New Delhi, February 27: The National Human Rights Commission (NHRC) has expressed serious concerns regarding the protection of children’s personal data in AI-based educational initiatives. The commission has issued notices to the Ministry of Electronics and Information Technology, the Department of School Education and Literacy, the Department of Higher Education, and all states and Union Territories, requesting an action-taken report (ATR) within two weeks.
A bench led by NHRC member Priyank Kanungo took cognizance of a complaint filed by the non-profit organization, Namo Foundation, registered under Section 8. The complaint raised alarms about potential threats to children’s privacy due to a partnership between a US-based AI company and NGOs operating in the education sector.
According to the complaint, an AI-based system called ‘Anytime Testing Machine (ATM)’ is being utilized under this partnership. This system is designed to process children’s handwritten answer sheets and academic data.
Allegations suggest that this process may involve the collection, storage, analysis, and potential cross-border transfer of minors’ personal data, thereby compromising their privacy.
The complainant highlighted the risks of data breaches under the provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act, 2023). Citing a report on the risks of data breaches in first-anthropic AI collaborations, it was stated that without adequate security measures, sensitive information about children could be misused.
The commission noted that if the allegations are substantiated, it could constitute a violation of the human rights related to the privacy and safety of minors.
Under Section 12 of the Digital Personal Data Protection Act, 2023, the notice instructs all Chief Secretaries and administrators of Union Territories to ensure investigations are conducted and to prevent any misuse of data collected by government or non-government organizations.
State governments have also been asked to review Memorandums of Understanding (MOUs) and agreements made with such organizations. The commission emphasized the necessity for a robust data security framework and transparency in the use of AI in the education sector.
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