Recent Delhi: India must urgently enact a law to regulate artificial intelligence technology, Pavan Duggal, Supreme Court lawyer and cyber law expert, said at the Mint Digital Innovation Summit 2024 on Friday.
Duggal emphasized that other countries are already leading the way in regulating artificial intelligence. “The European Union has its Artificial Intelligence Act, China has laws regulating generative AI, and Recent York has taken steps to prevent AI from perpetuating bias or interfering in elections,” he said. He warned that without similar legislative measures, India risks being left behind in the global digital race.
Gaps in Indian legal framework
He highlighted significant gaps in India’s current legal framework, describing it as obsolete and ill-prepared to cope with rapid advances in artificial intelligence and cybersecurity.
“India is on an extraordinary journey towards a $1 trillion digital economy by 2028.” Duggal said, acknowledging the country’s digital development potential. However, he cautioned that this ambitious goal is dependent on the creation of sound legal structures to manage the complexities of the digital economy “The Information Technology Act 2000, our parent legislation, is now 24 years ancient and is simply unable to address the nuances of today’s digital and artificial intelligence,” Duggal explained.
He further emphasized that while the IT Act and its subsequent amendments, such as the IT Rules, 2021, have made progress in securing the cyber ecosystem, these measures are insufficient in the face of emerging technologies and their challenges. “We do not have a dedicated law on artificial intelligence or cybersecurity. The only thing we have is IT Direction 2022, which requires reporting cybersecurity breaches within six hours. This is not enough,” Duggal noted.
Duggal also mentioned the Digital Personal Data Protection Act, 2023, which, though passed, is yet to be implemented. He noted that this law could be a game-changer if rigorously enforced. “With financial penalties up to ₹250 crore for non-compliance with this Act can significantly impact the way personal data is managed. It is a catalyst for ensuring diligence, transparency and accountability in data processing,” he noted.
The lawyer also discussed what he called the “Great Indian Vomiting Revolution” and the “Great Indian Recording Revolution”, referring to the expansive amount of personal data being shared and recorded without due regard to privacy and legal ramifications. “Indians generate huge amounts of data, but traditionally we don’t value data. This attitude has to change,” Duggal said.
He also warned that India lacks laws to protect companies from ransomware attacks.
“India cannot afford to play catch-up; the world expects thoughtful leadership from us. We must ensure that everyone contributes to the digital transformation process, emphasizing the need for political will and proactive measures to secure India’s digital future,” he said. .
Posted: May 24, 2024 9:17 PM ET
