Browsing by Subject "Regulation"

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Open Access
Human Gene Editing and Its Inherent Conundrums: Legal Perspectives
(University of North Bengal, 2022-03) Sarkar, Madhumita Dhar; Mazumder, Belayet Hussain
Gene Editing, as a work of human ingenuity and innovation, opens up a vast range of possibilities for human existence in the future. While Gene Editing, on the surface, opens up the possibility of human perfection, it also raises a slew of ethical, philosophical, economic, and legal difficulties. From the standpoint of India’s commitment to ensuring an egalitarian society in which access to the fruits of science and technology is made available to both the rich and the poor, the prospect of Gene Editing raises deep and complex questions about the disparity in the capacity of the less resourceful to reap the benefits of this scientific advancement. The propriety of pushing such a disruptive technology - of men having the potential to fundamentally and dramatically alter nature’s systems of creation and sustenance - is also a factor in Gene Editing. Gene Editing also brings up the classic “Frankenstein” question: are we unleashing a beast beyond our control? Is it possible to get a global consensus on Gene Editing’s inherent limitations, if there are any? Because Gene Editing involves decrypting the fundamental building components of any human person, it raises the important question of whether such information should be made public, as well as the risks that come with it. Within its limited scope, this study makes a determined effort to address the aforementioned conundrums. It also attempts to provide a glimpse into the future that we are moving towards in terms of Human Gene Editing. While the scope of the various issues relating to Gene Editing is vast, the paper focuses primarily on the dimensions of Gene Editing’s economic perspective in India, its ethics, law, and scientific progress, informed consent and counselling in the domain of Gene Editing, and the need for transparency and accountability in the domain of Gene Editing.
Open Access
NOTES AND COMMENTS Regulating Artificial Intelligence under Data Protection Law: Challenges and Solutions for India
(University of North Bengal, 2023-09) Naithani, Paarth
As India moves toward enacting a comprehensive data protection legislation, it becomes essential to examine the possible application of India’s proposed data protection law to the use of Artificial Intelligence (AI). The various challenges posed by AI to data protection principles and data principals’ rights need to be examined. The need for data maximisation in the use of AI challenges the principle of collection limitation. The difficulty in anticipating the processing purposes of AI challenges the principle of purpose limitation. With a brief introduction to AI and data protection law in India, the paper examines the compatibility of various data protection provisions under India’s Digital Personal Data Protection Act, 2023 with AI. The paper also provides recommendations for data protection regulation of AI. The paper proposes the need to hold data fiduciaries accountable using Data Protection Impact Assessments, Codes of Practice and Security Measures. Besides, there is a need to define the fiduciary duty of care between the data principal and data fiduciary. There is a need recognize data protection by design and default and the Right against automated decision making. Technical solutions need to be explored, but at the same time, AI must not be over-regulated. Lastly, there is a need for flexibly interpreting the provisions of the proposed data protection law.
Open Access
Safeguarding Privacy in the Age of AI-Powered Legal Services: Navigating Data Protection Challenges and Ethical Imperatives
(University of North Bengal, 2024) Yadawa, Surendra Kumar; Singh, Sukhwinder
In the age of Artificial Intelligence (AI) and quantum computing, information is moving worldwide. No aspect of life is left untouched by it, the increasing use of Artificial Intelligence (AI) has raised concerns about privacy as well as data security among governments, industry and common people. The absence of legal coherence with the changing technological landscape has made the challenge even tougher. AI's transformative impact on judicial services necessitates balancing innovation with privacy, focusing on managing sensitive data, regulatory compliance, and ethical standards in AI-driven legal frameworks. This explores data protection challenges, and ethical imperatives in AI-powered legal services, emphasising privacy safeguards and regulatory compliance mechanisms. Integrating AI in legal services demands a comprehensive approach to address data privacy, security, and ethical considerations. In India, the evolving AI landscape emphasises the need for robust regulatory frameworks to ensure compliance with privacy concerns and mitigate risks. The complexity of AI systems necessitates transparency, accountability, and human oversight at every stage of development and deployment. Ethical imperatives, such as safeguarding user rights and maintaining public trust, are crucial. Indian experiences highlight a growing demand for legal frameworks that balance innovation with data protection, ensuring AI technologies serve justice without compromising privacy. This article advocates for active assessment of AI systems within the framework of existing laws, and calls for responsible innovation focused on AI applications and impacts and legal compliance of AI technologies in India, paving the way for a sustainable and privacy-focused approach to AI governance.