Innovative AI tools are gaining popularity around the world, but with that popularity, they also raise serious privacy concerns for people and policymakers alike. Currently, there are reports that generalized AI tools such as ChatGPT and Google Bard may experience problems in India as they will not be able to process the personal data of Indian citizens available in the public domain.
Based on Economic Times. this is being surmised by experts from the leaked version of the Digital Personal Data Protection Bill (DPDP), 2023. Despite being approved by the Cabinet this month, the draft/ The final bill has yet to be made public.
If this claim is true, then major AI companies could face lawsuits for taking Indians’ personal information out of the public domain. A similar case is happening in the city. WE against OpenAI’s ChatGPT platform for violating consumer protection laws by obtaining data from the public domain.
The Economic Times quoted a technology expert at a public policy think-tank as saying: “The removal of Article 8(8), which lists any available ‘processing of personal data’ public’ according to the public interest as a criterion to be considered consent, which could influence new AI development such as ChatGPT.”
What is personal data available in the public domain?
Public domains such as public registers, public search engines or public directories, etc. contain personal data of individuals that can be easily accessed or obtained through various channels. These public domains are not protected by any laws such as copyright, trademark or patent laws and they are easily accessible.
For these reasons, different countries such as the United States and Italy has imposed strict restrictions on the matter and now India is also moving towards protecting the privacy of its citizens. This new provision will make it possible for general AI tools to use personal data.
