The Delhi High Court on Wednesday remarked that artificial intelligence (AI) is a dangerous tool, regardless of who controls it, be it a Chinese entitiy or an American one. This observation came during the hearing of a Public Interest Litigation (PIL) against the Chinese AI platform DeepSeek, which has been under scrutiny for potential privacy and security risks.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela directed the Union government’s counsel to clarify its stance on the matter, indicating that the issue requires further examination, as per a report by Bar & Bench. The Court also questioned the statutory mechanisms available for blocking such platforms if necessary.

Union Government still reviewing the issue

The PIL raised concerns about DeepSeek’s data practices, alleging that the platform’s approach to tracking user behaviour goes beyond standard industry practices.

The Court sought clarity from the union government on whether the matter is already under review or if it still requires consideration.  

During the hearing, Justice Gedela noted that AI tools, irrespective of their origin, pose risks, particularly concerning data privacy. Addressing the petitioner’s concerns over privacy infringement, he pointed out that vast amounts of data already exist on the dark web, making it difficult to ensure absolute security. The Court acknowledged the need for careful consideration before taking any action but also urged patience as the government deliberates on its response.

DeepSeek faces growing global scrutiny

India’s concerns over DeepSeek are part of a broader global trend, with multiple countries flagging the AI platform for security risks. An investigation by the Indian Computer Emergency Response Team (CERT-In) found that DeepSeek collects and tracks user data extensively, including monitoring chatbot prompts, app usage patterns, and even whether users switch to competing AI platforms like ChatGPT or Google’s Gemini.

The primary issue, according to officials, is the platform’s lack of transparency on how and where it stores sensitive user data. Given India’s strained relations with China, there is heightened caution over allowing Chinese firms access to personal data, with fears of potential surveillance or cyber espionage.

This concern has already led to restrictions, with the Ministry of Finance prohibiting government officials from using AI tools like DeepSeek and ChatGPT. Several other countries, including Australia, Italy, and South Korea, have also imposed bans on DeepSeek in government offices, citing privacy and security vulnerabilities.

Globally, DeepSeek has been under scrutiny since its launch in January. While it was initially praised for its advanced open-source AI model, various governments have since raised red flags over its data handling policies. Australia banned the platform over privacy and malware concerns, Taiwan categorised it as a security threat, and South Korean authorities, including law enforcement agencies, flagged it as a potential national security risk. Italy has gone as far as blocking DeepSeek from processing Italian user data while launching an investigation into its AI model.

India’s next steps

As AI regulations evolve, India faces the challenge of balancing technological innovation with national security. The government is expected to take a cautious approach, particularly given the sensitivity surrounding data privacy. With global concerns mounting over DeepSeek, India may follow other nations in implementing restrictions or increased oversight of AI platforms linked to China.

For now, the Delhi High Court has opted to wait for the government’s official stance before making any decision. With AI becoming an increasingly powerful tool, the legal and regulatory landscape surrounding its use in India is set to remain a subject of debate.