AI Regulations - Law Without Justice?

AI Laws Without Data Rights - A Legal Disaster: Creating AI laws without first establishing strong data rights is like writing laws without defining what those laws are meant to protect. AI systems run on data—personal, financial, and behavioral. If we don’t have clear rights over how our data is collected and used, any laws regulating AI will be incomplete and ineffective. This is similar to fixing a water spill without addressing the source of the leak—no matter how many times you clean up the mess, it will keep happening until the root cause is fixed. The European Union has recognized this, and with the General Data Protection Regulation (GDPR) as a strong foundation, it has ensured that all digital laws, such as the AI Act, Data Act & Data Governance Act will be more sustainable. No wonder why it is often said: "America Invents, Europe Regulates, and China Imitates."

Rights Before Laws - A Legal Necessity: In any legal system, rights come first. Laws are created to protect those rights. For example, privacy laws exist because we recognize the right to privacy. Without that right being clearly defined, privacy laws would be meaningless. Now, when it comes to AI, the same principle applies. AI systems rely on vast amounts of personal data to function. But if we don’t first establish strong rights over our data—such as the right to control it or know how it’s being used—then AI regulations won’t fully protect us. We’ll have rules for AI, but no real power over the data that drives these systems.

Why AI Laws Without Data Rights Won’t Work

1.???? No Accountability: If people don’t have clear rights over their data, they can’t hold companies accountable when AI systems misuse it. For example, if an AI discriminates against someone based on biased data, there’s no legal path for them to challenge how their data was handled.

2.???? Weak Protections: Without strong data rights, AI regulations might focus only on technical aspects (like transparency) but ignore the root issue—how personal data is collected and used in the first place.

3.???? Enforcement Problems: If there aren’t clear standards for how data should be handled, it becomes hard to enforce any meaningful AI regulations.

The Need for Strong Data Rights: To regulate AI effectively, we must first give people defined rights over their personal information:

• Control Over Data: People should decide how their personal information is collected and used.
• Transparency: Individuals must know what data is being collected about them and how it’s being used by AI systems.
• Right to Correct Mistakes: If an AI system uses incorrect or biased data about someone, they should have the right to correct it.
• Right to be Forgotten: People should be able to request that their personal information be erased when it’s no longer needed.

These rights are essential because they give individuals control over the very thing that powers AI—data.

Data Rights - Foundation of AI (or Any Such) Laws

In short, regulating AI without first establishing strong data rights is like building a house without a foundation—it won’t stand up under pressure. Just as privacy laws need clearly defined privacy rights to work, AI regulations need clearly defined data rights to be effective. For global efforts to regulate AI to succeed, lawmakers must focus on establishing comprehensive data protection laws first. The EU lawmakers have already taken this visionary step with GDPR as its cornerstone; this ensures that digital laws like the AI Act are built on solid ground and will stand the test of time, much like fixing a leak at its source prevents future spills rather than just cleaning up after them endlessly.

Disclaimer: The information provided in this post is for general informational purposes only and is based on publicly available sources. It does not constitute legal advice, nor should it be relied upon as such. The author makes no representations or warranties regarding the accuracy, completeness, or currentness of the information provided. Laws and regulations, particularly those related to technology, are subject to frequent changes, and the content herein may not reflect the most recent legal developments. No liability is accepted for any errors or omissions, or for any actions taken based on the content of this post. For specific legal advice tailored to your individual circumstances, please consult a qualified legal professional. The author is currently a full-time law student at Government Law College, Mumbai, and can be contacted at [email protected] for constructive discussions on Data Economy Laws.