Delhi High Court Examines AI Privacy Concerns Amid DeepSeek Controversy

The Delhi High Court has taken a firm stance on DeepSeek, a Chinese artificial intelligence platform, citing potential data privacy violations in India. In response to a public interest litigation (PIL), the court has sought the Union Government’s opinion, reflecting growing concerns about AI’s impact on privacy, national security, and regulation.

AI’s Global Risks: A Double-Edged Sword

Presided over by Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, the Delhi High Court emphasized the broad risks posed by AI technologies, regardless of their origin. The court’s scrutiny follows a PIL against DeepSeek, developed by two Chinese firms.

The petitioner, Bhavna Sharma, raised concerns that DeepSeek operates in India without complying with local data protection laws. According to the PIL, the platform’s privacy policies lack essential security measures and fail to ensure proper user consent.

Key Concerns Raised in the PIL:

  • Lack of compliance with India’s data protection laws.
  • Inadequate security protocols, risking user data exposure.
  • Absence of clear user consent mechanisms, violating privacy rights.

Legal and Regulatory Challenges

During the proceedings, the court questioned the available legal mechanisms for blocking such platforms. The petitioner’s counsel cited Section 69A of the Information Technology Act, which allows the government to restrict access to websites that pose security risks.

However, despite these provisions, DeepSeek remains accessible in India, raising doubts about the effectiveness of current regulations. Justice Tushar Rao Gedela pointed out that other nations, including Italy and Australia, have already imposed restrictions on DeepSeek. Meanwhile, similar investigations are underway in Ireland, Belgium, and South Korea.

Geopolitical Tensions and National Security Risks

Beyond privacy, the PIL highlights potential geopolitical concerns linked to DeepSeek’s operations. One incident, in particular, has intensified scrutiny—DeepSeek reportedly failed to recognize Arunachal Pradesh as part of India, raising fears of Chinese government influence over AI-generated content.

Implications for India:

  • Risk of AI-driven misinformation affecting national sovereignty.
  • Potential foreign bias in AI platforms, shaping public perception.
  • Security concerns over data access, especially with foreign AI systems.

In response, the petitioner has urged the Delhi High Court to direct the Union Government to immediately halt DeepSeek’s operations in India and establish strict guidelines for blocking AI tools that threaten national security.

The Road Ahead: Balancing AI Innovation and Security

The Delhi High Court’s involvement marks a critical moment in the debate over AI regulation, privacy, and national security. As AI continues to advance, governments worldwide face the challenge of balancing technological progress with security and ethical concerns.

With the next hearing scheduled for February 20, the case could set a legal precedent for AI governance in India. As nations reassess their policies on foreign AI platforms, the key question remains:

How can AI be harnessed responsibly while protecting national interests and individual privacy?

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