INTRODUCTION
The web generation that we are witnessing unfold around us subsuming every aspect of living, has revolutionised how we perceive everyday life and brought considerable amount of ease, convenience and speed. However, its boons are accompanied by unforeseen banes that pre-existing legal framework cannot address. Since the last few years, the world, which is one global village, has recognised the challenges and demerits that come with rapidly growing technology and applications of Artificial Intelligence. And suddenly legal systems did not have the means necessary to identify and address the contemporary issues and bringing them under the ambit of legal precepts. But law is as organic as society is, always susceptible to change, an ever growing discipline. It is time to legislate on the same and ensure compliance as well as accountability.
NEED FOR LEGISLATION
Artificial Intelligence (referred to as AI) has become an ubiquitous presence in our lives. Its all-pervasive use has ushered in an era of convenience but it is not free of shortcomings. The virtues may present in the form of replacing menial monotonous labour, advancing scientific research, revolutionising medicine and other industries etc. In the workforce, it has multifaceted effects. It can reduce discrimination in the hiring process and ensure a healthier work environment. But on the other hand, AI applications may exhibit a lack of sensitivity towards difference in demographics. In the digital space it can have massive negative impact with the advent of AI-facilitated Deep fakes. Besides, in generative AI, Natural Language Processing (NLP) models are used which can often perpetrate stereotypes, if trained on biased data sets. Unregulated and irresponsible AI use could dangerously impact individuals as well as society.
The underlying legal issues are several, one of them being judicial review. Another could be identifying the perpetrator. With the unchecked use of Artificial Intelligence, there arises several jurisprudential questions as to affixing blame. AI may indirectly promote discrimination against women or persons with disabilities or marginalised communities. This comparative study aims to discuss the regulatory frameworks of European Union, United States and India in tackling AI-related issues.
EUROPEAN UNION: GENERAL DATA PROTECTION REGULATION
The European Union (referred to as EU) passed and executed the world's first comprehensive regulation specifically targeting Artificial Intelligence in 2024. The EU had implemented a robust set of legislation in this area prior to 2024. The General Data Protection Regulation (GDPR) was established in May, 2018.
The GDPR is the fundamental basis for data protection in the European Union. This applies to all entities that handle personal data of individuals located inside the European Union. GDPR enforces many crucial data protection principles, such as legality, equity, transparency, etc. Consent is a crucial element. Data subjects are required to provide their informed consent when processing personal data, especially when it involves sensitive data categories. Automated decision making represents another pillar of GDPR.
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