Author: Samridhi Singh, Shri Ramswaroop Memorial University, Lucknow
TO THE POINT
Artificial Intelligence (AI) has become a futuristic idea transformed into a modern-day instrument molding nearly every industry—health, education, transportation, defense, and law. With developing AI technologies, the conventional legal frameworks come under threat, require new laws, and also create serious issues regarding privacy, accountability, discrimination, and even the essence of legal personhood. This article explores the legal implications, policy regimes, and judicial reactions of AI across jurisdictions.
USE OF LEGAL JARGON
Algorithmic Accountability: Liability of actors employing AI for the results generated by their algorithms.
Data Protection and Privacy Rights: Statutory rights regarding how information is gathered, treated, and utilized by AI systems.
Liability and Negligence: Attribution of fault when AI inflicts injury.
Legal Personhood: Status of AI as a legal subject, that can have obligations or rights.
Bias and Discrimination: Systematic disparity emerging as a result of AI algorithms emulating biased training data.
THE PROOF
UNESCO’s AI Ethics Framework (2021):
Encourages human dignity and inherent rights, claiming AI has to serve humanity.
India’s National Strategy for Artificial Intelligence (NITI Aayog, 2018):
Laid down five areas of focus: healthcare, agriculture, education, smart cities, and smart mobility.
EU AI Act (2024):
Classifies AI systems into risk-based categories—unacceptable risk, high-risk, limited risk, and minimal risk. High-risk AI covers biometric surveillance, critical infrastructure, etc.
Stanford HAI 2023 Report:
Unveils a 200% rise in government interest in AI legislation during 2019–2023, especially in Asia and the EU.
India’s DPDP Act, 2023:
India’s very first comprehensive data privacy law that also impacts AI data processing to ensure consent-based use of data.
ABSTRACT
Artificial Intelligence (AI) represents a technology revolution, but its emergence gives rise to multidimensional legal issues—from data protection to autonomous liability. Governments and courts all over the world are attempting to balance legal frameworks that safeguard citizens but encourage innovation. This article discusses how current and upcoming laws engage with AI, resolving ethical challenges, judicial trends, and regulatory vacuums. Through legal analysis and reference to cases, it presents an in-depth map of AI regulation in India and the world.
CASE LAWS (JUDGEMENTS AND PRECEDENTS)
1. State v. Loomis (Wisconsin Supreme Court, 2016)
Issue: Sentencing using COMPAS (AI risk assessment tool)
Held: AI-aided risk scores may be taken into account, with courts cautioning about their lack of transparency and limitations.
Significance: Points to risks of “black box” algorithms in criminal justice.
2. Brkan v. Facebook (EU, 2021)
Issue: AI-driven micro-targeting and data profiling under GDPR.
Held: Rights to privacy and control over personal data of users maintained; Facebook found liable under data protection legislation.
Significance: EU’s rigorous enforcement of AI-related data abuse.
3. Justice K.S. Puttaswamy v. Union of India (2017)
Indian Supreme Court Judgment:
Established the Right to Privacy as a fundamental right covered under Article 21 of the Indian Constitution.
AI Relevance: AI systems handling biometric or personal data (such as in Aadhaar) are required to comply with constitutional norms of privacy.
4. Schneider v. YouTube (Germany, 2020)
Issue: Algorithmic censorship and freedom of expression.
Held: Platforms should make sure AI moderation tools uphold free speech.
DISCUSSION
1. AI and the Legal Landscape
AI systems imitate mental faculties like learning and problem-solving. Yet they add complexity to classic legal doctrines because:
Lack of Legal Personality: AI, however, is not a juristic person, unlike corporations. Who is responsible when an AI inflicts a tort?
Unpredictability: AI may make autonomous decisions unanticipated by developers.
Opacity: Black box models complicate legal transparency and due process.
2. Data Privacy and AI
AI uses big data for training. With increasing adoption of personal data in AI technologies (e.g., facial recognition, chatbots), consent, purpose limitations, and storage security are the concerns that arise.
Applicable Laws:
India: Digital Personal Data Protection Act (DPDP), 2023
EU: General Data Protection Regulation (GDPR)
USA: Sectoral legislation such as HIPAA (health data), but no federal AI privacy legislation.
3. Bias and Discrimination in AI
Bias in AI happens when algorithms pick up on prejudices present in unbalanced training data. Examples:
Amazon’s hiring AI dropped female applicants.
Legally, this bias can violate:
Article 15 of Indian Constitution – Forbids discrimination.
Equal Protection Clause (14th Amendment, US Constitution)
4. AI and Criminal Justice
Predictive policing software such as PredPol or risk assessment software violates legal standards:
Due Process: Unjustifiable predictions can deny fair trials.
Presumption of Innocence: AI profiling may turn the burden of proof around.
5. Autonomous Cars and Liability
Whereas in AI-based cars, some questions are:
Who is responsible—manufacturer, software company, or car owner?
Must AI carry insurance requirements?
6. AI and Intellectual Property (IP)
Principal challenges:
Is it possible for an AI system to be an author or inventor?
Copyright offices around the world (including India) usually reject AI-created works from protection on grounds of “human authorship.”
Case: Stephen Thaler v. USPTO (2022) – AI system “DABUS” denied inventor status under US Patent Law.
CONCLUSION
AI is not a passive technology anymore—it is an active participant in determining social, legal, and political results. The law has to adapt to reconcile technological progress with human rights. India’s AI tomorrow is contingent on framing an AI-specific legal framework based on constitutional principles of justice, equality, and dignity. Until that happens, courts, regulators, and legislators have to act in concert and make AI serve the people, not against them.
FAQs (Frequently Asked Questions)
Q1. Is there a specific law regulating AI in India?
No, India does not currently have a standalone AI law. However, laws like the IT Act, 2000, and the DPDP Act, 2023, regulate AI-related issues indirectly.
Q2. Can AI be held legally liable for its actions?
Currently, AI lacks legal personhood and cannot be sued or held liable. Responsibility falls on the creator, operator, or deploying entity.
Q3. How is AI being used in the Indian legal system?
AI tools like SUPACE (Supreme Court Portal for Assistance in Court Efficiency) are being used to streamline case management and assist judges in legal research
Q4. Does AI violate the right to privacy?
AI may violate privacy when it collects or processes personal data without consent or due safeguards. The Supreme Court’s Puttaswamy judgment and the DPDP Act aim to curb this.
Q5. What are the global trends in AI regulation?
Globally, there is a shift toward risk-based frameworks (EU), ethical guidelines (UNESCO), and AI Bills of Rights (USA) to balance innovation with safety and rights.
Q6. Can AI-generated works be copyrighted?
Generally, no. Most IP laws require human authorship. AI-created works fall into a legal grey area unless human intervention is substantial.
Q7. What is ‘algorithmic bias’?
It refers to systematic errors in AI that reflect real-world prejudices, resulting in unfair decisions, especially against minorities or marginalized groups.
