Responsible AI and Data Protection in India in the Healthcare Sector: National Perspectives

Abstract of the Presentation: India is at the crossroads of rolling out responsible artificial intelligence in different sectors across the country.  The use of artificial intelligence and robotics in healthcare is very significant due to the emergence of new avenues for the treatment of lifestyle and non-communicable diseases. Although patients will have personal data privacy protected through the newly enacted Digital Personal Data Protection Act, 2023 (DPDPA 2023) there are concerns from the patients advocacy groups that the majority of the healthcare service providers have not yet established the data governance mechanisms as prescribed by DPDPA 2023. This paper will identify the institutional mechanism required for patients’ data governance within a healthcare service provider in India as prescribed by DPDPA 2023, as compared to the European General Data Protection Regulation (GDPR 2016). This paper will also identify the healthcare service providers that already have patients’ data governance units and their functioning. Lastly, this paper will analyse provisions given in the Indian National Strategy for Artificial Intelligence 2016, which are specifically fitted for the healthcare service sector in India.