India’s AI strides run into privacy law headwinds
Many companies are building proprietary GenAI models without enough transparency about the use of personal data being processed for training purposes, experts said, adding that this could go against the principles of lawful consent, fairness and transparency as prescribed in the Digital Personal Data Protection (DPDP) Act.
The legislation, passed by Parliament in August last year, provides for the protection of the personal data of individuals while allowing the processing of such data for lawful purposes. With privacy being a fundamental right, companies are worried about legal liabilities that could arise over non-compliance, said experts.
“Ideally, using publicly available data for GenAI training without appropriate consent stands in conflict with DPDP or copyright laws,” said Joebin Devassy, senior partner at Desai & Diwanji.
GenAI models generate new output, learn and reason by themselves and adapt to new information, he said, adding, “In such a flow, establishing breach of consent becomes challenging. AI is a complex animal in the court of law.”
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