Evolution of Privacy Laws in the Era of Big Data & Artificial Intelligence
Jagrit Singla
It has been written by Jagrit Singla, a law graduate from Baba Farid Law College, Faridkot.
Introduction:
In the technological and digital era, our lives are fully connected and knotted with technology and it is increasing day by day. All our daily works are intertwined with digital devices and technologies due to which we always remain surrounded by smart devices and social media and do all the interactions and transactions online leaving behind a trail of data with the said online websites etc. This explosion of data, often referred to as “Big Data,” raises concerns about privacy and the need for robust legal protections. Not only this, with the invention of “Artificial Intelligence (AI)” the risks of breach of privacy by using deepfake videos, images, voices, etc. the rate of cyber-crimes has increased as well.
Evolution of data privacy laws
In the early days of the internet, privacy laws were relatively sparse and were not properly recognised, but with technological upgrades, the breach of data privacy increased so, the data privacy laws need to be enforced for the protection of the right of privacy of every person. Thus, various countries started formulating their data privacy laws as in the year 1970, Germany framed its first data protection law.
In 1980, “The Organisation for Economic Cooperation and Development (OECD) Guidelines” came into existence which were the first internationally agreed privacy principles for data protection. The Rules of the OECD provide that the personal data shall be processed transparently for legitimate purposes and the contractors who are processing the on behalf of the OECD should ensure that appropriate technical and operational measures are implemented for the protection of the data.[1]
On 25th May 2018 “General Data Protection Regulation (GDPR),” was enforced to standardise the data privacy laws, which apply to all the member states. The GDPR lays down rules relating to the protection of natural persons regarding the processing of personal data and protects the fundamental rights and freedoms of natural persons particularly the right to the protection of personal data.[2]
PRIVACY LAWS IN INDIA
In India, the “Information Technology Act, 2000” was enacted for data protection and to safeguard the right to privacy which is provided under “Article 21 of the Indian Constitution” as a fundamental right. But still, India lacked in the field of data protection which violates the fundamental right to privacy of the citizens. Again, in August 2023, “The Digital Personal Data Protection Bill, 2022” was introduced which got the President’s assent, and “The Digital Personal Data Protection Act, 2023” was enacted for the protection of personal data. The Act provides the manner for processing digital personal data, which recognises the right of individuals to protect their data as well as the need to process such personal data for lawful purposes.[3]
Privacy laws need to be enacted strictly in India as the breach of privacy of personal data is happening daily in India. The Act provides provisions related to the collection, use, and handling of the sensitive personal data/information of an individual by private organizations or government bodies. It also provides penalties and punishments for any breach.
v Recent Cases related to Artificial Intelligence and Digital Data-
1. “Sachin Tendulkar Deepfake Video:” Recently, a deepfake video of Sachin Tendulkar went viral on social media which showed that Mr. Tendulkar is endorsing a mobile gaming application, which Sachin Tendulkar expressed his concern and urged the people to stop spreading such fake news and harmful trends.
2. “Rashmika Mandana Deepfake Video:” A deepfake video of Rashmika Mandana went viral on social media platforms in 2023, depicting Rashmika Mandana instead of another girl, which was a manipulation of use of technology to harm the status of Rashmika Mandana and the video highlighted the urgent need for the legal action to be taken to thrash the spreading of such fake content online. Later, Delhi Police’s Special Cell arrested the accused in this case.
3. “P.M. Narendra Modi Deepfake Voice:” Nowadays, the voice of our Hon’ble Prime Minister Narendra Modi is used on various songs by using AI technology which went viral on social media platforms. These types of manipulations raise concern that damages the respect and reputation of such Hon’ble persons and must be stopped.
#Case: “Anil Kapoor vs Simply Life India & Ors,” (2023)[4], in this case, Justice Pratibha M. Singh stated that the name, likeness, voice, and any other aspect of persona of Mr. Anil Kapoor, for the creation of any merchandise, ringtones, and other commercial purposes cannot be used unauthorizedly. The Court upholds Kapoor’s personality rights by giving protection to Anil Kapoor’s persona in the age of AI as his intellectual property.
#Case: “Arijit Singh vs Artificial Intelligence,” (2024); Indian Singer Arijit Singh wins copyright case filed against Artificial Intelligence in which the Bombay High Court granted interim relief to Arijit Singh and restrained the AI platforms from creating fake recordings and videos by misusing and exploiting the singer’s voice, fame and identity.
CONCLUSION
Hence, with the upgradation of technology at such a rapid pace in today’s era of digitalisation and big data, privacy laws need to evolve with such technological advancements, so that the offences and crimes related to data privacy can be controlled and stopped. The government must take steps and ensure that the privacy rights of every citizen are being protected, by collaborating with technological companies. As individuals, one must be aware of how the data is being collected and used and must follow the secure and safe steps to keep the personal information safe and secure and enhance the data protection ensuring right to privacy remains protected.
References:
· Information Technology Act, 2000
· Sukriti Mishra, Delhi Court Restrains use of Name, Image, Voice by social media channels & websites Infringing Anil Kapoor’s Personality Rights, https://lawbeat.in/top-stories/delhi-high-court-restrains-use-name-image-voice-social-media-channels-websites
· Nisha Anand, Sachin Tendulkar’s deepfake video sparks concern: How to protect yourself, https://www.business-standard.com/amp/india-news/sachin-tendulkar-s-deepfake-video-sparks-concern-how-to-protect-yourself-124011500687_1.html
· Sounak Mukhopadhyay, Arijit Singh vs AI: Bollywood singer wins case against artificial intelligence mimicking his voice to create songs, https://www.livemint.com/ai/artificial-intelligence/arijit-singh-vs-ai-bollywood-singer-wins-case-against-artificial-intelligence-mimicking-his-voice-to-create-songs-11722493165840.html
[1] Annexure XII, The OECD’s Data Protection Rules and Regulations for Staff.
[2] Article 1, GDPR (Subject and Objectives)
[3] Objectives of Digital Personal Data Protection Act, 2023
[4]Case No.: - CS (COMM) 652/2023, Delhi High Court