Japanese Big Data Protection as a Part of a Different AI Strategy

In 2018, the Japanese government introduced protection of certain types of “big data” by revising the Unfair Competition Prevention Act. The necessity and the possible consequences of this globally novel type of protection was rather vigorously debated at that time, including at a conference at Waseda University at which Professor Hilty actively participated. This chapter aims to provide a recap of the background and the contours of the Japanese big data protection. Five years after the implementation, the impact of the Japanese protection of big data seems to remain limited, very much in line with the prognosis that Professor Hilty gave back at the time the legislative package was introduced. At the same time, the Japanese system of big data protection remains somewhat a unique policy instrument, especially when compared with the direction that European policy makers seem to be taking when it comes to the “promotion” of innovation in the area of data-driven artificial intelligence.