Japan has approved a reform of its personal information protection law to facilitate the deployment of artificial intelligence systems. The amendment introduces a fundamental change in data processing and places the country in a model of presumed consent, in which organizations will be able to collect personal data without requesting express authorization.
The new regulation starts from the premise that the permit is understood to be granted by default. That approach brings Japan closer to the scheme applied in the United States and moves it away from the European model, where refusal is presumed as long as there is no clear consent from the affected party.
Presumed consent and without general exit from the system
The reform does not contemplate a general way for citizens to be outside the data collection system. Furthermore, when authorities understand that an application is justified, there will be no option to opt out.
The Minister of Digital Transformation, Hisashi Matsumoto, has defended that design by considering that a general exclusion alternative would mean a hindrance for the implementation of these technologies.
"It would be an obstacle for the adoption of artificial intelligence systems" - Hisashi Matsumoto, Minister of Digital Transformation
Theoretical limits and use of sensitive data
The amendment sets formal limits on what information can be used. Data that do not affect individual rights are considered admissible, as are those used as statistics for research purposes.
If those conditions are met, health data and biometric systems such as facial scanning may be used. The norm thus opens the door to the use of especially sensitive categories within the development of artificial intelligence tools.
Minors and sanctions to companies
In the case of minors under 16, the law does introduce a specific safeguard. The approval of the parents will be necessary and it must also be proven that the action responds to the best interest of the minor.
The reform also provides for sanctions for companies that act maliciously. In such cases, the fines may be equivalent to the profits obtained through that behavior.
Leaks and country strategy
Another of the changes affects security breaches. If a data leak occurs and the harm is considered minor, organizations will not be obliged to communicate it to the affected individuals.
The legal modification is framed within the Japanese Government's strategy to become the country with the greatest facilities for the application of artificial intelligence. That movement also responds to a diagnosis shared by the Executive and by companies in the country, which have been pointing out a lack of innovation in current Japan.