In light of the recent rollout of Meta AI across Meta platforms in India, SFLC.in has written a letter to the Ministry of Electronics and Information Technology urging the Ministry to stop the rollout immediately.
SFLC.in highlighted the issue of Meta training its AI assistance using the publicly available data posted by users and non-users on its platforms. Such enormous powers given to social media platforms have been criticized as they may create privacy issues such as profiling and surveillance.
The letter also apprises the ministry of the obligation of online platforms to provide users with an opt-out option under EU law, which is lacking under the existing Indian law. As DPDPA 2023 is yet to be implemented, it has been requested that AI systems not process user data en masse in the absence of regulation.
SFLC.in has requested the Ministry to meet and engage in dialogue over such critical issues as privacy concerns.
To read the letter here:
9th July 2024
To,
Shri Ashwini Vaishnaw,
Hon’ble Minister for Electronics and Information Technology,
Government of India
Subject: Privacy concerns regarding the use of Meta AI on Meta platforms
Respected Sir,
This is with respect to the recent rollout of Meta AI in India by Meta, Inc. on its platforms, WhatsApp, Facebook, Instagram, and Messenger. The AI assistant seeks to help users generate text, ask questions and create a variety of tasks. As stated by Meta, the AI assistant is built on Meta Llama 3 and will be trained on publicly available data posted by users and non-users on its platforms. India constitutes an integral market for social media companies with Indians comprising the most active user base for several platforms (Facebook, WhatsApp). With the rise of emerging technologies, the need for fostering responsible innovation alongside user safety has become a high priority.
Meta’s rollout of Meta AI has been challenged in 11 European countries on grounds of non- compliance with the EU’s General Data Protection Regulation (GDPR). Complaints filed before Data Protection Authorities questioned Meta’s reliance on the legitimate interest ground for undertaking data processing. In fact, the Irish Data Protection Commission (IDPC) has stalled the rollout owing to the alleged privacy concerns and regulatory barriers. Similarly, Brazil’s National Data Protection Authority (ANPD) has also suspended Meta’s new privacy policy allowing personal data to be used for training generative AI systems in the country.
Under EU law, online platforms have an obligation to provide users with an option to opt-out of such data processing activities. No similar obligation exists under Indian law. While the Digital Personal Data Protection Act, 2023 awaits implementation, automated data processing through AI systems must be closely scrutinised. AI systems must not process user data en masse in the absence of regulation.
It is important to ensure that the possibility of harm arising to Indian users is minimised with the automated processing of personal and non-personal data by Meta AI. Presently, the process to opt-out is long-winded and obfuscating. Users must have the autonomy to restrict the processing of their data by automated systems through simple and clear processes. Transparency and accountability are cornerstones of any ethical AI framework, as also highlighted by the central government think tank NITI Aayog. Furthermore, social media platforms must be wary of the enormous powers of inference that AI carries, creating privacy issues such as profiling and surveillance.
We urge the Ministry of Electronics and Information Technology to forthwith stop the Meta AI rollout in India, keeping in mind the enormous risks to privacy and data security for Indian citizens. It is imperative that the Supreme Court’s landmark decision in KS Puttaswamy vs Union of India (2017) 10 SCC 1 is upheld by all stakeholders in protecting the right to privacy of every citizen in the country.
We would be obliged to meet and engage in dialogue over such critical issues at a time and venue convenient to the Ministry.
About SFLC.in
SFLC.in is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens of their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. We promote innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology.
Regards,
Prasanth Sugathan
Legal Director,
SFLC.in
Copy to:
1. Additional Secretary, Ministry of Electronics and Information Technology
2. Shri Jitin Prasada, Minister of State, Ministry of Electronics and Information Technology
