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Sustainable and legal perspective of Artificial intelligence

Artificial Intelligence has the potential to support the achievement of Sustainable Development Goals in developing countries, such as poverty reduction, improved healthcare and education. However, there are several challenges that hinder the implementation of AI in countries, including a shortage of technical expertise, limited access to funding, and legal issues. This research paper focuses on the legal challenges and opportunities associated with the adoption and implementation of AI in specific developing countries.

A doctrinal approach is used, including document analysis. The study showcases the legal challenges for countries in the development of AI for sustainable development. The results highlight the need for appropriate legal frameworks that support the adoption and implementation of AI in states, and address concerns like privacy, criminal liability, civil liability, data security etc. The paper provides valuable insights for policymakers, practitioners, and researchers interested in promoting AI for sustainable development.

The growth of Artificial Intelligence (AI) has brought about a significant impact on various industries throughout society, raising questions about its effectiveness and its potential for contributing to sustainable development. There are evident positive and negative impact of A.I in achieving the sustainable development goals of 2030 agenda.

In the medium and long term, it is projected that AI will affect things like global productivity, equality and inclusion, environmental impacts, and other things. Both favourable and unfavourable implications of AI on sustainable development have purportedly been found. By enabling technological advancements and eliminating present constraints, AI has the ability to positively affect 76% of the 128 targets of the Sustainable Development Goals (SDGs)

When it comes to achieving the Sustainable Development Goals (SDGs), artificial intelligence (AI) is especially important for reducing poverty. This is accomplished through gathering data, creating maps of poverty, and transforming a number of industries, including agriculture, education, and finance, through the use of digital financial inclusion. AI-powered tools, such as satellite imaging, can map poverty and enable more exact targeting of measures to reduce it.

Innovative AI algorithms from organisations like Google and Stanford University's Sustainability and Artificial Intelligence Lab are improving farming operations in the agricultural sector by identifying diseases, forecasting crop yields, and identifying areas that are vulnerable to scarcity. AI in education has enhanced learning through individualised methods and facilitated interaction AI has made it easier to build infrastructure, broadened access to information, encouraged entrepreneurial mindset, and raised the productivity of the shipping industry, which is essential for economic expansion.

To fully benefit from AI's numerous advantages, it is advocated that groups that work towards the SDGs, governments, and development organisations increase their investments in AI and its application and scaling. But there is also a chance that it might have a detrimental impact on 34% of the targets, which encompass the society, economy, and environment the three pillars of sustainable development.

However, the implementation of AI in developing countries faces several challenges, including a lack of technical expertise, limited access to funding, and legal issues related to privacy. This research paper aims to address the legal challenges and opportunities associated with the adoption and implementation of AI in developing countries, and how these can support sustainable development. AI defined

Since ancient times, both as a subject of philosophy and dystopia, artificial intelligence has been a goal of humankind. But this is now a reality because to the rapid rise of recently developed technology. Human dependence on AI technology has significantly expanded in the modern era. There is barely any area of daily life that has remained untouched by technology, from automated autos to drones, from computer science to medical science and from artificially intelligent phone assistants to artificially intelligent lawyers. AI has made human existence more convenient, productive, and time- and energy-efficient.

Artificial intelligence is not precisely defined, in syntax "Artificial intelligence, sometimes known as machine intelligence, is the emulation of intelligent behaviour in devices that have been designed to interpret things like people. It entails creating computer programmes and algorithms that can carry out operations that ordinarily need human intellect, such as speech processing, visual perception, judgement call, and translation."

Legal challenges
Artificial Intelligence (AI) has the potential to impact human rights in both positive and negative ways. Here are a few key ways in which AI and human rights intersect:
  1. Right to Privacy: AI algorithms collect, store, and use large amounts of personal data, raising privacy concerns and increasing the risk of data breaches.

    The right to privacy is an important legal and ethical issue that intersects with Artificial Intelligence (AI) and it Significant links exist between the right to privacy and sustainable development, particularly in relation to the UN's Agenda 2030. According to international law, the right to privacy is a fundamental human right, and preserving it is essential to advancing sustainable development.

    A number of the Sustainable Development Goals (SDGs) included in Agenda 2030 have a direct or tangential relationship with privacy, including:

    Goal 3: Ensure Healthy Lives - It is essential to protect private information in order to retain confidentiality.

    Goal 5: Achieve Gender Equality - Gender-based violence, such as cyberstalking, online harassment, and other types of abuse against women, frequently endangers the privacy of women.

    Goal 8: Foster Economic Growth - Protecting personal data is essential for ensuring that everyone has access to fair and equitable economic opportunities because it is a vital resource for many enterprises.

    Goal 16: Encourage Prosperous and Inclusive Societies - Privacy is crucial for safeguarding individual liberties, the right to seek justice, and the ability to hold those in positions of authority accountable.

    In order to enable the realisation of the SDGs and the practise of other human rights, privacy protection is a crucial element of sustainable development. The protection of privacy is a constant concern that calls for the creation of stringent privacy regulations and the adoption of advanced privacy-enhancing technologies. And the way in which A.I affects the right to privacy are as followed:
    • Data Collection: AI systems often rely on large amounts of personal data to function, which can raise concerns about privacy and the collection, use, and storage of this data. AI systems are able to gather and analyse enormous volumes of data, which may include personal data about individuals. Their name, address, online activity, personal preferences, and even private information like medical records can all be included in this.
    • Data Analysis: AI algorithms can analyse personal data in ways that reveal sensitive information and patterns, which can impact privacy and raise questions about the accuracy and fairness of these decisions, as they utilize the information they gather to forecast a person's behavior or traits. Sensitive information like a person's political opinions, sexual preferences, or health status can fall under this category.
    • Personalized Services: AI systems can use personal data to provide personalized services, such as targeted advertising and recommendations, which can impact privacy and raise questions about who controls this data and how it can be used.
    • Facial Recognition: AI-powered facial recognition systems raise privacy concerns, including the collection and storage of facial images, the accuracy and fairness of these systems, and the potential for misuse and abuse. The collecting and storage of enormous amounts of personal data, including photos and biometric data, is frequently a need of facial recognition technology. Hacking, theft, and improper use of this information are all possibilities. And algorithmic facial recognition systems are not always reliable; people have occasionally been wrongly recognized and exposed to unfavorable outcomes, such as false arrests.
  2. Freedom of Expression: Artificial Intelligence (AI) has the potential to impact freedom of expression in both positive and negative ways and Many of the Sustainable Development Goals (SDGs) in Agenda 2030 are connected to freedom of speech and expression either directly or indirectly, including:

    Goal 4: Ensure inclusive and equitable quality education and encourage opportunities for lifelong learning for everyone - Education is a crucial component in promoting freedom of speech and expression, and access to education is necessary for the advancement of these rights.

    Goal 5: Achieve gender equality and give all women and girls more authority - Due to genderbased violence, such as cyberstalking, online harassment, and other types of violence against women, the freedom of speech and expression of women is frequently in danger.

    Goal 10: Reduce inequalities both within and between nations. Freedom of speech and expression is crucial for decreasing inequalities because it permits the free interchange of ideas and fosters diversity.

    Goal 16: Encourage inclusive and peaceful societies for sustainable development, ensure that everyone has access to justice, and create institutions that are effective, responsible, and transparent. The advancement of peace, the defence of human rights, and the creation of transparent, accountable institutions all depend on freedom of speech and expression.

    Here are a few key ways in which AI and freedom of expression intersect:
    • Censorship: AI systems can be used to censor or restrict access to information and communication, which can limit freedom of expression. Artificial intelligence (AI)-driven censorship systems may be overly strict in their enforcement, resulting in the removal of lawful content that ought to be protected by the principles of free expression. Even if it is not implemented, the possibility of censorship can have a chilling effect on free speech, leading people to self-censor or refrain from speaking out on certain issues out of concern for punishment.
    • Content Moderation: AI algorithms can be used to automate content moderation, raising questions about the accuracy and fairness of these decisions, as well as the potential for censorship and suppression of legitimate speech.
    • Personalized Information: AI systems can use personal data to tailor the information and content that individuals see, which can limit exposure to diverse perspectives and limit freedom of expression. The gathering of individualized data may allow for extensive surveillance, which may chill free speech by leading people to self-censor or refrain from speaking out on particular issues out of concern for retaliation.
    • Algorithmic Transparency: AI systems can make decisions that lack transparency and accountability, making it difficult to understand how and why they arrived at a particular outcome, which can limit freedom of expression. Limited algorithmic transparency makes it challenging to spot and rectify prejudice in AI algorithms, which can restrict some groups' ability to express themselves freely. Unawareness of bias can result in discriminatory effects that stifle freedom of speech and expression.
  3. Liability: AI systems can cause harm or make mistakes, raising questions about who is responsible and liable for these outcomes. This is particularly relevant in areas such as autonomous vehicles, medical AI systems, and AI-powered security systems and the topic of liabilities

    Liability can be categories in two forms:
    1. Criminal liability
    2. Civil liability.
    The concept of liabilities directly and indirectly interconnected with criminal and civil liabilities including:
    Goal:1 Eradicating Poverty - Criminal and civil obligations make sure that people and organisations bear the costs of their unethical or illegal actions, which aid in the fight against poverty.

    Goal 3: Good Health and Well-Being - These obligations safeguard people's health and wellbeing by holding businesses responsible for creating or disseminating dangerous items. Goal 16: Peace, Justice, and Strong Institutions - These liabilities provide a foundation for peace, justice, and strong institutions by enforcing accountability and consequences for criminal or unethical behavior

    Goal 17: Partnerships for the Goals - Criminal and civil responsibilities encourage partnerships towards achieving the SDGs by holding individuals and organizations accountable for their actions.

    Criminal liability
    Criminal liability in AI refers to the responsibility of individuals or organizations for illegal acts committed by artificial intelligence systems. This can include both direct liability for programming and deploying a system that intentionally or recklessly causes harm, as well as indirect liability for failing to prevent the misuse of AI systems by others. The exact nature of criminal liability in AI is still being debated and may vary depending on the jurisdiction and the specific circumstances of each case.
    • When AI is acting as an innocent agent in the first possible situation, the AI entity is presumed to be an innocent agent working according to the instructions of the user. In such a case, criminal liability can arise because of intentional programming by the producer to commit an offence, or misuse of the AI entity by the user for commission of the crime.
    • When AI is acting as a semi-innocent agent: The second possible situation is based on the foreseeability of the producer/programmer or end user as to the potential commission of offenses. In this particular situation, the producer and the user work closely with the AI entity, though they did not intend the particular offence. In such a case, criminal liability can arise in two ways - First, because of negligence or recklessness of the producer in programming the AI entity, and second, natural and probable consequence of the act instructed by the user.
    • When AI is acting as an independent entity/fully autonomous: The third situation is futuristic. In the future, AI entities may be able to function in a totally independent, fully autonomous manner, not solely dependent on the algorithms but learning from their experiences and observations. Such AI entity would have the cognitive capabilities, i.e., the ability to choose between alternate possible solutions to a problem. If such AI entity commits a crime, then such AI entity can be held criminally liable.
    Civil Liability
    Civil liability in AI refers to the legal responsibility for harm caused by artificial intelligence systems in a civil lawsuit. It involves the allocation of financial compensation for damages or losses suffered as a result of the AI system's actions or decisions. The determination of civil liability in AI often involves questions of negligence, breach of contract, or strict liability, and may involve issues such as accountability for the design, deployment, or use of the AI system.
    • Intellectual Property: AI systems can generate new forms of intellectual property, such as original creative works and innovative new products, raising questions about who owns these outputs and how they can be protected and commercialized.
    • Intellectual property (IP) law protects original creations of the mind, such as inventions, literary and artistic works, and symbols and designs. With the increasing use of artificial intelligence (AI) in various industries, there are several legal issues that arise regarding IP rights for AI-generated works.
    • Ownership of AI-generated works: The question of who owns the rights to AI-generated works, the creator of the AI system or the entity that commissioned it, is a matter of debate and varies by jurisdiction.
    • Copyright protection for AI-generated works: In some countries, AI-generated works may be eligible for copyright protection if they meet the originality criteria.
    • Patent protection for AI inventions: AI inventions may be patentable, but the eligibility criteria vary depending on the jurisdiction and the type of invention.
    • Trade secret protection for AI algorithms: Companies may protect their confidential AI algorithms as trade secrets.
    The legal issues surrounding AI and IP rights are complex and evolving, and it's important for companies to seek legal advice to ensure their IP rights are protected.
  4. Data Protection: The integration of artificial intelligence (AI) into our daily lives has come with both great opportunities and significant challenges when it comes to protecting data. Data protection is connected to a number of the Sustainable Development Goals (SDGs) in Agenda 2030, including:
    • Goal 8: Promote consistent, inclusive, and sustainable economic growth, full and productive employment, and respectable employment for all - As it protects people's privacy and their personal information, especially financial information, data protection is crucial for fostering economic progress.
    • Goal 5: Achieve gender equality and give all women and girls more authority - Gender-based violence, including cyberstalking, online harassment, and other types of violence against women, frequently puts women's privacy and data protection at danger.
    • Goal 9: Building resilient infrastructure, fostering inclusive and sustainable industrialization, and encouraging innovation are all part of goal - Data protection is crucial for doing this because it ensures the privacy and security of people's personal information, including their data and intellectual property.
    • Bias and Discrimination

    • One of the biggest problems associated with AI is the potential for bias and discrimination to be perpetuated through the algorithms. These systems are only as good as the data they are trained on, and if the data used to train them contains biases, then the algorithms will also have those biases.

      For example, facial recognition technology that is trained primarily on white faces may not perform well on people with darker skin tones. This can result in unequal treatment and discriminatory outcomes for certain groups, which is unacceptable.
    • Privacy Concerns

    • The collection, storage, and use of vast amounts of personal data by AI raise serious privacy concerns. Personal information, such as names, addresses, dates of birth, and biometric data, is susceptible to being used for malicious purposes, such as identity theft or targeted advertising.
    • Lack of Transparency

    • The complexity of AI algorithms can make it difficult to understand how they work and assess their impact, leading to a lack of transparency. This can result in a lack of accountability, making it challenging to determine who is responsible in the event of an error or harm caused by the system.
    • Algorithm Accountability

    • AI systems can have significant impacts on individuals and communities, and it is important to determine who is responsible in case of an error or harm. For example, an AI system used in employment screening may reject a candidate based on an incorrect assessment of their qualifications, causing financial and career-related consequences.
    • Data Security

    • The security of personal data is paramount. Encryption, access controls, and regular audits of data storage systems are essential to protect personal information from unauthorized access and potential misuse.
  5. Cyber security:
    AI systems are vulnerable to hacking and cyber attack which can have serious consequences for individuals and organizations. And some of the ways that cybersecurity is related to the SDGs of Agenda 2030 include:-

    Goal 3: Good Health and Well-Being - Because cyberattacks on healthcare systems have the potential to disrupt vital services and compromise sensitive data, cybersecurity is crucial for safeguarding the health and wellbeing of individuals as well as communities.

    Goal 8: Decent Work and Economic Growth - Building trust in digital transactions and protecting businesses and other organisations from the expense and disruption of cyberattacks are both essential for fostering economic growth.

    Goal 9: Industry, Innovation, and Infrastructure - As it helps to prevent the theft of intellectual property and other important information and assures the safe and secure operation of critical systems, cybersecurity is crucial for fostering innovation and infrastructure.

    Goal 16: Peace, Justice, and Strong Institutions - Cybersecurity contributes to the establishment of peace and justice by guarding against the misuse of technology, such as cybercrime and cyberterrorism, as well as by promoting the growth of a safe and reliable online environment.

The use of artificial intelligence (AI) in cyber security raises several legal issues, including:

  • Data protection and privacy: AI systems often collect and process vast amounts of personal data, which can be vulnerable to cyber attacks and breaches. This raises questions about the protection and privacy of personal data.
  • Liability for cyber attacks: The deployment of AI in cyber security can raise questions about liability in case of a cyber attack. Who is responsible for the attack - the AI system, the company that developed it, or the user?
  • Regulation: There is a lack of clear and comprehensive regulation for the use of AI in cyber security, which can result in a lack of accountability and legal certainty.
  • Interference with human rights: The use of AI in cybersecurity, such as in surveillance and censorship, can interfere with human rights, such as privacy and free expression.

The legal issues related to AI and cybersecurity are complex and evolving, and it is important for companies and governments to consider these issues and ensure that the deployment of AI in cybersecurity is aligned with legal and ethical principles.

International relation/regulation
There are currently few international laws and rules that deal explicitly with the application of artificial intelligence (AI). However, a number of efforts and organisations are attempting to develop moral and legal standards for the development and application of AI. For instance:
  • The AI Principles of the Organization for Economic Cooperation and Development (OECD): The OECD unveiled a set of guidelines for AI deployment in 2019 that contain clauses aimed at upholding human rights, like the freedom of speech and expression.
  • The proposed AI regulation for the European Union: A rule for AI was put forth by the European Union in 2021 to create a regulatory environment for its use only within EU. The goal of the rule is to make sure that AI is used in a way that respects fundamental freedoms like the freedom of speech and expression.
  • Germany and India's recent AI national strategies to harness AI for future innovation and growth opens a window to compare these prospective AI national policies in a comparative framework. The specific aim has been to study convergences and divergences in these national strategies and explore how privacy concerns are handled in these documents given AI's propensity to work with Big Data, much.
  • The comparison of German and Indian AI policy strategies brings out some points of convergences: both countries acknowledge privacy as a fundamental right, and both have made AI development as one of the key policy agendas given its potential to fuel future growth. Germany and India have similar AI-enabled growth vision and framed privacy as a fundamental right through their constitutional mechanisms. Yet, there are points of divergences as well. Variations in terms of cultural, political, and economic context exist in the way each country views privacy. Germany's privacy laws and enforcement are stronger compared to India's. Germany's AI national strategy emphasizes on strong ethical standards and wishes to build competitive advantage around its ethical AI solutions. In India's case, development, growth, job creation, skill development takes precedence over ethics and privacy issues.
  • The United Nations is already working to establish frameworks for the regulation of AI. These frameworks aim to promote responsible AI development and deployment, while also ensuring that AI is used for the benefit of society. However, the development of international regulations for AI is a complex and ongoing process, and it will require cooperation and coordination among governments, international organizations, and the private sector.

AI regulation in India
AI systems rely on large amounts of data to function, raising questions about data governance, including who controls this data, how it can be used, and who has access to it.

In India, the regulation of AI and data governance is still in its nascent stages. However, the Indian government has been actively working towards creating a framework for AI governance.
  • Personal Data Protection Bill: The Personal Data Protection Bill, 2019, which was introduced in the Indian parliament, aims to regulate the collection, storage, and use of personal data in India. The bill places obligations on entities handling personal data and gives individuals control over their personal data.
  • National Artificial Intelligence Strategy: In 2020, the Indian government released the National Artificial Intelligence Strategy, which outlines the government's vision for the development and deployment of AI in India. The strategy emphasizes the need for ethical and responsible use of AI.
  • Sector-specific regulations: Some sectors, such as healthcare and finance, have sector-specific regulations for data protection and privacy. For example, the Reserve Bank of India has issued guidelines for the use of AI in the banking sector.
  • Data localisation: The Indian government has emphasized the need for data localisation, which requires companies to store certain categories of data within India. This is aimed at ensuring data protection and privacy for Indian citizens.

The Indian government is taking steps to regulate AI and data governance, but a comprehensive legal framework for AI is yet to be established in India.

Outcome of the literature Review
Above literature has highlighted the need for legal frameworks to adapt to the proliferation of artificial intelligence and its impact on various areas such as education and intellectual property rights. The development of robotics is influenced by different jurisdictions, with Japan and Korea promoting co-existence between humans and robots while the US views them as labor tools.

The integration of AI into our lives will bring both benefits and challenges, but there is a need for a robust intellectual property framework to address the legal issues that may arise. The paper concludes with a call for further discussion and a national strategy for AI to fully participate in the AI innovation wave, with a focus on the intersection of AI and education through the lens of human rights, democracy, and the rule of law.

Some of the above papers have also proposes a new approach to data protection impact assessment called the "Human Rights, Ethical and Social Impact Assessment (HRESIA)". It argues that the traditional focus on data quality and security is insufficient and that a broader view is needed to consider the impact of data processing on fundamental rights and social values. HRESIA has two main elements: a self-assessment questionnaire and an ad hoc expert committee.

The increasing use of big data and AI in decision-making highlights the importance of examining their impact on individuals and society. HRESIA aims to provide a universal tool that takes into account the local dimension of safeguarded interests, raises awareness among data controllers and gives data subjects an informed choice about the use of their data. Although HRESIA may represent an additional burden for data controllers, it can also be a competitive advantage for companies dealing with responsible consumers.

Also, some of the paper has highlighted the legal and human rights concerns related to the increasing use of artificial intelligence (AI). Issues such as algorithmic transparency, cyber security, discrimination, lack of accountability, and privacy and data protection have been discussed, and the concept of vulnerability has been used to consolidate understanding and guide risk mitigation efforts.

The comparison of the AI national strategies of Germany and India reveals the importance of privacy as a fundamental right and the recognition of AI as a key policy agenda for both countries. However, Germany places stronger emphasis on ethical standards and privacy laws compared to India's focus on growth, development, and job creation.

The article highlights the need for a consultative and interdisciplinary approach to balance AI development and privacy protection, as the expansion of AI is changing the information privacy landscape. Ethical data stewardship and good governance practices are crucial for building and regulating AI in a way that balances AI's potential benefits with privacy protection.

It is clear that the application of artificial intelligence (AI) to sectors of society like decisionmaking and education has both advantages and disadvantages. The literature has underlined the necessity for a strong legal framework that addresses the potential legal problems brought on by the development of AI. The effects of AI on democracy, the rule of law, and human rights should be considered in this paradigm.

The growing use of big data and AI in decision-making emphasises the significance of taking into account their effects on people and society. A tool to evaluate how data processing affects fundamental rights and social values has been developed called the Human Rights, Ethical, and Social Impact Assessment (HRESIA). It has been presented as a tool to evaluate how data processing affects social values and fundamental rights, as well as to give data subjects the information they need to make an educated decision about how their data will be used.

The relevance of privacy as a fundamental right and the acknowledgement of AI as a major policy goal are made clear by comparing the national AI policies of Germany and India. The emergence of AI is altering the information privacy landscape, so a consultative and multidisciplinary strategy is required to strike a balance between AI development and privacy protection. Building and regulating AI in a way that balances its potential benefits with strong governance and ethical data stewardship practises is essential.

In conclusion, the advancement of AI and its integration into society demand a comprehensive strategy that strikes a balance between the advantages that could accrue from doing so and privacy protection and ethical issues. To effectively participate in the AI innovation wave and solve the legal and human rights problems associated to AI, more discussion and a national plan for AI are required.

  • [2019] 8.2 NULJ 15 Criminal Liability of the Artificial Intelligence Entities CRIMINAL LIABILITY OF THE ARTIFICIAL INTELLIGENCE ENTITIES.
  • [2023] Artificial Intelligence and Privacy - Issues and Challenges - Office of the Victorian Information Commissioner.
  • AI - Privacy Conundrum A Comparative Study of AI National Strategies and Data Privacy Regulations in Germany and India Sreekanth Mukku August 2019
  • [2018] AI and Big Data: A blueprint for a human right, social and ethical impact assessment Alessandro Mantelero Department of Management and Production Engineering, Polytechnic University of Turin, Torino, Italy
  • Governing Artificial Intelligence to benefit the UN Sustainable Development Goals - Truby � 2020
  • (2018) PL (IPR) June 108 Mounting Artificial Intelligence: Where are We on the Timeline? MOUNTING ARTIFICIAL INTELLIGENCE: WHERE ARE WE ON THE TIMELINE?
  • The role of artificial intelligence in achieving the Sustainable Development Goals
  • A panoramic view and SWOT analysis of artificial intelligence for achieving the sustainable development goals by 2030: progress and prospects, Springer Science+Business Media, LLC, part of Springer Nature 2021.

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