NHRC issues notice over alleged risks to kids' data privacy in US AI company-NGO Pratham collaboration
New Delhi, Feb 27
The National Human Rights Commission has issued notices to the Union Ministry of Electronics and Information Technology, the Department of School Education and Literacy, the Department of Higher Education, and all states and union territories over concerns relating to the protection of children's personal data in an Artificial Intelligence-based education initiative.
A Bench presided by NHRC Member Priyank Kanoongo took cognisance of a complaint filed by NAMO Foundation, a Section 8 non-profit company, raising concerns about potential risks to children's privacy arising from a collaboration between a US-based Artificial Intelligence company, Anthropic and NGO Pratham.
According to the complaint, the collaboration involves the use of an AI-based system -- the "Anytime Testing Machine (ATM)" -- designed to process children's handwritten responses and academic data.
The complainant alleged that the initiative may expose minors to risks relating to collection, processing, storage, and possible cross-border transfer of personal data, and apprehended risks under the Digital Personal Data Protection (DPDP) Act, 2023.
The complaint referred to a report titled "Children's Privacy at Stake? Assessing Data Breach Risks in the Pratham-Anthropic AI Collaboration under India's DPDP Act", alleging that inadequate safeguards could compromise children's safety and data security.
Seeking intervention, the complainant requested examination of data protection risks and formulation of appropriate safeguards in the interest of children.
Observing that the allegations, if true, prima facie indicate violations of human rights relating to privacy and protection of minors, the NHRC issued notice under Section 12 of the Protection of Human Rights Act, 1993.
The apex human rights body directed all Chief Secretaries and UT Administrators to inquire into the allegations and ensure that data collected by Pratham, Central Square Foundation, or any NGO working with or for governments is not misused and does not violate provisions of the DPDP Act, 2023 or any other Indian law.
The state governments have also been asked to review Memoranda of Understanding (MoUs) or alliances entered into with such organisations.
Separate notices have been issued to the Secretary, Union Ministry of Electronics and Information Technology, the Secretary, Department of Higher Education, and the Secretary, Department of School Education and Literacy, seeking reports on safeguards governing the use of AI systems in the education sector.
The Commission has sought Action Taken Reports (ATRs) from all concerned authorities within two weeks for its perusal.
— IANS
Reader Comments
Good step. But why is an NGO like Pratham, which does great work in education, partnering with a US AI firm for testing? Shouldn't we be developing our own "Bharat AI" solutions for such sensitive applications? We need to be Atmanirbhar in ed-tech too.
As a parent, this is terrifying. The article mentions "cross-border transfer" of data. Where is my child's handwritten answer sheet going? To servers in the US? The DPDP Act is new, and its enforcement needs to be strict from day one. Kudos to NAMO Foundation for filing the complaint.
While data privacy is crucial, let's not throw the baby out with the bathwater. AI can personalize learning and help millions of kids. The NHRC notice should lead to better safeguards, not a complete shutdown of innovation. The two-week deadline for ATRs seems very tight though.
Every state government needs to audit their MoUs with NGOs and tech partners immediately. This isn't just about Pratham. How many other such collaborations are happening without parents' knowledge? Our children are not data points for foreign algorithms.
A respectful criticism: The NHRC action is reactive. Where was the proactive oversight when this collaboration was being signed? Our ministries need a stronger tech and legal audit process before green-lighting such projects, especially involving children. Prevention is better than cure.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.