The TRAI Recommendations propose a comprehensive framework for the regulation of AI in India.  Its salient features are listed below.

Recommendation on the regulatory framework

The recommendations provide that a comprehensive regulatory framework applicable across all sectors must be created, which is essential to foster responsible AI development in India.  This framework should prioritize risk-based regulation, where high-risk AI use cases directly affecting humans are subject to legally binding obligations.

Three crucial elements make up the regulatory framework that the TRAI has suggested.  The first is the establishment of an independent statutory body called the "Artificial Intelligence and Data Authority of India" (the “AIDAI”) to oversee responsible AI development and regulate its usage in the country.  The second is the creation of a unique “Multi-Stakeholder Body” (the “MSB”) which will support the AIDAI in an advisory capacity to ensure thorough and competent decision-making.  Diverse persons from business, academia, and other organizations will be represented on the MSB.  The final element is the categorization of AI use-cases according to their dangers and governance by responsible AI principles.  This strategy promotes the appropriate development and application of AI for the well-being of society, by striking a balance between innovation and risk mitigation.

The data authority

The TRAI has also referred to its “Regulatory Framework for Promoting Data Economy” recommendations of November 18, 2022, in which it had suggested the creation of the Data Digitization and Monetization Council (the “DDMC”).  The DDMC was going to be in charge of tasks relating to the broad area of data, including data digitization, AI and associated technology, and was going to research on how developing technologies may affect data ethics.  However, in light of the focus being placed on AI, the TRAI Recommendations now provide that the previously proposed DDMC be renamed AIDAI to reflect this.  The TRAI Recommendations also state that as the creation of too many statutory bodies may cause confusion, the duties of the AIDAI be taken up by the TRAI by making suitable amendments to the TRAI Act, 1997, in order to promote synergy and a harmonious functioning.

Multi-Stakeholder Body

The TRAI has recommended that the government should create the MSB to serve as an advisory body to the AIDAI.  The members of the MSB will be appointed from various government agencies, such as the Ministry of Home Affairs, the Ministry of Electronics and Information Technology (the “MeitY”), the Department for Promotion of Industry and Internal Trade, and the Ministry of Telecommunications, Information and Broadcasting.  Additionally, it will include representatives from academic and research institutions, four members from industry, one cybersecurity expert, one AI legal expert, and up to two other suitable individuals.  When necessary, the MSB may issue special invitations to representatives of pertinent Ministries/Departments of the Central/State Governments.

Cross-border impact of AI

Given that AI has a worldwide influence cutting across national boundaries, the TRAI has recommended that the Indian government work with other nations and international organizations to create a global agency.  This agency is envisaged as the leading worldwide entity for AI’s advancement, harmonization, and responsible application.  India is urged to take the lead in establishing international AI standards and governance frameworks.

Privacy, security and ownership of the data in the telecommunication sector

The recommendations cover a range of topics related to data protection in the telecommunication industry.  The TRAI reiterates its earlier suggestions from July 2018 regarding “Privacy, Security, and Ownership of Data in the Telecom Sector”.  The TRAI suggests that one of the AIDAI's responsibilities should be to advise the government on a uniform framework for sharing data held by the government and its entities with businesses, educational institutions, research and development centres, startups, etc., per pertinent privacy laws and policies.

Recommendations pertaining to the effective use of AI

1. The Department of Telecommunication (the “DoT”) and Access Service Providers must work together, to improve data analysis capabilities utilizing AI and Machine Learning (“AI/ML”) to compare the overall number of mobile connections to predetermined restrictions.
2. AI/ML-based tools must be implemented in the DoT Telecom Security Operation Centre to produce security alerts and reduce network security risks.
3. AI/ML and new technologies must be effectively used to resolve telecom consumers’ complaints by sending data from service providers’ networks to the Department of Transportation’s Public Grievance Unit.
4. The growth of AI must be promoted in a range of communication and broadcasting-related industries in cooperation with stakeholders.

Centre of Excellence for Artificial Intelligence

A Centre of Excellence for Artificial Intelligence (“CoE-AI”) should be established in each state and union territory to assist businesses, startups, researchers, and other organizations create and display technological capabilities.  These facilities should provide high bandwidth, powerful computing power, and data sets for training AI models.  Additionally, they must work with the anticipated 5G/6G labs to exchange resources and information.  In order to undertake research and develop cutting-edge applications in industries including agriculture, healthcare, education, smart cities, and smart mobility, CoE-AIs should promote collaborations between big business, startups, and academia.  Further, one CoE-AI should provide a common portal to allow all CoE-AIs to exchange data about facilities that are accessible, access policies, costs, and other pertinent information.

Committee to study and recommend aspects related to AI

The TRAI Recommendations provide that the DoT should work with the the MeitY and the Ministry of Education (the “MoE”) to form a group that includes representatives from these organizations and the Ministry of Skill Development, All India Council for Technical Education (“AICTE”), and the business community.  The committee should periodically research and provide recommendations regarding the following AI-related topics:

1. Analyse India’s need for qualified workers and AI/ML professionals, both at present and in the future.
2. Suggest technical programs to boost the number of such individuals and re-train the current workforce for AI-based prospects.
3. Create a framework for collaboration between the business world and academia to create and upgrade AI-related curricula that match the necessary skill requirements.
4. Create a system for team research projects and establish internship and business training opportunities.

Training and education on the basic concepts of AI

1. The TRAI has suggested that the DoT should collaborate with AICTE to make a course on the ethical use of AI mandatory for students in all technical institutes.
2. Additionally, the DoT should work with the MoE to introduce similar courses or modules on ethical AI in non-technical institutes and schools, starting from primary education levels.
3. The TRAI has also recommended the DoT to quickly develop appropriate courses on the Ethical Use of AI and Basic Concepts of AI for government officers and employees through the National Telecommunications Institute for Policy Research, Innovations & Training (the “NTIPRIT”). These programmes should be available through Mission Karma Yogi.
4. Furthermore, the DoT and the Department of Personnel and Training (the “DoPT”) should work together to make these courses a requirement for all government officers and staff as part of their training program.

Digital Communication Innovation Square Scheme and AI

The Authority recommends that the DoT use the “Digital Communication Innovation Square” scheme to help startups and organizations run AI/ML events, like challenge and bounty programmes, to present their ideas, work with stakeholders, and improve their solutions/products.  Additionally, the DoT has been advised to use the Inter-Ministerial Working Group to coordinate projects related to other sectoral ministries and departments.

Authors: Yashaswee Sarkhel, Anshul Isaac and Mohit Bothra