Artificial Intelligence presents great opportunities and potential risks to countries around the world, and India is no exception. India has a huge and thriving high-tech workforce. The country also attracts millions of dollars in foreign direct investment, making it a major player in the global technology supply chain. With this growth, AI technologies will make their way into many Indian industries, such as healthcare, technology, workforce, and education, forcing the Indian government to take steps towards regulating AI.
In recent posts, we discussed the position of US President Joseph Biden sweep Executive Order on Amnesty International And the Reach a compromise On the Artificial Intelligence Law between representatives of the Council of the European Union, the European Parliament and the European Commission. As with its global counterparts, the Indian government recognizes the potential of AI to have a systemic impact on society, including negative impacts such as bias and privacy violations. In the past few years, India has introduced initiatives and guidelines for the responsible development and deployment of AI technologies, but there are currently no specific laws regulating AI in India.
Defining principles and frameworks
The Indian government has mandated NITI Aayog, its premier public policy think tank, to develop guidelines and policies for the development and use of artificial intelligence. In 2018, NITI Aayog released the National Artificial Intelligence Strategy #AIForAll The strategy, which included guidelines for AI research and development focusing on healthcare, agriculture, education, “smart” cities, infrastructure, mobility and smart transformation.
In February 2021, NITI Aayog was released Part I – Principles of Responsible AI, An approach paper exploring the various ethical considerations for deploying AI solutions in India, divided into system and societal considerations. While system considerations mostly deal with the general principles behind decision making, proper inclusion of beneficiaries, and accountability for AI decisions, societal considerations focus on the impact of automation on job creation and employment. In August 2021, NITI Aayog was released Part Two – Operationalizing the Principles for Responsible AI, Which focuses on activating the principles of responsible artificial intelligence. The report details actions to be taken by both the government and the private sector, in partnership with research institutes, to cover regulatory and policy interventions, build capacity, stimulate ethics through design, and create frameworks for compliance with relevant AI standards. .
The Government of India also recently passed a new privacy law Digital Personal Data Protection Law in 2023, which it could leverage to address some privacy concerns related to AI platforms.
Global partnership in the field of artificial intelligence and international cooperation
In addition, India is a member of the Global Partnership for Artificial Intelligence (GPAI). GPAI Summit 2023 was held recently in New Delhi, where GPAI experts presented their work in responsible AI, data governance, future of work, innovation and marketing. the GPAI website It states, “As a vital arm of the initiative, GPAI experts produce outcomes that can be integrated into members’ national strategies to ensure inclusive and sustainable development of AI. Under the 2023 themes of climate change, global health and societal resilience, experts worked to ensure that AI is used responsibly to address Current challenges around the world. On the other hand, GPAI members adopted the 2023 Ministerial Declaration, which reaffirms their commitment to the trustworthy governance of AI in line with the OECD AI Principles, as well as their dedication to implementing those principles from Through the development of regulations, policies, standards, policies, and other initiatives. In doing so, they highlighted efforts to bridge the gap between theory and practice, and promote responsible, sustainable, and inclusive AI.
Other Indian agencies are also working on AI policies in the country, including the Ministry of Electronics and Information Technology, which has established committees on AI that have provided Reports on development, safety, and ethical issues related to artificial intelligence. The Bureau of Indian Standards, India's national standards body, has also set up a committee on artificial intelligence proposing this Draft Indian Standards for Artificial Intelligence.
While the Government of India has taken steps to regulate AI, its approach has been primarily pro-innovation by developing policies and guidelines that recognize ethical concerns and risks surrounding the use of AI that may require the adoption of best practices. Given India's advantage of having a strong software development industry, this approach makes sense until the government formally enacts AI regulations.
International opportunities
The AI landscape in India is constantly evolving. However, uncertainty has not stopped local and international interest and growth in this field. General Atomics Aeronautical Systems, Inc. announced announced a partnership with an India-based artificial intelligence company, 114ai, to develop advanced technology for complex military systems. In September 2023, US-based chip company NVIDIA announced partnerships with Indian conglomerate Reliance Industries Ltd. and Tata Cloud Infrastructure and Language Modeling Group, where NVIDIA will provide the computing power needed to build the AI cloud infrastructure platform.
An entity looking to enter the AI space in India should carefully consider The best legal path For such entry, whether through a joint venture, strategic alliance, or wholly owned subsidiary. Each path can be utilized, and structures can be put in place depending on the level of investment and control required by the foreign investing entity. This is especially important in a dynamic field like artificial intelligence, where regulation is constantly evolving. Issues such as liability for harm caused, intellectual property rights for AI systems, and privacy and data protection are not fully clarified in the regulations. Therefore, entities looking to enter this field must carefully consider the best legal and contractual protections.
