AI, Deepfakes and Data Privacy in India: Who Owns and Controls Your Digital Identity? : Author: Chithra C
Another development happened in the cyber worlds the influence of artificial intelligence also known as AI, it’s the technology that enables machines and computers to perform tasks that typically require human intelligence. It helps systems learn from data, organize patterns, and make decisions to solve complex problems. The influence of AI into the world increased the cybercrimes such as emerging fake images, which can influence the personal life of people
ARTICLE
Introduction
Another development happened in the cyber worlds the influence of artificial intelligence also known as AI, it’s the technology that enables machines and computers to perform tasks that typically require human intelligence. It helps systems learn from data, organize patterns, and make decisions to solve complex problems. The influence of AI into the world increased the cybercrimes such as emerging fake images, which can influence the personal life of people. With the interaction of AI into cybersecurity system, governance framework and legal process, new legal challenges emerged, cyber laws are traditionally regenerated to regulate human conduct in cyberspace, now faces the complex task of addressing action performed or facilitated by automated or semi-automated AI System. Deepfakes are images, audio and video produced by training models on large volumes of material, and the better examples reproduce expression and small involuntary movement closely enough that an exchanged face, an altered expression or a cloned voice reads as genuine. The question that arises from the system is that when AI can produce a person's face, voice, image, likeness and other identifiable information, what legal right does that person have to control such use? For answer the question we must look through Indian law, in India digital law is not protected by one single legal right there are different aspects are addresses through different areas of law. In India Digital Personal Data Protection Act, 2023 also known as DPDP Act established the foundational legal framework for the digital data privacy.
Digital Identity in the Age of AI
Digital identity is a unique collection of identity, credentials and attributes to verify the identity of a person , as we thing it is not means the images we post on social media, but it is the name, face, voice, likeness, and other identifiable characteristics like that. Our Aadhar card is one of the main examples that includes all our details, including the biometric details. Our country has the world's largest biometric and demographic digital ID system which operates under UIDAI. In Justice Puttaswamy v. Union of India 2014 Questioned the data privacy of Indian citizen under Aadhaar and our right to privacy under article 21 of the constitution. AI not only creates the data, but it can also transform existing information into new ones. The question arising here does the individual have a right to control AI generated representation of their identity?
Deep fakes as Data?
Deep fakes are formed from the data that we have already have provided in the system , it doesn’t have any Identity of or anything , but the deep fakes can use our data to cybercrimes such as the financial institutions social engineering attack, cyber bullying , it can arise corporate liability concern stock manipulation, deep fake pornography. So, being fake or false doesn’t make it prevent from personal data , the offenders used the personal data of another one to achieve their offences. Then who is responsible for the offence , the creator , the developer or the AI service provider. Privacy violation not only occur when the deep fake circulates in the system, but from the unauthorized processing of our data.
IP and Personality Rights
The concept of personality right is a complicated one , consider a celebrity and a commercial company use his/her face or name without their consent for advertisement, do they can arise concern on that matter ..Yes they can , they have the whole right to question the commercial exploitation for to using their identity without their consent. In case of IP the copyright matte can also arise is not on the copyright of the personality of that person but on the persons likeness , that’s arises a separate personality right issue
Legal frame work
In Indian law, there is no specific law for the AI governance or AI related crimes but IT act and BNS provides legal framework for cyber crimes and their cyber issues. Digital personal Data protection Act (DPDP) 2023, it’s Indian government Al guidelines the secure use of Al in digital World and to protecting the data of the citizen of India. Data security and Privacy safeguard and protection from the misuse of digital World. Indian Computer Emergency Response Team (CERT-In),it’s working under the Ministry of Electronics and Information Technology. Authority issues cybersecurity guidelines and best-practice advisories for users, organizations, and government bodies for the better well use of digital records. These are the legal frame works in India
Who owns our data ?
When there is data, then need a place to storage the whole million of data, then where we storage the data , then the possessor has the ownership on the data. Does he own our data, when we use social medias as posting something and circulate our message to the system , the n the system own our data. As per the law the possession and ownership are two kinds, the possessor don’t have ownership on anyone’s data. A photograph being publicly accessible online should not automatically means that everyone has permission to use that. Consent for visibility is not for the use of their data to another non consent purpose. For to use the data of anyone there need consent from the individual under DPDP act not only to use but also for to collect , circulate, study or anything.
Conclusion
Individuals should have meaningful and enforceable control over their personal identity. Data privacy is not only to protect the data from exploitation but also have the right to control the processing of the data and the right to protect Identity and protection form commercial exploitation. IT Act and BNS addresses the unlawful conduct. Even though there are many Al scripted fake information came to the society but government can’t take any action against them because of the narrow board of law. India needs a more legal framework and AI governs on the matter of Unauthorized AI reproduction, meaningful consent in digital Media, commercial exploitation and platform accountability..
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