More AI Development Than Privacy

The Diet passed revised Individual Information Protection Act on July 10th. The revised law enables companies to collect personal information without consent of the person. It expects to promote development of artificial intelligence (AI). While the law was established to protect individuals from unnoticed use of personal information, the government prioritized development of AI to privacy of the people, leaving concern on false use of personal data. 

The Individual Information Protection Act was enacted in 2003, when information technology was rapidly spreading in Japanese society, to defend rights and interest of individuals from excessive use of personal information. A manager of personal information, such as name or address which can identify an individual, will be punished when he or she leaks professionally obtained personal information with malicious intention.

 

The revision this year is considered to improve commercial products or public service of local government with suggestion of AI. If a company produces goods for maintenance of personal health, it needs to input personal health data to AI. The data may include habit of exercise or chronic disease. Learning from that personal data, the AI makes a model for producing goods for health maintenance. If it is done beyond the border of companies, it is possible for them to develop further advanced devices.

 

The revised law enables such developers to obtain personal data without permission of that individual. Obtained data may include “considerable personal information” which has sensitive personal information such as history of disease or crime, religious preference, ethnicity or handicap. A concern that the personal data would be handed to the third party cannot be eliminated, as far as the data can be used without any notice. There was a discussion that the data should be used anonymously, but the government dismissed it to keep technological development easy.

 

Instead, the revised law introduced surcharge on false use of personal information. But the condition of applying that penalty was weakened with request from business sectors that were competing with foreign companies in development of AI. The government is going to make a guideline for the users of personal information. It ultimately hopes to have an AI made in Japan.

 

In her policy speech to the Diet last October, Prime Minister Sanae Takaichi aimed at making Japan “the world’s best country to develop and use AI.” Deregulation for AI is one of the measures for Takaichi to implement her promise to make Japan strong and prosperous. But it is undeniable fact that Japan is still not the top runner in the world in developing AI technology.

 

In the discussion of the Diet, opposition parties expressed their concern that the government was only considering benefit of AI operators who want to collect big data. The government promotes building data centers in Japan, even more relying on nuclear power generation to secure electric power for data center. The government will need to prove that it can protect personal data even in an age of highly developed AI.

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