Legal Expert Explains AI’s Privacy & Data Protection Risks – Interview with Lawyer Miwa Miwa (Asahi Shimbun EduA)

As generative AI tools become a staple in households worldwide, parents and children alike are turning to these technologies for education, creativity, and even daily tasks. But beneath the convenience lies a critical question: What legal and ethical risks does using AI tools as a family actually entail? With Japan’s official stance on AI and copyright still evolving—and global regulations like the EU’s AI Act setting new precedents—families risk unintended legal exposure if they don’t understand the basics.

Dr. Olivia Bennett, Chief Editor of World Today Journal’s Business section, spoke with Kōichi Miwa, a lawyer specializing in intellectual property and digital rights, to break down the foundational legal principles every parent should know before letting their children use generative AI. Miwa, who previously served as a senior copyright investigator for Japan’s Agency for Cultural Affairs, has been at the forefront of interpreting how Japan’s existing laws apply to AI—particularly in the wake of the 2024 “AI and Copyright Guidelines”, a landmark document that clarifies the legal gray areas for developers, providers, and end-users.

The conversation comes as AI adoption among families accelerates. A 2025 survey by the Japan Digital Agency found that 42% of households with children under 18 now use AI tools for homework assistance, creative projects, or language learning—up from just 8% in 2023. Yet, as Miwa warns, most families remain unaware of the copyright and liability risks tied to AI-generated content, from school projects to personal videos. “The moment you input copyrighted material—even unintentionally—you may be violating Japan’s Copyright Act,” he explains. “And if that content is used commercially, the penalties can be severe.”

Why Copyright Matters for Families Using AI

At its core, the issue revolves around how generative AI models are trained. Most consumer-facing AI tools—like those used by children for school assignments—are trained on vast datasets that include copyrighted books, music, and articles. When a child prompts an AI to “write a story like [Author X],” the tool may generate output that inadvertently replicates protected works, raising questions about fair use and transformative use under Japanese law.

Miwa emphasizes that Japan’s 2024 guidelines do not exempt families from liability. “The ‘considerations’ document clarifies that while AI developers bear primary responsibility for training data, users who distribute or monetize AI-generated content may still face claims,” he says. For example, if a child’s AI-generated artwork is sold online—or even shared on social media—the creator (the child) could be held accountable under Article 21 of Japan’s Copyright Act, which prohibits unauthorized reproduction.

Key Risk Areas for Families:

• Unintentional plagiarism: AI tools may replicate copyrighted phrases, plots, or styles without attribution.
• Commercial use without permission: Uploading AI-generated content to platforms like YouTube or selling it as merchandise could trigger copyright strikes.
• Data privacy leaks: Some AI tools collect user inputs (e.g., personal stories, family photos) and may process them in ways that violate Japan’s Personal Information Protection Act.

The EU’s AI Act vs. Japan’s Approach: What Families Should Know

While Japan’s framework remains voluntary for now, the EU’s AI Act, which took effect in August 2024, introduces stricter rules for “high-risk” AI systems—including those used by minors. The act requires transparency about training data and prohibits AI tools from generating “deepfakes” or manipulative content without explicit consent. Japan’s Agency for Cultural Affairs has yet to propose similar regulations, but Miwa predicts alignment is inevitable.

“Japan’s current guidelines are reactive, not proactive,” he notes. “The EU is setting a global standard, and Japanese courts may soon follow suit in interpreting ‘fair use’ for AI outputs. Families should assume that what’s legal today may not be tomorrow.”

Practical Steps: How Parents Can Mitigate Risks

Miwa advises families to adopt a three-pronged approach: education, monitoring, and documentation. Here’s how to apply it:

1. Teach “Copyright Literacy” Before Letting Kids Use AI

Many AI tools—like those from OpenAI or Midjourney—include disclaimers about copyright risks, but children often overlook them. Miwa recommends:

• Use AI tools designed for education: Platforms like Khan Academy’s AI tutors or Duolingo Max are less likely to generate copyrighted material.
• Avoid prompts with copyrighted triggers: Instead of “write a story like Harry Potter,” use “write a fantasy story about a magical school.”
• Check the tool’s terms of service: Some providers (e.g., Perplexity) explicitly state that users retain rights to their prompts but not the outputs.

2. Monitor for Commercial or Public Sharing

Japanese law treats personal use of AI-generated content more leniently than public distribution. Miwa warns that:

“If your child shares an AI-generated video on TikTok or sells a digital illustration on Etsy, they may be violating the Copyright Act’s distribution rights. Even if the AI created it, the act considers the user the ‘publisher’ for legal purposes.”

To stay safe:

• Use AI tools in private mode (e.g., Google’s Workspace Labs for drafts only).
• Watermark AI-generated images/videos before sharing online.
• Consult a lawyer if the content is used in school projects that may be published (e.g., yearbooks).

3. Document Everything (Yes, Really)

In legal disputes, proof of intent matters. Miwa suggests keeping records of:

• The exact AI tool and version used (e.g., “Midjourney v6, prompt: ‘a cartoon cat wearing a top hat’”).
• Timestamps of when content was generated.
• Any modifications made after AI generation (e.g., editing in Photoshop).

“If a copyright holder claims infringement, these records can help prove that the work was transformative or used for non-commercial purposes,” Miwa says.

What’s Next: Upcoming Legal Developments

Japan’s Agency for Cultural Affairs is expected to release an updated version of the 2024 AI guidelines by June 2026, following public consultations. Key watchpoints include:

• Clarification on “fair use” for educational AI: Will Japan adopt the EU’s approach of allowing limited AI training on orphan works?
• Liability for minors: Will parents be held jointly responsible for their children’s AI-generated content?
• Age-gated AI tools: Could Japan introduce restrictions on AI use for children under 13, similar to COPPA in the U.S.?

The next official update is scheduled for June 15, 2026, when the Agency for Cultural Affairs will host a public hearing on AI policy. Families are encouraged to submit feedback via the agency’s consultation portal.

Key Takeaways for Parents

• Assume nothing is “free” to use: Even AI-generated content can infringe copyright if it replicates protected works.
• Prioritize private, non-commercial use: Avoid sharing AI outputs publicly until Japan’s laws catch up with global standards.
• Educate children on digital ethics: Treat AI tools like advanced calculators—not creative black boxes.
• Stay updated on Japan’s AI policy: Bookmark the Agency for Cultural Affairs for updates.

As generative AI becomes as commonplace as smartphones, the legal landscape will continue to shift. For now, Miwa’s advice is simple: “When in doubt, ask: ‘Would I do this with a physical copy of a book or song?’ If the answer is no, the AI version likely carries the same risks.’”

Have questions about how Japan’s AI laws apply to your family’s tech use? Share your concerns in the comments below—or tag @WorldTodayJ on X for expert responses.