AI Tech Forces Governments To Upgrade Laws

June 4, 2021

We are living in a time of science fiction due to advances in AI technology. While we are still far from holographic interfaces and competent digital assistants that do not spy on users, today’s technology was yesteryear’s imaginings. Due to advancements in AI, such as facial recognition, world governments are forced to update laws in order to maintain relevancy says Inc42 in, “How The World Is Updating Legislation In The Face Of Persistent AI Advances.”

Thirteen US stated banned facial recognition technology for police use. The ban is based on implicit biases hardwired into the technology from non-diverse datasets that favor light-skinned people. Meanwhile the European Union continues to protect its citizens’ privacy by restricting technology. The newest addition to the EU’s General Data Protection Regulation (GDPR), article 22, protects individuals’ rights from automated decision making, including profiling. EU citizens are guaranteed human intervention when automation harms their rights and freedoms. China continues to use facial recognition to monitor its people, including minority populations.

India remains in limbo when it comes to AI technology laws. While India has one of the world’s fastest growing economies and technology industries, the country also remains one of the poorest and under developed. Since the world lacks standardized AI legislation, India does not have a reference for its own laws. As an Asian country, India does not want to mirror China and it does not have the same development as Europe and the United States.

India’s government did create a Personal Data Protection Bill (PDPB), but it is stuck in parliament. The PDPB contains consumer protections:

“The Bill gives consumers the rights to access, correct and erase their data in its current form (Refer: Clause 19 of the PDPB “Right to data portability” under Chapter 5 “Rights of the data principal”). This is something that all organizations will have to comply within the timeline stipulated by the government. From a commercial perspective, data transference will be a major challenge, with its impact being harder on start-ups and SMEs. This does provide an avenue for new companies to provide services that help complying with the PDPB laws but will also impact start-ups and SMEs that rely on the consumer’s data and inferences of the data.”

There are also provisions for data localization and demands data is stored within India. Technology companies and startups will be the most affected other than Indian citizens. Restrictions on AI could limit technology business development within the Indian economy, but if the PDPB is passed it would benefit the citizens. There is a fine balance between morality and profit, but the people should come first.

Whitney Grace, June 4, 2021


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