Speaking on Friday at the Mint Digital Innovation Summit 2024, Supreme Court lawyer and cyber law expert Pavan Duggal stated that India urgently needed to pass legislation regulating artificial intelligence technologies.
Duggal emphasized how other countries have already advanced in their governance of AI. “The European Union has its AI Act, China has laws regulating generative AI, and New York has taken steps to prevent AI from perpetuating bias or interfering with elections," he said. He cautioned that India runs the risk of slipping behind in the global digital race in the absence of comparable legislative actions.
Gaps in India's legal framework He emphasized the serious shortcomings in India's present legal system, calling it antiquated and unprepared to deal with the swift developments in artificial intelligence and cybersecurity.
“India is on a remarkable journey towards a $1 trillion digital economy by 2028," Duggal said, recognizing the potential of the country's growth in digital. He did, however, issue a warning: in order to achieve this lofty goal, strong legal frameworks that can handle the challenges of digital transformation must be established. “The Information Technology Act, 2000, our mother legislation, is now 24-years old. It simply cannot address the nuances of today's digital and AI advancements," Duggal explained.
He went on to emphasize that although the IT Act and its ensuing revisions—such as the IT Rules 2021—have made progress in safeguarding the cyber ecosystem, these steps are insufficient in the face of new technologies and their associated difficulties. “We do not have a dedicated law on AI or cybersecurity. The only recourse we have is the IT Directions 2022, which mandates reporting cybersecurity breaches within six hours. This is not enough," Duggal remarked.
“Duggal also brought up the Digital Personal Data Protection Act, 2023, which was passed but hasn't been put into effect yet. He said that if this law is strictly implemented, it might completely alter the game. “With fines up to ₹250 crore for non-compliance, this Act could significantly impact how personal data is managed. It’s a catalyst for ensuring diligence, transparency, and responsibility in data handling," he noted.”
The attorney also talked about what he referred to as the "great Indian recording revolution" and the "great Indian vomiting revolution," which refer to the massive sharing and recording of personal data without giving privacy or legal ramifications any thought. “Indians are generating humongous volumes of data, but traditionally, we have not valued data. This mindset must change," Duggal asserted.
He also cautioned that there is no law in India that shields businesses from ransomware assaults.
"India cannot afford to play catch-up; the world is looking to us for thought leadership. 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.
