sites/cognitiveworld/2019/02/24/ai-transforming-the-world/#6ff130fb4f03 , accessed on 02 Sept. 2020

[1]  Kari Gimmingsrud, ‘Artificial Intelligence and Data Privacy’, Expert Guides (20 August, 2019), https://www.expertguides.com/articles/artificial-intelligence-and-data-privacy/aruywukr , accessed on 03 Sept., 2020

[1] Timan, T., Z. Á. Mann, ‘Data protection in the era of artificial intelligence. Trends, existing solutions and recommendations for privacy-preserving technologies’, BDVA (Oct., 2019), file:///C:/Users/san/Downloads/Data%20protection%20in%20the%20era%20of%20big%20data%20for%20artificial%20intelligence_BDVA_FINAL.pdf , accessed on 03 Sept., 2020

[1] M. P. Sharma And Ors. v. Satish Chandra, District Magistrate, Delhi And Ors (1954) Scr 1077

[1] ‘Data Protection & Privacy Issues in India’, Economic Laws Practice (August, 2017), http://elplaw.in/wp-content/uploads/2018/08/Data-Protection-26-Privacy-Issues-in-India.pdf , accessed on 03 Sept., 2020

[1] Karmanya Singh Sareen v. UOI, (2016) SCC Online Del 5334

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