Legal Structure and Risk Control of Artificial Intelligence (AI) Technology in Japan : Expertise and Political Decisions

Legal structure and risk control of AI are more and more developed and evolving in many countries including Japan. However, there has been little debate on the question of using experts for important decisions related to the utilization of AI technology. And when to use the experts at the administrative stage or in the parliament in the form of legislation. Plus, there is a situation in which policy issues on AI are determined without much discussion in the legislative process. This paper discusses the governance of risk control of AI in the context of utilizing the expertise. Technologies of AI should be decided with experts before making guidelines or legislation to balance the risk of AI technology utilization and AI utilizing society (Society 5.0 in Japan). Then, to verify the regulation, the importance of keeping the transparency in the decision-making process should also be kept. This paper introduces the cases of Japan.