Artificial Intelligence, Profiling and Automated Decision Making
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Artificial Intelligence, Profiling and Automated Decision Making Start Comparison
Are there any restrictions or requirements related to creating profiles of data subjects or utilizing automated decision-making for decisions related to data subjects, including with respect to artificial intelligence?

Last review date: 17 January 2025

No.

If such restrictions or requirements exist, are they subject to any exceptions?

Last review date: 17 January 2025

N/A

Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last review date: 17 January 2025

Yes

If yes, please provide brief details and a link.

The PPC issued two alerts regarding AI on 2 June 2023: one is an alert on the use of generative AI services, and the other is an alert on OpenAI.

The alert on the use of generative AI services states that businesses should be aware of the following points when using Generative AI services:

  • When inputting prompts containing personal information into the generative AI service, businesses are required to confirm carefully that the input is within the scope of the specified purpose of use of personal information.
  • When prompts containing personal data are entered into a generative AI service without obtaining the prior consent of the data subject, and such personal data is handled for purposes other than outputting response results to such prompts, the business may be in violation of the provisions of the APPI.

    The alert on OpenAI states that:

  • OpenAI should not collect sensitive personal information of ChatGPT users or any other individuals without obtaining the prior consent of the individual.
  • OpenAI should notify or publicly announce the purpose of the use of personal information of both users and persons other than users, in Japanese.

https://www.ppc.go.jp/files/pdf/230602_kouhou_houdou.pdf (in Japanese only)

Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 17 January 2025

         No enforcement activity to date

Do other (non-personal data or cybersecurity) laws or regulations impose restrictions on use of artificial intelligence, automated decision-making or profiling?

Last review date: 17 January 2025

☒         Non-binding guidance or principles issued or in progress

If yes, please provide brief details and a link.

On 14 April 2024, the Ministry of Internal Affairs and Communications (MIC) and the Ministry of Economy, Trade and Industry (METI) published the AI Guidelines for Business Ver 1.0.

The Guidelines present unified principles for AI governance in Japan, promoting the safe and secure use of AI. They are designed to help AI users in various businesses recognize AI risks based on international trends and stakeholder concerns and to voluntarily implement necessary countermeasures throughout the AI lifecycle. The Guidelines aim to foster a framework that balances innovation promotion with risk reduction, encouraging mutual cooperation among stakeholders in applying these principles and addressing key issues for each AI business actor.