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Education in India: Time to Connect the Dots and Look at the Big Picture

In the last few days, I read news reports that are seemingly unrelated on the surface. However, I think there exists a deeper connection for those willing to think outside the box. I thought I would use this article to articulate my thoughts on the connections and their possible implications for India. 

India’s New Education Policy expected to gain traction

The first item was about various initiatives announced by the Union government on the first anniversary of India’s National Education Policy (NEP). While internationalization, multiple entry/exit options, and digital education will be key pillars, one other important component is to enable students to pursue first-year Engineering courses in Indian languages.

In the context of the broad-brush changes envisioned to India’s education system, it is time to rethink the role of the UGC as a body that enables the nation’s higher education system in ways beyond disbursing funds to be recognized universities. There also ought to be more harmony between the various Boards that govern school education. The roles of bodies responsible for governing professional education in India- e.g., AICTE, NMC (which replaced the MCI), ICAI, ICSI, ICWAI, Bar Council of India etc. should also be redefined to ensure that India’s professionals remain in tune with the needs of a fast-changing world.

English will play an important role in our continued growth

The second report that caught my attention was on two main points made by Mr. Narayana Murthy (the Founder of Infosys), in a recent media interaction. He stated that it is high time that English be formally acknowledged and designated as India’s official link language, and greater emphasis is given to its teaching and learning in Indian schools. He said that his opinion is based on his first-hand knowledge of many technically qualified students in Bangalore/Karnataka who lose out in the job market largely because they lack a certain expected level of proficiency in English.

In the same interview, Mr. Murthy went on to say that on a priority basis, India needs overseas universities and vocational educational institutions to set up facilities in India to train students and teachers in key areas like nursing. This too makes sense because our healthcare infrastructure needs massive upgrades- and human resources will be critical.

China’s tightening regulations threaten its US$100 Billion EdTechc industry

The third report was on China’s recent decision to tightly regulate its online tutoring companies. The new rules bar online tutoring ventures from going public or raising foreign capital. There are also restrictions on the number of hours for which tutors can teach during weekends and vacations. In fact, the rules go so far as to make online tutorial businesses “not for profit”.

Different views have been expressed on why Chinese authorities have taken this step. Some see it as a means to reduce the cost of children’s education- and thus encourage couples to have more children. They point to this as a logical enabler of the recent relaxations in China’s two-child policy. Others view it as a step designed to clip the wings of Chinese tech companies that are deeply entrenched in many consumer segments, and have, over the past decade, acquired significant financial muscle.

To put into perspective the size of Chinese EdTech companies, consider this data point: Byju’s, arguably India’s largest EdTech company, was valued at over US$16.5 Billion as of mid-June 2021. Despite this high valuation, Byju’s would have been smaller than the top 5 Chinese EdTech players (on the basis of valuations that existed before the recent draconian rules came into effect).

Implications for India

The majority of China’s EdTech ventures are financed through significant venture capital investments from the west. Analysts expect that China’s sudden actions will, at least in the short run, divert capital to other locations. India could be a potential beneficiary because it already fosters a large EdTech ecosystem.

Given our demographics, we have a significant domestic market for education across all levels- primary, secondary, and college. Since digital education will likely become the norm, this space is ripe for newfangled innovations in the days ahead. If online education can bridge the gaps that employers currently perceive in our fresh graduates, unemployability rates shall notably decline. . This will not only contribute directly to our GDP but also indirectly stimulate innovation and entrepreneurship.

India has a large technical skill base. Some of these resources can easily be harnessed to develop next-gen education solutions using cutting-edge technologies such as AI, ML, Language Processing, Augmented Reality, etc. To begin with, Indian start-ups can build, test, and scale EdTech platforms and solutions for our domestic market. Over time, these can be refined and repurposed for global markets. Similarly, features built for the global market can be adapted to Indian markets, thus creating a virtual cycle. Such a trend will not only proffer legs to implementing India’s NEP but will also enable us as a society to improve access to education to underprivileged sections of the society. This is critical to sustaining our growth on the path of socio-economic development.

By taking the right decisions now, we can attract capital, talent, and world-famous institutional brands to this critical sector. EdTech in India has the potential to become a powerful engine of growth for our services sector. Done right, I have no doubt that in a few years, India can become a “Vishwaguru” not just in the spiritual sense, but also literally.

PS: As with many other sectors in India, the legal framework that governs education too needs to be made more contemporary and relevant, but that’s for another time.

Image Credits: Photo by Nikhita S on Unsplash

By taking the right decisions now, we can attract capital, talent and world-famous institutional brands to this critical sector. EdTech in India has the potential to become a powerful engine of growth for our services sector. Done right, I have no doubt that in a few years, India can become a “Vishwaguru” not just in the spiritual sense, but also literally.

 

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Sports and Business: Long Term Thinking is Vital for Success in Both

India’s sportspersons have returned to India after a fantastic performance at the Tokyo Olympic Games. Neeraj Chopra’s javelin throw gave India its first ever gold medal in athletics (and second in an individual event). Weightlifter Mirabai Chanu and wrestler Ravi Dahiya won us two silver medals, while boxer Lovlina Borgohain, badminton player P V Sindhu, wrestler Bajrang Punia and the men’s hockey team won bronze medals. Our overall tally of 7 medals is the highest at any Olympics. Overall, a very creditable performance the nation should be proud of.

As a proud Indian, I too am hopeful that the exposure and “big stage” experience gained by our sportspersons in Tokyo, combined with better training, practice infrastructure and facilities will help India better its 2021 performance. However, I worry about the flurry of speculative discussions in the media about how many medals India will win at the 2024 Paris Olympic Games.

The media is full of expert analysis and recommendations on what the government and sports federations need to do to ensure a higher medal tally in 2024. Sportsperson I am not; nor am I a seer. Therefore, I do not know what individuals and teams need to sustainably enhance their performance and win medals for India in the future. But I do know that ad hoc actions will not suffice.

A structured, long-term approach is essential for sustaining success in sports and business

I see a clear parallel between the world of sports and the corporate world, with which I am more familiar. No matter how talented and skilled an individual athlete or player is, skills alone are not enough to win him/her a medal. They need the right coaching, top quality training facilities, regular opportunities to compete with the world’s best, the right nutrition, inputs on biomechanics, mental conditioning etc. Having all this also does not guarantee a medal-winning performance, because, on the day, anything can happen.

Similarly, individual brilliance or an innovative new idea or product alone will not guarantee success in business. India needs to strengthen its ecosystem for business, with a particular emphasis on startups and young ventures. Coaching and mentoring to give better shape to business ideas, access to risk capital, support during the early stages of the business, tax breaks, the right kinds of sector-specific laws and regulations that will help businesses become viable sooner are all elements of what our business ecosystem requires.

Just as world-class sports infrastructure cannot come up in every state or city in the next year or two, incubators cannot come up everywhere. Junior talent identification and nurturing programs too can take 8-10 years to produce top-class sportspeople who are ready to compete on the global stage. Even if physical infrastructure comes up, finding equally qualified coaches for all locations will not be easy.

Although we know that Artificial Intelligence, Cybersecurity, Clean Energy, Electric Vehicles etc. are all critical emerging areas, it is naïve to expect that overnight India will become a leader in these sectors. The same is true of our performance in sports as well. Countries prioritize participation in those sporting events that afford them their best chances of winning medals; India is no exception. This same thinking needs to be applied to business as well. The first step is to mindfully identify sectors that are critical to our future- for example, clean energy, healthcare, space, drones, defence equipment (aircraft carriers, submarines, 6th generation fighter aircraft, anti-missile systems), electronic chips etc.

Then, just as countries identify individuals with promise in the “priority sports”, the government of India (and the private sector) must identify/agree on ventures with the potential to become world-class and nurture them. Within the national business ecosystem, smaller regional ecosystems need to be created across the country, based on resource availability and other strategic considerations. Individual states must compete with each other to build such ecosystems and attract the best entrepreneurial talent. Doing all this will definitely give India a stronger and more vibrant domestic industry, besides acting as prime movers for overall socio-economic development, employment generation and GDP growth.

Spotting and nurturing young talent in various sports must be part of our education system

Also, our education system has focused on academics, with sports and other activities labeled as “extra-curricular”. This needs to change in two ways. First, right from the primary school level, children must be encouraged to participate in different sporting activities. Trained teachers and specialist staff must spot talent and at the right ages, enable specialized training. This obviously must be done with the parents’ active cooperation. Second, for super talented children who wish to pursue sports as a possible career option, specialized institutions must be set up (either by state/central governments or in PPP mode). Children in these institutions must be given extra coaching and training, while also being allowed to pursue a basic level of academics that will help them once their sporting careers end. Seasoned athletes must be invited to train at these facilities so that young aspirants can learn and benchmark against the country’s best. The National Education Policy 2020 seeks to make sports and physical fitness more central to school education, but the proof of the pudding lies in the eating. Only time will tell how seriously this is taken in a country that values grades and marks over excellence in a chosen field.

Concerted action is essential not just for a US$5 Trillion economy but also a richer medal haul in the future

Winning in sports is not easy- and neither is succeeding in business. If we are not quick to act, flight of entrepreneurial talent to other countries is a distinct possibility, and in time, our businesses (and athletes) may end up competing with rivals who also had their origins in India- and could perhaps have been part of our sports contingents and GDP. What is worse, we may be ranked as poorly on innovation in critical areas as we have been in world sports.

Just as countries identify individuals with promise in the “priority sports”, the government of India (and the private sector) must identify/agree on ventures with the potential to become world-class and nurture them. 

 

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India Needs New Regulations - But Simplification of Compliance is Just as Critical

In earlier posts, I have touched upon the need for Indian laws to be updated to better reflect the current environment and foreseeable changes to it brought about by various forces, primarily technology-led innovation. This is not just because of the need to plug legal loopholes that are exploited to the nation’s detriment but also with the objectives of streamlining compliance and better enforcement.

 

Recently, the union government did exactly this when it announced a new set of rules to govern the operations of drones in India. A new draft of the Drone Rules, 2021, now out for public consultation, will, when approved and notified, replace the UAS Rules, 2021, which were announced in March 2021. The fact that the government has come out with a new set of rules within 4 months of issuing the earlier version is a welcome sign of change, as it signals recognition of a rapidly-changing environment as well as the importance of timely and appropriate responses.

Changes are aimed at simplification and less regulatory control

The new rules are remarkable for other reasons as well. At about 15 pages in length, the new rules are only a tenth of the earlier rules. The changes are not limited to the form; there are substantive changes too. The new rules seek to do away with a large number of approvals (e.g., Unique Authorization Number, Unique Prototype Identification Number etc.).  Licensing for micro drones for non-commercial use has been done away with. Recognizing the immense potential for drones to revolutionize our society and economy, the government proposes to develop “drone corridors” for cargo delivery. Prior authorization of drone-related R&D organizations is being removed. A drone promotion council is to be set up, in order to create a business-friendly regulatory regime that spurs innovation and use of drones. All this augurs well for the development of a robust drone ecosystem in India.

Implementing the “spirit” of underlying regulations is vital

The change to the drone rules is a welcome step- just as the consolidation of 29 of the country’s labour laws into four Codes during 2019 and 2020 was. But rationalization becomes futile if there is no element of reform- e.g., doing away with requirements that have outlived their utility or need significant changes to remain relevant in the current environment? There were many expectations around the Labour Codes, but in the months that followed, it is fair to say that there was also much disillusionment amongst industry stakeholders because sticky issues, such as the distinction between “employees” and “workers”, payment of overtime, role of facilitator-cum-inspector etc., remained.

Simplifying compliance is necessary to improve “ease of doing business” further

The World Bank’s 2020 “ease of doing business” report ranks India 63rd; we were ranked 130 in 2016. The 2020 report considered three areas: business regulatory reforms (starting a business, paying taxes, resolving insolvency etc.); contracting with the government, and employing workers. 

But there are miles to go before we sleep. To ensure that India’s entrepreneurial energies and creative intelligence are directed to areas that will be critical in the years to come- e.g., space, AI, robotics, electric vehicles, clean energy etc. all need new regulations or revamp of existing legislations and rules. But this alone will not suffice. Implementing the spirit, and not just the letter of the law and rules and the simplification of regulatory compliance are important angles that government must pay attention to. These are going to be key determinants in improving our “ease of doing business”.

 

Technology is a necessary enabler but it is not sufficient

All regulatory filings- whether for approvals or compliance- should ideally be enabled in digital format. Digital dashboards in the government and other regulatory bodies should facilitate real-time monitoring. Only exceptions or violations should need further actions. To be sure, the government has initiated some steps in this direction- e,g., “faceless” interactions between business and the Income Tax authorities with the intention to reduce human interventions and thus, the possibility of corruption. But if the underlying income tax portal itself is not working properly, as was widely reported soon after it was launched, the desired outcomes will not be achieved.

Moreover, it is not just about having the right technology platforms in place. It is equally critical to bring about a mindset change in the administrative machinery that helps political leadership formulate policy and thereafter, enable implementation and performance monitoring.

Given India’s large domestic market and attractiveness as a base for exports, we as a nation stand on the threshold of a phase of significant economic growth. Many Indian entrepreneurs are establishing businesses overseas; this means that the benefits of jobs, tax revenues and IPR creation all move to other jurisdictions. The longer anachronistic and irrelevant laws remain on our books, and the harder regulatory compliance remains, the more we stand to lose. In a world where global investment flows, trade and supply chains are facing significant change under the influence of numerous forces, it would truly be unfortunate if India loses out largely because of continued difficulties in regulatory compliance.

Image Credits: Photo by Medienstürmer on Unsplash

The longer anachronistic and irrelevant laws remain on our books, and the harder regulatory compliance remains, the more we stand to lose. In a world where global investment flows, trade and supply chains are facing significant change under the influence of numerous forces, it would truly be unfortunate if India loses out largely because of continued difficulties in regulatory compliance.

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Non-Personal Data Governance Framework, 2020

The realm of the internet has become an information powerhouse and data has become the new endowment of resources that governments and corporate entities are eager to tap into. The transformation in the digital environment and the emergence of information-intensive services has made data a necessary raw material for most undertakings.

Reports suggest that every minute Instagram is flooded with 277,000 stories, Google has 4.4 million searches and Uber has over 9700 rides in 2019. Today, data is an asset to various businesses and holds importance while making investments, mergers, and acquisitions, and/ or direct monetization.

 

While the discussion on ‘personal data’ has been revolving around privacy and security concerns, non-personal data is being eyed as an economic opportunity to augment public or private interest which must not be squandered. Considering the value proposition attributed to non-personal data, the legal aspect was sought to be dealt separately from ‘personal data’ which would be governed by the Personal Data Protection Bill, 2019 that is in the brink of finalization.

 

Consequently, an Expert Committee (“Committee“) was constituted by the Ministry of Electronics and Information Technology (“MeitY“) to study various issues relating to non-personal data. The Committee submitted its Report on Non-personal Data Governance Framework for comments from stakeholders in July 2020.

 

The report highlighted that data regulation is essential to utilize the maximum potential in data by realizing its economic, social, and public value. The need to regulate data stems from the imbalances in bargaining power between the companies that lead to the creation of data monopolies. Moreover, the privacy concerns revolving around the dilution of shared data must be tackled.

 

Non-Personal Data (“NPD“) is the data that cannot be identified with a particular individual, for example, weather forecast, traffic details, geospatial information, production processes, anonymized personal data, etc.

 

  1. Committee’s Proposal to Non-Personal Data Regulation

 

The NPD Governance Framework outlines norms for collection of data and data sharing by entities. The salient features of the proposed framework are:

 

  • The NPD framework provides key roles for all the participants such as Data Principal, Data Custodian, Data Trustees and Data Trusts.
  • Classification of NPD: Non-personal Data is further classified into Public NPD, Community NPD and Private NPD. Public NPD is NPD that is collected or generated by the government or by the agency of the government and includes data collected or generated in the course of execution of all publicly funded works (e.g. public health information, vehicle registration, etc.) excluding the one that is explicitly declared as confidential under the law. Community NPD is data about inanimate or animate phenomenon about a particular community of natural persons (e.g. data collected by e-commerce platforms or by telecom). Private NPD is NPD collected or produced by non-governmental entities or persons.
    • Ownership of non-personal data: In cases wherein, non-personal data is derived from personal data of an individual, the data principal for personal data will be the data principal for the NPD too. Further, the rights over the community NPD collected in India will vest in the trustee of such a community.
    • Sensitivity of NPD: The Committee has also defined a new concept of ‘sensitivity of NPD’, as NPD can also be sensitive from the perspective of: a) national security or strategic interests; b) sensitive or confidential information relating to businesses; and c) anonymized data, that bears a risk of re-identification.
    • Data Businesses and data disclosures: There is also the creation of a new horizontal classification called ‘Data Business’ which is when any existing business collects data beyond a threshold level. Such Data Businesses have to get themselves registered and furnish information on what they do/ collect, their purpose, and the nature of data stored. However, registration of Data Businesses collecting data below the threshold is not mandatory.
    • Non-Personal Data Regulatory Authority: NPD Regulatory Authority shall ensure that data is shared for sovereign, social and economic welfare, for regulatory and competition purposes, and also that all stakeholders adhere to the rules and data sharing requirements.
  1. Unanswered Questions: Shortcomings of the proposed Framework:

 

Attempting to govern the NPD is a commendable effort, however, it seems that there is a slew of questions that are left unanswered. The following are the issues relating to the proposed framework:

 

  • The foremost need to govern NPD as highlighted by the Committee is the imbalance in the digital ecosystem. However, neither the sources of these imbalances have been identified or analysed nor has it been clarified how the proposed regulations resolve these inequities.
  • Ambiguous classification of NPD: The various types of NPD have a potential overlap, but then again, clearly demarcating a line between the three types would be a difficult task. Also, one of the three types of NPD is Community NPD, however, there is no clarification as to how the ‘community’ would be determined. The definition of ‘community’ is wide, under the same even religious groups, residents of the same locality or same educational background would be a valid community, which may have conflicting interests over data shared with the government. Further, without any guiding principles, companies will be forced to make legally binding decisions on what they deem to be a valid community, the scope of data to be shared and for the resolution of competing claims, which is problematic at various levels. Moreover, on a particular dataset, there could be various interests, and in such cases, who would be entrusted with the data remains ambiguous.
  • Anonymization of Personal Data to Non-Personal Data: The process of converting personal data into Non-Personal Data by removing certain identifiers or credentials is termed as ‘anonymization’. Anonymization would undoubtedly convert a set of personal data into non-personal data but, such data runs the risks of re-identification. Further, although anonymization is essential, high anonymization could render the data over-generalized and futile.
  • Reactions of Stakeholders to the sharing of data: Mandatory data sharing is highly criticized by stakeholders, as it undermines the investments put in business and the value of intellectual property information the competitors would suffer. This ‘forced data sharing’ is counterproductive and would have a rather negative effect on foreign trade and investments. NPD can constitute trade secrets, that may be protected by IP laws, sharing this data raises concerns around the right to carry business and India’s obligation under international trade law. The purposes for data sharing under the framework are ‘sovereign’, ‘core public interest’, and ‘economic’ purposes which essentially covers all the data held by companies, and must be narrowed down.
  • Lack of Clarity on who really are trustees of Data: There is ambiguity regarding who will be a data trustee. Whether private, for-profit organizations or private entities within the government could be data trustees is not apparent. Also, the position regarding a data trustee’s independence and conflict of interest remains murky. It is essential that the roles and functions of these bodies are comprehensively defined.
  • User-Consent: NPD Framework also proposes that before the anonymization of data the consent of the user must be taken. It remains particularly unclear as to how would the consent be taken from them. Further, a company needs to invest in resources and obtain user consent, and sharing data may provide no incentive to such companies and would drown them into losses.
  • Over-Regulation by Non-Personal Data Authority: Creating altogether a new authority for NPD would lead to potential regulatory overlap given Data Protection Authority addresses and enforces privacy concerns and the Competition Commission of India looks over consumer welfare.
  1. Conclusion

This effort of the Ministry to set up a Committee to study the NPD which may subsequently lead to a legislation governing the NPD in India is praiseworthy, however, a lot of issues need reconsideration. Stakeholders have expressed anguish over the mandatory sharing of data and data disclosures as it conveniently overlooks the humungous investments put in by the companies. Further, the roles and functions of various entities under the framework are not clearly defined. The NPDA established under the framework may have functional overlaps with the CCI and the Data Protection Authority.

 

Moreover, there is ambiguity regarding Community NPD and user consent. There is no doubt that the ever-evolving nature of information technology is demanding as far as regulatory mechanism is concerned therefore the road ahead is arduous. Hopefully, the concerns raised are adequately addressed by the Committee and constructively resolved in favour of all the stakeholders.

Photo by Franki Chamaki on Unsplash

This effort of the Ministry to set up a Committee to study the NPD which may subsequently lead to legislation governing the NPD in India is praiseworthy, however, a lot of issues need reconsideration. Stakeholders have expressed anguish over the mandatory sharing of data and data disclosures as it outrightly overlooks the humungous investments put in by the companies.

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Core Legal Issues with Artificial Intelligence in India

The adoption and penetration of Artificial Intelligence in our lives today does not necessitate any more enunciation or illustration. While the technology is still considered to be in its infancy by many, so profound has been its presence that we do not comprehend our reliance on it unless it is specifically pointed out. From Siri, Alexa to Amazon and Netflix, there is hardly any sector that has remained untouched by Artificial Intelligence.

Thus, the adoption of artificial intelligence is not the challenge but its ‘regulation’ is a slippery slope. Which leads us to questions such as whether we need to regulate artificial intelligence at all? If yes, do we need a separate regulatory framework or are the existing laws enough to regulate artificial intelligence technology?

Artificial intelligence goes beyond normal computer programs and technological functions by incorporating the intrinsic human ability to apply knowledge and skills and learning as well as improving with time. This makes them human-like. Since humans have rights and obligations, shouldn’t human-likes have them too?

But at this point in time, there have been no regulations or adjudications by the Courts acknowledging the legal status of artificial intelligence. Defining the legal status of AI machines would be the first cogent step in the framing of laws governing artificial intelligence and might even help with the application of existing laws.

A pertinent step in the direction of having a structured framework was taken by the Ministry of Industry and commerce when they set up an 18 member task force in 2017 to highlight and address the concerns and challenges in the adoption of artificial intelligence and facilitate the growth of such technology in India. The Task Force came up with a report in March 2018[1] in which they provided recommendations for the steps to be taken in the formulation of a policy.

The Report identified ten sectors which have the greatest potential to benefit from the adoption of artificial intelligence and also cater to the development of artificial intelligence-based technologies. The report also highlighted the major challenges which the implementation of artificial intelligence might face when done on large scale, namely (i) Encouraging data collection, archiving and availability with adequate safeguards, possibly via data marketplaces/exchanges; (ii) Ensuring data security, protection, privacy and ethical via regulatory and technological frameworks; (iii) Digitization of systems and processes with IoT systems whilst providing adequate protection from cyber-attacks; and (iv) Deployment of autonomous products and mitigation of impact on employment and safety.[2]

The Task Force also suggested setting up of an “Inter–Ministerial National Artificial Intelligence Mission”, for a period of 5 years, with funding of around INR 1200 Crores, to act as a nodal agency to coordinate all AI-related activities in India.

 

Core Legal Issues

When we look at the adoption of artificial intelligence from a legal and regulatory point of view, the main issue we need to consider is, are the existing laws sufficient to address the legal issues which might arise or do we need a new set of laws to regulate the artificial intelligence technologies. Whilst certain aspects like intellectual property rights and use of data to develop artificial intelligence might be covered under the existing laws, there are some legal issues which might need a new set of regulation to overlook the artificial intelligence technology.

 

  • Liability of Artificial Intelligence

 

The current legal regime does not have a framework where a robot or an artificial intelligence program might be held liable or accountable in case a third party suffers any damage due to any act or omission by the program. For instance, let us consider a situation where a self-driven car controlled via an artificial intelligence program gets into an accident. How will the liability be apportioned in such a scenario?

The more complex the artificial intelligence program, the harder it will be to apply simple rules of liability on them. The issue of apportionment of liability will also arise when the cause of harm cannot be traced back to any human element, or where any act or omission by the artificial intelligence technology which has caused damage could have been avoided by human intervention.

One more instance where the current legal regime may not be able to help is where the artificial intelligence enters into a contractual obligation after negotiating the terms and conditions of the contract and subsequently there is a breach of contract.

In the judicial pronouncement of United States v Athlone Indus Inc[3] it was held by the court that since robots and artificial intelligence programs are not natural or legal persons, they cannot be held liable even if any devastating damage may be caused. This traditional rule may need reconsideration with the adoption of highly intelligent technology.

The pertinent legal question here is what kind of rules, regulations and laws will govern these situations and who is to decide it, where the fact is that artificial intelligence entities are not considered to be subject of law.[4]

 

  • Personhood of Artificial Intelligence Entities

 

From a legal point of view, personhood of an entity is an extremely important factor to assign rights and obligations. Personhood can either be natural or legal. Attribution of personhood is important from the point of view that it would help identify as to who would ultimately be bearing the consequences of an act or omission.

Artificial intelligence entities, to have any rights or obligations should be assigned personhood to avoid any legal loopholes. “Electronic personhood”[5] could be attributed to such entities in situations where they interact independently with third parties and take autonomous decisions.

 

  • Protection of Privacy and Data

For the development of better artificial intelligence technologies, the free flow of data is crucial as it is the main fuel on which these technologies run. Thus, artificial intelligence technologies must be developed in such a way that they comply with the existing laws of privacy, confidentiality, anonymity and other data protection framework in place. There must be regulations which ensure that there is no misuse of personal data or security breach. There should be mechanisms that enable users to stop processing their personal data and to invoke the right to be forgotten. It further remains to be seen whether the current data protection/security obligations should be imposed on AI and other similar automated decision-making entities to preserve individual’s right to privacy which was declared as a fundamental right by the Hon’ble Supreme Court in KS Puttaswamy & Anr. v Union of India and Ors[6]. This also calls for an all-inclusive data privacy regime which would apply to both private and public sector and would govern the protection of data, including data used in developing artificial intelligence. Similarly, surveillance laws also would need a revisiting for circumstances which include the use of fingerprints or facial recognition through artificial intelligence and machine learning technologies.

At this point in time there are a lot of loose ends to be tied up like the rights and responsibilities of the person who controls the data for developing artificial intelligence or the rights of the data subjects whose data is being used to develop such technologies. The double-edged sword situation between development of artificial intelligence and the access of data for further additional purposes also needs to be deliberated upon.

Concluding Remarks

In this evolving world of technology with the capabilities of autonomous decision making, it is inevitable that the implementation of such technology will have legal implications. There is a need for a legal definition of artificial intelligence entities in judicial terms to ensure regulatory transparency. While addressing the legal issues, it is important that there is a balance between the protection of rights of individuals and the need to ensure consistent technological growth. Proper regulations would also ensure that broad ethical standards are adhered to. The established legal principles would not only help in the development of the sector but will also ensure that there are proper safeguards in place.

In this evolving world of technology with the capabilities of autonomous decision making, it is inevitable that the implementation of such technology will have legal implications. There is a need for a legal definition of artificial intelligence entities in judicial terms to ensure regulatory transparency. While addressing the legal issues, it is important that there is a balance between the protection of rights of individuals and the need to ensure consistent technological growth.

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