Government Regulation, Legislation & Enforcement

Japanese Government Identified Issues Related to AI and Copyrights

Sep 25 2023

Aiming to address creators’ concerns and to minimize risks of copyright infringement by artificial intelligence (AI) developers and users, the Agency for Cultural Affairs, Government of Japan convened panels at the Legal System Subcommittee of the Copyright Committee on 26 July 2023 and 5 September 2023 to identify issues to resolve in relation with generative AI and copyrights as roughly noted below:

Jul 10 2023

By Amigo L. Xie, Lingjun Zhang and Dan Wu

About four months after the Cyberspace Administration of China (CAC) released the Measures for the Standard Contract for the Export of Personal Data from China (China SCC Measures), and 15 working days after the China SCC Measures became effective, Beijing CAC published a notice announcing that a Beijing-based company passed the first-ever China SCC filing on 25 June 2023 (Notice).

Based on the Notice, the first China SCC filing relates to a cross-border personal data transfer from a Beijing-based data exporter, an online data service provider, to a Hong Kong-based data recipient. The type of data exported by the Beijing-based data exporter is personal data related to credit references as disclosed by the Notice.

The completion of the first-ever China SCC filing conveyed some positive messages to the market:

Jul 06 2023

Yuki Sako and Aiko Yamada

Following the call for international standards on Artificial Intelligence (AI) at the recent G7 summit, on 2 June 2023, in a rare move, Japan’s Personal Information Protection Commission (PPC) issued two warnings in a publicly released letter (the “Letter”):

firstly to the three categories of users of generative AI services, i.e.,
- business operators who collect personal information and thus are subject to the Act on the Protection of Personal Information of Japan (APPI);
- government agencies, which may adopt generative AI services into their operations; and
- the general public; and
secondly to the “ChatGPT” developers/publishers.

Jun 22 2023

By Cameron Abbott, Daniel Knight, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid

Amid the rapid acceleration of tools like ChatGPT and global calls for tailored regulation of artificial intelligence tools, the Australia Federal Government has released a discussion paper on the safe and responsible use of AI. The Government is consulting on what safeguards are needed to ensure Australia has an appropriate regulatory and governance framework to manage the potential risks, while continuing to encourage uptake of innovative technologies.

May 24 2023

Noirin M. McFadden and Claude-Étienne Armingaud

Today, the UK data protection regulator, the ICO, has published guidance to assist employers in responding to data subject access requests (“DSARs”) from current and former employees. DSARs have become the primary tool for employees attempting to gain leverage against employers during a dispute or grievance process: they can be extremely time-consuming and resource intensive for employers to deal with, and it is a difficult balance to strike between upholding employees’ right of access under the UK GDPR and applying exemptions from disclosure in an appropriate way.

The new guidance covers issues that often occur when employers try to strike this balance, and notably:

May 05 2023

By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid

You’ve reached the end of a long week, riddled with proselytising about the importance of being privacy aware and privacy prepared. You get it! You lay your head to a well-earned rest…and like Kate McCallister wake screaming “Privacy Policy”! In true “back-to-basics” fashion, the privacy policy is getting a reboot!

May 04 2023

By Cameron Abbott, Rob Pulham and Stephanie Mayhew

Given the current privacy reform and cyber threat environment, the question we get asked a lot is – what are the privacy risks that should be assessed in our organisation and how do we prioritise these? Unfortunately this isn’t always a ‘one size fits all’ answer but there are some basic matters you can check as to whether your organisation is considering privacy risks proactively.

May 03 2023

By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid

The APPs require organisations to “take reasonable steps to implement practices, procedures and systems that ensure compliance with the APPs”. Putting your mind to privacy after a data breach or complaint is very much shutting the stable door after Phar Lap has bolted (good luck getting him back!)

Good privacy management starts with a good privacy culture in your organisation. Recommended steps to develop this include:

May 02 2023

By Cameron Abbott, Rob Pulham, and Stephanie Mayhew

With the cyber threat landscape significantly evolving, we are seeing companies – large and small – experience attacks. Recent high-profile attacks have shown that these breaches are alarming, targeting a range of sectors. With millions of Australians more concerned about their privacy than ever before, the federal government is making privacy a priority with the Attorney-General’s Department recently releasing 116 recommendations to amend the Privacy Act. The federal government has also made proposals to consider a new Cyber Security Act and strengthen existing laws around this space.

May 01 2023

By Cameron Abbott, Rob Pulham, and Stephanie Mayhew

The theme of this year’s Privacy Awareness Week (PAW) is “back to basics”. It’s fitting to consider some lessons arising from recent high-profile breaches affecting millions of Australians, and the consistent messages we’ve been hearing from the Australian Information Commissioner in the midst of those incidents.

Data breaches can happen to anyone. We know cyberattacks can be big business, and sophisticated criminal networks make a good living from these. And if your organisation has taken reasonable steps to avoid or mitigate such breaches, the fact you’ve encountered one will not, of itself, be held against you.

Catagory:Government Regulation, Legislation & Enforcement

Japanese Government Identified Issues Related to AI and Copyrights

Beijing CAC Approved the First China SCC Filing

Japanese Privacy Regulator Cautioned Businesses regarding Issues Relating to Generative AI Services

Australian Government contemplates Asimov’s Omnibus

Privacy Awareness Week Part V – Return of the Privacy Policy

Privacy Awareness Week Part IV – Privacy Priorities

Privacy Awareness Week Part III- The importance of being privacy prepared

Privacy Awareness Week Part II- Get in the know and get privacy right

Privacy Awareness Week Part I- The state of play