| PYQ Relevance: Q) “The emergence of the Fourth Industrial Revolution (Digital Revolution) has initiated e-Governance as an integral part of government”. Discuss. (UPSC CSE 2020) |
Mentor’s Comment:
UPSC Mains have focused on the ‘Fourth Industrial Revolution (Digital Revolution)’ (in 2020), and ‘different types of cyber crimes ’ (2021).
In 2019, India announced plans to create the world’s largest facial recognition system for policing, which has since evolved into widespread deployment of AI-powered surveillance across railway stations and crime patrols. Plans for 50 AI satellites further expand this infrastructure. While integrating AI into law enforcement offers potential, it raises serious legal and constitutional concerns, including risks of “dragnet surveillance (Indiscriminate data collection beyond suspects, infringing on privacy rights).”
Today’s editorial focuses on the legal frameworks, gaps, and issues surrounding AI surveillance in India and its impact on constitutional rights, especially privacy.
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Why in the News?
A robust regulatory framework is crucial to effectively manage AI’s impact on civil liberties, ensuring rights protection and responsible usage.
| Existing Legal Frameworks Governing AI Surveillance in India • Constitutional Provisions: The right to privacy is enshrined in Article 21 of the Indian Constitution, which was affirmed by the Supreme Court in the landmark case K.S. Puttaswamy vs Union of India (2017). o This ruling recognized privacy as a fundamental right, extending to informational privacy and emphasizing the need for robust legal frameworks to address challenges posed by surveillance technologies. • Digital Personal Data Protection Act (DPDPA): Enacted in 2023, the DPDPA aims to regulate data privacy and consent management. However, it has been criticized for broad exemptions that allow government agencies significant leeway in processing personal data without consent, particularly concerning medical treatment during epidemics and employment-related data. • Lack of Specific AI Regulations: Currently, there is no comprehensive legislation specifically governing AI surveillance technologies in India. While the government has promised future regulation under the Digital India Act, no draft legislation has been made public yet, leaving a regulatory gap. |
Impact of AI Surveillance on Civil Liberties and Privacy Rights in India
- Potential for Overreach: The deployment of AI-powered surveillance systems raises concerns about “dragnet surveillance,” where data is indiscriminately collected from individuals beyond just suspects or criminals. This can lead to significant infringements on citizens’ rights.
- Data Breaches and Misuse: Incidents like the Telangana Police data breach highlight vulnerabilities in data collection practices, where sensitive information from social welfare databases was accessed without transparency or accountability.
- Imbalance in Legal Framework: The existing legal framework appears skewed towards state surveillance capabilities at the expense of individual rights. The DPDPA’s provisions place heightened scrutiny on individuals while granting broad powers to the government, raising concerns about potential misuse of personal data.
Measures to Enhance Regulatory Oversight of AI Surveillance Technologies
- Comprehensive Regulatory Framework: Establishing a detailed regulatory framework that addresses the implications of AI surveillance on civil liberties is essential. This framework should include clear guidelines on data collection practices, specifying what data is collected, its purpose, and retention periods.
- Transparent Consent Mechanisms: Implementing stringent consent requirements with narrow exemptions is crucial. This should involve independent judicial oversight for processing personal data to ensure that citizens’ rights are protected.
- Adopting a Risk-Based Approach: India could benefit from adopting a risk-based regulatory approach similar to the European Union’s Artificial Intelligence Act, which categorizes AI activities based on their risk levels and imposes restrictions on high-risk technologies.
- Public Accountability and Oversight: Regular transparency reports and independent audits should be mandated for all agencies utilizing AI surveillance technologies to ensure accountability and build public trust in these systems.
- Legislative Action: Prompt legislative action is needed to fill existing regulatory gaps and establish clear guidelines governing the use of AI in law enforcement, ensuring that civil liberties are not compromised in the pursuit of technological advancement.
Conclusion: To safeguard civil liberties while leveraging AI surveillance, India must enact comprehensive legislation, adopt risk-based regulations, and enforce stringent consent mechanisms with judicial oversight. There is a need for prompt legislative action is critical to ensure a balanced approach between technological progress and citizens’ rights protection.
