NHRC issues notice over alleged risks to kids’ data privacy in US AI company-NGO Pratham collaboration

New Delhi: The National Human Rights Commission (NHRC) 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