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ISSN 2063-5346
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NEED FOR LAWS IN INDIA TO REGULATE THE CURIOUS PREMISE OF AUTOMATION/ ALGORITHMIC BIAS IN ALGORITHMIC DECISION-MAKING SYSTEMS - AN ANALYTICAL STUDY WITH REFERENCE TO EU AND US AND INDIA

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Ms. Nibedita Basu, Dr. Rhishikesh Dave
» doi: 10.31838/ecb/2023.12.6.184

Abstract

Artificial Intelligence has percolated in the deepest crevices of our lives. It is ubiquitously used by everyone. The working of artificial intelligence is dependent on algorithms. These algorithms decide on the output of that the system will produce. The data that is fed into the system is one of the most important factors to understand the reason for the outcome that the system produces. There can be certain inherent biases in the input data, that might affect the final outcome. Algorithmic data and bias are problem that we need to tackle, this bias is called automation bias, which needs to be mitigated or otherwise it can lead to plethora of problems. In United States of America and European Union, there has been some legislative effort to tackle this problem namely The Algorithmic Accountability Act 2019 and the proposed The Artificial Intelligence Act, EU which deals with private accountability of the companies in case of indiscretion exhibited by the algorithmic decisional systems. In India, data protection is the realm of fundamental rights and protected under the Right to privacy, however the automation/algorithmic bias has further repercussions which has been discussed at length in this article. The article has its premise mainly on three aspects 1) The idea of bias that exists in the algorithms 2) the comparison of the existing legislation to tackle bias and the effectiveness 3) the need for a legislation like the two nations to tackle automation bias, considering that India is a huge market with an enormous potential for data manipulation. The scholar understands that each country needs a unique feature in the legislation according to the diversity and the representative capacities.

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