Let us first discuss about the EU’s AI Act, and then we will delve into the main question of ” EU has an AI Act, India doesn’t. Why is that?”.
What is the EU’s AI Act?
It is a risk based AI legislation. The Act has categorized AI systems based on their amounts of risk. There are four categories of AI systems under this Act :-
1. AI systems with unacceptable risk :These systems are prohibited. Examples of these systems include social scoring systems, use of real-time remote biometric identification in public spaces etc.
2. AI systems with High Risk: These systems are permitted, must comply with multiple safety requirements. They must also undergo conformity assessment. Examples of high risk AI systems include operation of critical infrastructure etc.
3. AI systems with Limited Risk: These systems are permitted but transparency is the key requirement for these systems.
4. AI systems with Minimal Risk: These systems are permitted but they need to follow the code of conduct prescribed.
Let’s answer the main question now, that is ,EU has an AI Act, India doesn’t. Why is that?
So why does India not have AI law?
The most common answer would be that India’s AI market is still at an infant stage and there is no need for AI regulations right now. It is because AI regulations might have the tendency to hamper AI growth in India.
Now I am going to put forward a different take on this issue. Some people might find this too frank or blunt, but somebody had to say it.The only answer to this question is the lack of political will in this country. Since Acts(Legislations) are a product of the legislative body , the lack of political will has hampered the development of laws in India. Many necessary laws that are the need of the hour are still not framed/passed in India and AI law is no exception.
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For more information on EU’s AI Act, you can visit https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence