NewsletterNo.001 | June 8th 2023

The first administrative
guidance to generative AIplatform and Alerts
regarding the use ofgenerative AI services
issued by PPC
Atsumi & Sakai
Policy Research InstituteThe Japanese Personal Information Protection Commission (“PPC”) has issued
administrative guidance regarding the protection of personal information by
generative AI platforms. On June 1, 2023, the guidance was issued to OpenAI, L.L.C.
and openAI OpCo, LLC pursuant to Article 147 of the Personal Information Protection
Act (Law No. 57 of 2003). The warning addresses two primary concerns.
First, the PPC requires that Open AI take necessary steps to ensure that it does notcollect sensitive personal information for machine learning purposes without theconsent of the affected individual. If such information is collected, Open AI mustdelete it as soon as possible, and at least before processing it into datasets for training
purposes. Additionally, the guidance requires that the purpose of using personal
information must be within purpose notified to the affected individual or made public.
The guidance is based on the concerns that the PPC has identified at this time, and thePPC reserves the possibility of taking additional measures in the future. In addition
to specific case guidance, general precautions on generative AI, “Alerts regarding theuse of generative AI services” also was issued.
The Alerts discuss the use of AI services that utilize generative AI, which is AI capableof generating content and images in response to prompts and instructions. The Alerts
refer to the “G7 Hiroshima Leaders’ Communiqué,” which emphasizes the need forinternational discussions on inclusive AI governance and interoperability to achieve
a common vision of reliable AI aligned with democratic values, and highlights theimportance of proper handling of personal information and privacy protection, given
the increasing prominence of generative AI.
The Japanese government recognizes the widespread use of generative AI services
and aims to strike a balance between ensuring the protection of individual rights andpromoting public interests through innovation, productivity improvement, enhanced
education, and addressing global issues like climate change.
To address these concerns, the Alerts have been provided to personal information
handling businesses operators, government agencies, and general users. Personal1

information handling businesses operators are advised to ensure that the input ofprompts containing personal information into generative AI services is limited to thenecessary scope for achieving the purpose notified to the affected individual or madepublic. They are also cautioned against using personal data for purposes other thangenerating responses such as using information to train generative AI withoutobtaining prior consent.
Government agencies are advised to confirm that the use of personal information ingenerative AI services is limited to not only the specified purpose but also thenecessary minimum for the purpose. They are also cautioned against using personal
data for purposes other than generating responses without obtaining prior consent.
For general users, it is important to be aware that personal information inputted into
generative AI services may be used in machine learning processes and that there is arisk of generating inaccurate or misleading content tied to other information. Users
are also advised that they should consider risks of including inaccurate personal
information and review the terms of use and privacy policies of generative AI service
providers when users input and use such services.
Overall, the Alerts emphasize the need for responsible and ethical practices inutilizing generative AI services, considering the potential risks and benefits
associated with personal information handling and privacy protection.
This newsletter updates the latest developments regarding privacy laws. In Japan, asin other countries, there are a variety of legal issues related to the use of generative
AI, such as copyright treatment and liability for AI use, etc. It is necessary to consider
these other legal issues as well.
-----------------------------------------------------------------------------------------------------------------THIS NEWSLETTER IS PROVIDED FOR INFORMATION PURPOSES ONLY; IT DOES NOTCONSTITUTE AND SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.
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Authors/Contacts

Takafumi Ochiai
Atsumi & Sakai
Head of Policy Research InstituteE: takafumi.ochiai@aplaw.jp

Tatsuhiro Hirayama
Atsumi & Sakai
Policy Research InstituteSenior chief researcher
E: tatsuhiro.hirayama@aplaw.jp

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