Our Comments on “Enforcement Mechanisms for Responsible #AIForAll”
The NITI Aayog released its working document on “Enforcement Mechanisms for Responsible #AIForAll” (hereinafter “document” or “the working document”) on November 18th, 2020 for stakeholder discussion. The document, though in form of a PowerPoint Presentation, serves as an important groundwork on ethics of Artificial Intelligence (hereinafter “AI” or “Artificial Intelligence”) as well as for legislative considerations which have to be taken into account while drafting legislation on AI. The working document, however, was open for stakeholder consultation till December 15th, 2020 i.e. less than the 30 days period stipulated in the Government of India’s Pre-Legislative Consultation Policy. Considering that India is still in nascent stage of exploring the use of Artificial Intelligence and its impact on citizens, it is important to give a sufficient time period to all stakeholders for their inputs. However, the time given to submit comments was subsequently extended. It is also important to prepare an exhaustive document instead of releasing PowerPoint Presentations for consultation.
The working document provides for enforcement mechanisms for Artificial Intelligence via an Oversight Body. However, this enforcement mechanism would be in a regulatory vacuum in the absence of an umbrella or specific legislation governing enforcement mechanisms for Artificial Intelligence.
Most importantly, the working document has not laid down a road-map as to where we are with respect to laws on Artificial Intelligence. The document does not provide any clarity on regulations or on the remedies available for a citizen when faced with harm caused by an AI system. The working document does not delineate the overlap of the Oversight Body with bother regulatory agencies like the proposed Data Protection Authority, Reserve Bank of India, Securities and Exchange Board of India etc.
Read our comments on the document here: