Don’t need separate law for AI: Panel
NEW DELHI: A high-powered government committee on artificial intelligence (AI) has said India does not require a separate law to regulate AI at this moment as a large number of risks associated with the cutting-edge technological leap can be handled by existing laws. It did, however, highlight the need to create an India-specific risk assessment framework based on empirical evidence of harm.The ‘India AI Governance Guidelines’ also highlighted the need for the industry to adopt “voluntary measures” with respect to privacy and security, while creating a grievance redressal mechanism to enable reporting of AI-related harms.
The guidelines were announced by top functionaries of govt, which included principal scientific adviser Ajay Kumar Sood and IT secretary S Krishnan and committee members Abhishek Singh (additional secretary of IT ministry) and Balaraman Ravindran (IIT Madras professor).
The committee’s guidelines said, “Existing laws (for example on IT, data protection, consumer protection and statutory civil and criminal codes, etc.) can be used to govern AI applications. Therefore, at this stage, a separate law to regulate AI is not needed given the current assessment of risks. However, timely and consistent enforcement of applicable laws is required to build trust and mitigate harm.”However, Krishnan said govt will legislate if the requirement is felt. “… let me again assert that if the need arises for legislation or regulation, govt will not be found wanting.”The guidelines advocate the adoption of “balanced, agile and flexible frameworks” that support innovation while minimising risks. “Review current laws, identify regulatory gaps in relation to AI systems, and address them with targeted amendments.”They committee said goal of the guidelines is to encourage innovation and AI adoption, while protecting individuals and society from the risk of harm. “India’s approach in general is to govern applications of AI by empowering the relevant sectoral regulators, and not to regulate the underlying technology itself.” However, the guidelines note the risks to society and citizens from the onslaught of the new technology. “Mitigating the risks of AI to individuals and society is a key pillar of the governance framework.”The committee seeks creation of a grievance redressal mechanism to enable reporting of AI-related harms and ensure resolution of such issues within a reasonable timeframe. “Publish transparency reports that evaluate the risk of harm to individuals and society in the Indian context. If they contain any sensitive or proprietary information, the reports should be shared confidentially with relevant regulators.” Regarding accountability, the committee suggests a “graded liability system” based on the function performed, level of risk, and whether due diligence was observed.
