Act on the Protection of Personal Information

The Commission may call for a certified personal information protection organization to report on its certified services, to the extent necessary to implement the provisions of Section 5 of Chapter IV.

The Commission may order a certified personal information protection organization to improve a method of rendering certified services, alter personal information protection guidelines, or take any other necessary measures, to the extent necessary to implement the provisions of Section 5 of Chapter IV.

If a certified personal information protection organization falls under one of the following items, the Commission may rescind the certification:

the organization has led to falling under Article 48, item (i) or item (iii);

the organization has become unconformable to one of the items of Article 49;

the organization has violated the provisions of Article 55;

the organization disobeys an order under the preceding Article;

the organization has received a certification under Article 47, paragraph (1), or a certification of alteration under Article 50, paragraph (1) by wrongful means.

When having rescinded a certification pursuant to the provisions of the preceding paragraph, the Commission must announce to the public to that effect.

If the Commission finds it necessary for smooth application of the provisions of the preceding Chapter, the Commission may request an administrative organ's head or administrative entity (excluding the President of the Board of Audit; hereinafter the same applies in this Subsection) to submit materials on and explain the state of implementation concerning the handling of personal or other related information by an administrative entity, or may have its employees conduct firsthand inspection.

If the Commission finds it necessary for smooth application of the provisions of the preceding Chapter, the Commission may give necessary guidance and advice to an administrative organ's head or administrative entity concerning the handling of personal or other related information by an administrative entity.

If the Commission finds it necessary for smooth application of the provisions of the preceding Chapter, the Commission may give recommendations to an administrative organ's head or administrative entity concerning the handling of personal or other related information by an administrative entity.

When the Commission gives recommendations to an administrative organ's head or administrative entity pursuant to the provisions of the preceding Article, the Commission may request that head or entity to report on measures that they have taken based on the recommendations.

In light of the purpose of the provisions of Article 149, paragraph (1), the Commission is not to exercise its authority when an administrative organ's head or administrative entity provides personal or other related information to a person set forth in one of the items of Article 57, paragraph (1) (limited to the case in which the person handles personal or other related information for the purpose specified in those items).

For a requirement to submit a report or material under Article 146, paragraph (1), a recommendation under Article 148, paragraph (1), an order under paragraph (2) or paragraph (3) of that Article, a call for a report under Article 153, an order under Article 154, or a rescission under Article 155, paragraph (1), a document specified by Order of the Personal Information Protection Commission must be served.

For an order under Article 148, paragraph (2) or paragraph (3), or Article 154, or a notice under Article 15, paragraph (1) or Article 30 of the Administrative Procedure Act (Act No. 88 of 1993) relating to a rescission under Article 155, paragraph (1), a document referred to in Article 15, paragraphs (1) and (2) or Article 30 of that Act must be served. In this case, the provisions of Article 15, paragraph (3) of that Act (including as applied mutatis mutandis pursuant to Article 31 of that Act following the deemed replacement of terms) do not apply.

The provisions of Article 100, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106, and Article 108 of the Code of Civil Procedure apply mutatis mutandis to the service under the preceding Article. In this case, the term "court" in Article 100, paragraph (1) of the Code and the term "presiding judge" in Article 108 of the Code are deemed to be replaced by "Personal Information Protection Commission", and the term "court execution officer" in Article 101, paragraph (1) of the Code is deemed to be replaced by "official of the Personal Information Protection Commission".

The Commission may effect service by publication in the following cases:

the address or residence of the person to be served or the place where service is to be effected is unknown;

in cases of service that would be effected in a foreign country (meaning a country or region located outside the territory of Japan; the same applies hereinafter), the Commission finds that it is impossible to follow the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms, or it is impossible to effect service even if the Commission follows those provisions;

even after six months have elapsed since a commission was issued to the competent government agency of a foreign country pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms, no document that certifies that the agency has effected service has been sent.

A posting to the effect that the documents to be served will be delivered at any time to the person to be served is made on the notice board of the Commission to effect service by publication.

Service by publication becomes effective once two weeks have elapsed since the date on which the posting under the preceding paragraph was commenced.

Regarding service by publication in lieu of service to be made in a foreign country, the period referred to in the preceding paragraph is six weeks.

When an official of the Commission has, pursuant to Article 7, paragraph (1) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002), used the electronic data processing system prescribed in Article 6, paragraph (1) of that Act for administrating affairs related to a disposition notice, etc. prescribed in Article 3, item (ix) of that Act for which a document under Article 161 of this Act is to be served, the official must use that electronic data processing system to record the particulars of the service under Article 100, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 162 following the deemed replacement of terms, in a file that is stored on a computer (including input or output device) used by the Commission, instead of preparing and submitting a document that states those particulars.

The Commission may request an administrative organ's head or administrative entity to report on the status of enforcement of this Act.

Each year the Commission is to compile reports referred to in the preceding paragraph and make a summary of those reports public.

When a local government finds it necessary for ensuring the proper handling of personal information by a local government organ, a local incorporated administrative agency or a business, the local government may request the Commission to provide it with necessary information or technical advice.

When requested pursuant to the provisions of the preceding paragraph, the Commission is to provide necessary information or technical advice.

When the head of a local government has prescribed the local ordinance pursuant to the provisions of this Act, that head must notify the Commission of this and the content of that ordinance pursuant to Order of the Personal Information Protection Commission without delay.

When a notification under the preceding paragraph has been given, the Commission must disclose the matters relating to that notification through the use of the Internet or other appropriate means.

The provisions of the preceding two paragraphs apply mutatis mutandis to any alteration to matters relating to the notification under paragraph (1).

The Commission must annually report to the Diet through the Prime Minister on the current status of administering function under the jurisdiction, and disclose its summary.

The Commission is to establish a comprehensive information center for ensuring the smooth implementation of the provisions of this Act.

Administrative affairs under the Commission's authority prescribed in this Act or under an authority that has been delegated to the competent minister for the business or to the Commissioner of the Financial Services Agency pursuant to the provisions of Article 150, paragraph (1) or paragraph (4) may be managed by the head of a local government or other executive agency as prescribed by Cabinet Order.