JAPAN Trends and Developments Contributed by: Norihiro Sekiguchi, Daisuke Mure, Yuki Kuroda and Ryosuke Sogo, Oh-Ebashi LPC & Partners
ery through qualified consumer organisations, the PPC is discussing amendments based on past APPI violation cases and trends in inter - national personal data protection law. Discus - sion points were initially presented in the Interim Report and subsequently prioritised in the Next Steps. Among such discussion points, the relaxation of consent requirements is a particularly interesting development. Currently, the APPI requires busi - nesses to obtain the consent of a data subject in advance when processing personal data beyond the scope necessary for achieving the purposes specified or when providing personal data to third parties (Article 18, paragraph 1 and Article 27,
paragraph 1). However, there are concerns that it might be excessive to require consent even in cases where there is no direct impact on data subjects’ rights and interests. For example, AI- trained models may be developed using training datasets containing personal data. Trained mod - els typically do not contain information linked to specific individuals, so their development itself might not directly impact data subjects’ rights and interests. Based on this analysis, the PPC is examining whether it would unreasonably hin - der innovation to require data subject consent in advance whenever using personal data for AI development without specification of such pur - pose, or when using personal data received from third parties.
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