The European Union on Artificial Intelligence (AI) has announced the world’s first legislation to regulate artificial intelligence, a comprehensive AI law passed by any other jurisdiction. The law provides for high penalties for developers who do not comply with its rules.
The European Union’s Artificial Intelligence Act, a landmark piece of legislation, extends beyond the territorial competences of its 27 member states and includes predetermined penalties of up to $37 million. This is unique legislation that will be closely watched by other jurisdictions and will be adopted by other jurisdictions in the coming years. This Artificial Intelligence Act is respected in all countries that monitor the application of hearty regulations for AI users, applicators and creators.
EU AI ACT and India
India is not currently in the process of crafting separate laws to regulate AI like in Europe, Brazil, etc. However, a recent MeitY advisory has made predictions about the policy direction India will take as it continues to work on specific laws to govern AI.
However, the lack of separate regulations does not mean that existing regulations and upcoming digital regulations will not apply to AI technologies. It is significant to understand that these regulations, while not designed specifically with AI in mind, can still have a significant impact. Before discussing the importance of India adopting separate AI laws, it is significant to highlight the need for these existing and future laws to work harmoniously as they govern various aspects and functions of AI technologies.
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“For example, as indicated during the consultation on the Digital India Act (DIA), the government is considering introducing provisions in the DIA that would define and regulate high-risk artificial intelligence systems. Therefore, as upcoming regulations separately address various issues related to AI solutions, greater effort is needed to establish coordination between regulations so that different elements work in tandem to tackle the harms caused by technologies,” said Kazim Rizvi, founding director of The Dialogue.
Moreover, it is imperative that the government steps in and provides cushioned, prescriptive guidance to the industry. “These guidelines should focus on operationalizing some of the trustworthy principles of AI, such as transparency and explainability, accountability, fairness and non-discrimination, reliability and security, human autonomy and determination, privacy and data protection, social and environmental sustainability, governance and governance and competitiveness,” Rizvi said.
Experts believe that governments could be guided by normative theories of regulation and establish market mechanisms such as (a) auditing of functions for AI developers and implementers based on policies developed for them, and (b) a rules-based accreditation market enabling competitive advantage for platforms. These actions are not only desirable but necessary for the effective regulation of artificial intelligence in India.
The Artificial Intelligence (AI) Act is the next level at which the world intends to operate to ensure innovation while ensuring privacy and regulatory considerations. The European Union has presented a common regulatory and legal framework, introducing the concept of “unacceptable”. Artificial intelligence was classified based on risk categories and legal intervention accordingly. Third party rated.
“India has concept of data protection but questions encryption via WhatsApp, up-to-date digital bill does not cover complaints of intermediaries where AI innovations and operate cases will emerge, whether or not Meta Data uses publishers’ content (India the only country that does not (has not yet defined the code of negotiation, which is causing harm to publishers) and has to define the code of negotiation or gaming facilitation, it ceases to be an umbrella act with the ability to enable innovation and operate of artificial intelligence,” said Aruna Sharma, Former Secretary, Ministry of Electronics and Information Technology, GoI.
Sharma said the production will be based on artificial intelligence, so health diagnostics and education scoring, delay, wait and watch policies will not work. India needs to become a hub as we have the technical manpower but an umbrella digital act is the need of the day which is pliant and provides quick relief.
Artificial intelligence and its challenges require a framework that takes into account the changing paradigm. Every country needs more thoughtful regulations that balance innovation with risk and harm.
“India made two recommendations, but both lacked thoughtful considerations. India is notoriously indigent at protecting its citizens against data theft, surveillance and cyber fraud. No amount of regulation will facilitate if there is a lack of enforcement and implementation,” said Mishi Choudhary, founder of SFLC (Software Freedom Law Center).
The up-to-date EU Artificial Intelligence Act, which is a global first, regulates artificial intelligence not only in the EU, but also applies to non-EU companies whose artificial intelligence affects EU citizens or exploits their data. As stringent regulations emerge in various jurisdictions that may impact technology companies operating outside India, it is crucial for India to remain competitive. “We need a legal framework that eliminates risks such as liability for damage caused by AI and ensures responsible innovation. Whether through a dedicated Artificial Intelligence Act or by integrating AI legislation with existing sector-specific laws, India must choose the best path forward to ensure safe and sound and responsible development of AI that fosters innovation. Meanwhile, an ‘AI regulatory sandbox’ could enable regulations to be tested in a safe and sound space,” said Dr Amar Patnaik, former Rajya Sabha Member of Parliament.
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