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ISAIL Statement on on LinkedIn's Violation of User Privacy and the Need for Government Action

The Indian Society of Artificial Intelligence and Law (ISAIL) expresses deep concern over the recent violation of user privacy by LinkedIn, wherein the platform used personal information and content produced by its users to train its generative AI (GenAI) models without obtaining explicit consent.




This breach of trust and misuse of user data is unacceptable and requires immediate action from the Government of India to protect the privacy rights of Indian citizens.

ISAIL urges the Government of India to take swift action against LinkedIn under the existing provisions of the Information Technology Act, 2000 (IT Act). The following measures should be considered:


  1. Initiate an investigation into LinkedIn's data practices under Section 43A of the IT Act, which mandates reasonable security practices and procedures for handling sensitive personal data or information. If found in violation, LinkedIn should be liable to pay damages by way of compensation.

  2. Examine whether LinkedIn's use of user data for AI training without explicit consent and adequate disclosure constitutes a breach of its user agreements, attracting penalties under Section 72A of the IT Act.

  3. Direct the Ministry of Electronics and Information Technology (MeitY) and the Indian Computer Emergency Response Team (CERT-In) to assess LinkedIn's compliance with the IT Act and issue necessary guidelines for data protection in the context of AI development.

  4. Encourage the development of a self-regulatory framework by industry stakeholders, including social media platforms and AI developers, to establish best practices for data governance and user privacy protection in AI systems.



ISAIL Leaders


Abhivardhan, Founder & Chairperson

Akash Manwani, Secretary-General

Pratejas Tomar, Chief Strategy Advisor

Mridutpal Bhattacharyya, Chief Policy Advisor

Sanjay Notani, President, Advisory Council of ISAIL

Bogdan Grigorescu, Vice-President, Advisory Council of ISAIL

Kailash Chauhan, Chairperson, Research & Development Committee

Ayush Chandra, Chairperson, Research Ethics Committee

Supratim Bapuli, Co-Chairperson, Research & Development Committee

Kapil Naresh, Trishla Parihar, Bhavana J, Sanad Arora & Vignaesh Bhaskaran, Special Executive Advisors

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Updates from our Newsletter, INDIAN.SUBSTACK.COM

The Indian Society of Artificial Intelligence and Law is a technology law think tank founded by Abhivardhan in 2018. Our mission as a non-profit industry body for the analytics & AI industry in India is to promote responsible development of artificial intelligence and its standardisation in India.

 

Since 2022, the research operations of the Society have been subsumed under VLiGTA® by Indic Pacific Legal Research.

ISAIL has supported two independent journals, namely - the Indic Journal of International Law and the Indian Journal of Artificial Intelligence and Law. It also supports an independent media and podcast initiative - The Bharat Pacific.

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