Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures

To the extent necessary for the enforcement of this Act, the Commission may give necessary guidance and advice regarding the handling of Specific Personal Information to a Person in Charge of a Process Using an Individual Number, etc.

If an act violating the provisions of laws and regulations related to the handling of Specific Personal Information is performed and the Commission finds it necessary to ensure the appropriate handling of Specific Personal Information, it may fix time limit and recommend that the person who performed said violation cease the violation and take other necessary measures to correct the violation, or notify the person themselves of, or publicly announce, the facts concerning said violation and take other measures necessary to protect the rights and interests of individuals (such measures are hereinafter referred to as "corrective measures, etc." in this Article).

If the person who receives the recommendation under, without justifiable grounds, the preceding paragraph does not the take corrective measures, etc. recommended, the Commission may fix time limit and order the person to take the corrective measures, etc. recommended.

Notwithstanding the provisions of the preceding two paragraphs, if an act violating the provisions of laws and regulations related to the handling of Specific Personal Information is performed and, due to a serious infringement of the rights and interests of individuals or an imminent serious infringement of the rights and interests of individuals, the Commission finds it necessary to take emergency measures, it may fix a time limit and order the person who performed said violation to take corrective measures, etc.

If a person who has received an order under paragraph (2) or (3) of the preceding Article (hereinafter referred to as a "violator" in this Article) does not comply with that order, and there is a handling-related service provider (meaning a person who has been entrusted by the violator with all or part of the handling of Specific Personal Information, or any other person who, based on a contract with the violator, provides a service that the violator uses for the handling of that Specific Personal Information; the same applies hereinafter in this paragraph and the following paragraph) that provides a service that the violator uses for the handling of the Specific Personal Information related to the violation to which that order pertains, the Commission may request that handling-related service provider to take measures necessary to cause the violation to cease, such as suspending the handling of the Specific Personal Information related to the violation or suspending the provision of that service.

A handling-related service provider that, upon receiving a request under the preceding paragraph, has taken the measures pertaining to that request is not liable to compensate for damage incurred by the violator who received the order.

If the Commission has issued an order under paragraph (2) or (3) of the preceding Article and the violation is the transmission of information including Specific Personal Information by means of specified telecommunications (meaning specified telecommunications prescribed in Article 2, item (i) of the Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through Specified Telecommunications (Act No. 137 of 2001); the same applies hereinafter in this paragraph), the Commission may request a specified telecommunications service provider (meaning a specified telecommunications service provider prescribed in Article 2, item (iv) of that Act; the same applies in the following paragraph) that provides the specified telecommunications service prescribed in Article 2, item (iii) of that Act pertaining to the distribution of information through those specified telecommunications to take measures to prevent the distribution of that information through specified telecommunications.

A specified telecommunications service provider that, upon receiving a request under the preceding paragraph, has taken the measures pertaining to that request is not liable to compensate for damage incurred by the violator who received the order.

To the extent necessary for the enforcement of this Act, the Commission may request the persons handling Specific Personal Information and other persons concerned to make the necessary reports or submit materials regarding the handling of Specific Personal Information, or have its officials enter the office of the person handling said Specific Personal Information or of persons concerned or enter other necessary places and ask questions related to the handling of Specific Personal Information or inspect books, documents and other items.

The officials who conduct on-site inspections pursuant to the preceding paragraph must carry an identification card and, if requested by persons concerned, present it to them.

The authority to conduct on-site inspections under the provisions of paragraph (1) must not be construed as being vested with the authority for criminal investigation.

The provisions of Article 33 through the preceding Article do not apply to the provision of Specific Personal Information and the handling of Specific Personal Information that has been provided or obtained if a House Examination, etc. is conducted or in cases, from among the cases specified by the Cabinet Order set forth in Article 19, item (xv) of this Act, where procedures provided for by Cabinet Order as being equivalent to a House Examination, etc. are conducted.

The Commission may request that the Prime Minister and the other heads of the administrative organs concerned secure cost reduction and other improvements in the rationality and the efficiency, regarding, the construction, maintenance, and management of the Information Providing Network System and other information systems that are used in the handling of Individual Numbers and other Specific Personal Information, and take the necessary measures to ensure the safety and reliability of the function of said systems.

If the Commission, pursuant to the provisions of the preceding paragraph, requests the implementation of the measures under said paragraph, it may also request that the heads of the Administrative Organs under said paragraph report the status of implementation of the measures.

The Commission may express opinions about the improvement of the measures related to the protection of Specific Personal Information, obtained during the implementation of the functions under the jurisdiction, to the Prime Minister.