Deepseek AI Under Scrutiny: Delhi High Court Acts
On February 12, 2025, the Delhi High Court (DHC) heard a Public Interest Litigation (PIL) petition challenging DeepSeek’s operations in India on the grounds of user data security, privacy, and national security because DeepSeek is non-compliant with Indian data protection laws such as the Digital Personal Data Protection Act, 2023.
Table of Contents
Background
The petitioner plead that the government should block access to DeepSeek across all its platforms in India under Section 69A of the Information Technology Act. They illustrated the severity of the issue through international examples of bans and ongoing investigations against DeepSeek in countries like Italy and Australia. They also cited Ministry of Finance’s internal directive instructing government departments to refrain from using such AI tools due to confidentiality concerns.
Court Observation
The court also remarked that “AI is a dangerous tool in anybody’s hand, whether it is Chinese or American, it does not make any difference…” It further acknowledged the pervasive challenges to privacy in the digital age, citing the “dark web” and the fact that a significant portion of online activity remains obscure. This makes data security a complex issue, where no data can be considered entirely safe.
The court directed the Union of India to seek instructions on the matter, indicating its intent to consider the government’s stance on regulating AI platforms like DeepSeek. Upon a request from the Union of India for additional time to consult with relevant authorities, the court scheduled the next hearing for February 20, 2025.
Final Words
While such AI tools offer efficiency in operations, their unregulated nature is a challenge. This PIL underscores the urgent need for clear legal frameworks to govern AI use, particularly in the domains of data privacy, security, and potential misuse. The DHC’s recognition of the risks posed by AI, regardless of its origin, signals a growing awareness of the challenges associated with this technology.
As the case progresses, the upcoming hearing on February 20, 2025, will be pivotal. The court’s ruling could have significant implications, not just for DeepSeek but for the broader landscape of AI regulation in India. It is expected to set a precedent for how India navigates the delicate balance between technological progress, data protection, and national security in the age of artificial intelligence.
King Stubb & Kasiva,
Advocates & Attorneys
New Delhi | Mumbai | Bangalore | Chennai | Hyderabad | Mangalore | Pune | Kochi
Tel: +91 11 41032969 | Email: info@ksandk.com
By entering the email address you agree to our Privacy Policy.