DPDPB 2022 is a bill that is expected to come for discussion in the current Budget Session.
According to Section 11.1 of the Bill,
The Central Government may notify any Data Fiduciary or class of Data Fiduciaries as Significant Data Fiduciary, on the basis of an assessment of relevant factors, including:
a. the volume and sensitivity of personal data processed;
b. risk of harm to the Data Principal;
c. potential impact on the sovereignty and integrity of India;
d. risk to electoral democracy;
e. security of the State;
f. public order; and
g. such other factors as it may consider necessary;
We are now exploring how India could regulate the adverse impact of Artificial Intelligence, Meta Verse usage and Neuro Technology Developments.
While a separate law or an exclusive handling of these areas under the revised ITA 2000, could be an option available to the Government, we should now also consider if the AI/MetaVerse/Neuro technology companies can be declared as “Significant Data Fiduciaries” since they handle unknown risks to a data principal and could also cause risk to electoral democracy, public order etc.
Once such companies are brought under the regulation of the Data Protection Board, the rules can take care of the first draft of the “Artificial Intelligence Regulation”.
The first few aspects of this law could be
a) Creation of a set of Registered AI developers who agree to follow an ethical path to development
b) Providing a unique ID to the registered AI developers
c) Encourage following of a Self Regulatory Code of Conduct for the members
d) Take such steps as are required to ensure that development of AI shall at all times remain within the boundaries of human welfare.
While we urge the Government to take necessary action in this regard, I propose that organizations like FDPPI should start a sub group as Foundation of Emerging Technology Professionals in India and start working on a draft regulation in the background.