I) What Is Big Data?Big data is data but deals with a huge and large size of data. There different opinions and views as exactly what is big data. But in simple terms big data is huge collection of data or complex that none of the traditional data management tools are able to store it or process it efficiently. As the name suggest it has to do with large or huge or massive data but with use of technology to preserve, store, extract & analyse the data.

Big data is technology that analyse, systematically extract information fromor otherwise deal with data sets that are too large or complex to be dealt with by traditional data-processing software applications.

II)Is Big Data Part of AI?Big data is distant from artificial intelligence. Some people get confused with big data as sub sect of artificial intelligence but its not. Big data &artificial intelligence are complementary to each other.Artificial intelligence becomes better with more data and on the other hand big data is useless without software to analyse it. There is no artificial Intelligence without big data and no big data without artificial intelligence.

Big data is everywhere businesses generates massive amount of data but preserving and storage of the data is difficult and challenging once data is generated in massive or huge or large or complex or unstructured without missing of it. Traditional computing techniques are unable to handle such large data or datasets.  So, in order to preserve, store, process, extract and analyse the large or massive data big data is used. Big data is used is also for complex analytical tasks faster and it’s performs these tasks faster than human imagination with the help of artificial intelligence and machine learning.

With digitalization businesses use computers to store millions of records and individuals use social digital platforms hence lot of data but with increasing amount of data it comes impossible to get the required data even preserving and storage is beyond possibility using the traditional software/s power to preserve, store, process, extract and analyse this data is provided by the big data.

III) What is Role Big Data & AI in Businesses?Big data helps the industries and businesses in analyzing their existing data and extracting meaningful insights from the it.These twin technologies have enormous potential to reap by any business. Like technological advancement, technological know-how, improvement of health care, better education system, smarter consumer experience, increased sales and better social interaction and more amusement options and so on. These are just few illustrative benefits of big data.

Let’s explore how the big data helps in smarter consumer experience to understand the role of big data& AI in business.For instance, Indian fashion designing business who exports designer clothes to the European Countries but do not have any concrete ideas about the customer interests and trends. In that scenario the business can with help of big data just by collecting data from the market and analyzing it through various algorithms, it can identify the customer behaviour, market trends and interests. As per consumer interests in EU region, it can design the cloths. Big data with help of AI via algorithms can help to find insight and accurate information to the business. Big data and AI in integrated manner help in providing better and smarter customer experience.

IV) Which are Key Legal Challenges of Big Data?Big data is loaded with lot of advantages and benefits to the businesses as well as consumers and society as well but it too has fair share of challenges and issues under the legal regime.Legal issues surrounding big data are as to how data is collected as well as how it is used.

Security and privacy are key twin legal challenges in big data due to its large /huge volume, high velocity, large varieties, data acquisitions, data migration and so on. Being the evolving tech big data technology lacks enough security and privacy measures & functionality due to lack of expertise and education on this front.  Plus,chances of data breached more may be accidental and deliberate considering large volume.

Big data security framework must address interoperability and scalability issues.Data collection involves a range of privacy issues.

IV) How is Big Data regulated in India?

Collection, use and sharing of private information must be consistent with privacy policy and applicable laws and regulations. Legal framework is needed to control large ownership and control of data.  Currently, there are no specific laws in India that relate big data. The Information Technology Act, 2000 & its Rules is the primary legislation in India which deals with cybercrime and electronic commerce coupled with information security and privacy aspects.

The Information Technology Act 2000, amended in 2008 that is Section 43A prescribes damages, if a body corporate is negligent in implementing/maintaining reasonable security measures when dealing with any sensitive personal data on a computer controlled by it, resulting in wrongful loss/wrongful gain to any person. Further, Section 72A provides for punishment/fine for wrongful disclosure of data.

Personal sensitive information like phone numbers, financial details, passwords, credit/ debit card details, medical records; bio metric information user details as provided at the time of registration regulated under “Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Under the Rule 5(3) it requires that while collecting information directly from the person concerned, the body corporate or any person on its behalf shall ensure that the person concerned is having the knowledge of:

• the fact that the information is being collected;
• the purpose for which the information is being collected;
• the intended recipients of the information; and
• the name and address of — (i) the agency that is collecting the information; and (ii) the agency that will retain the information.

So, it can be said that prior consent for use is needed in India and collected data to be for lawful purposes. Transfer to other corporates is permitted if lawfully required and the recipient ensures equal level of data protection. Prior permission is required to be sought before disclosure of information to third parties.  Businesses are required to publish on their website a privacy policy and appoint a grievance officer to address any grievances to with regard privacy concerns among others. Plus opt out option is provided under this law.

In addition, Govt of India proposed law under the Personal Data Protection Bill 2019 to address the concerns of privacy in India and hence it is awaited to see how this proposed legislation may the address the concerns of privacy with regard to big data in India.

The need of hour in India to regulate big data considering its serious threat to privacy. Specific data protection provisions for the big data by comprehensive data protection framework is imperative especially considering evolvingnature of the technology.

V) Inference& Suggestions

Big data is neithernovelnor alien in this data driven era but still most of the originations face the day-to-day challenge of storing, processing and analyzing vast data sets and solution to this big data. Big data is commercial imperative to businesses and also collection is regarded as the future of responsible AI development.Technology like big data based on the tech predictions is going growing by leaps and bounds  in the near future  to catch that pace regulations are indeed awaited.

To address big data legal challenge like security and privacy proper regulations are must.In the absence of the law especially where technologies are faster than law the it is better for the businesses entities to adopt self-regulating measures by promptly following ethical regulations to overcome big data key challenges. Like fairness in all transactions irrespective law regulates or not, ethics by design, embedding security measures by design and privacy by design along with conducting business in compliance with the all applicable laws.

Presently India does not have complete regulatory framework to deal with big data issues so it is better to have one.