The law as Act Partially Amending the Act on the Protection of Personal Information, etc. (Act No. 56 of 2026) leaves it, with the words it changes marked.
The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter I General Provisions第一章 総則
Article 1第一条
Purpose(目的)
Article 1, paragraph (1)
The purpose of this Act is to protect the rights and interests of individuals while ensuring the smooth and proper management of the processes or services of administrative entities as well as ensuring due consideration of the value of personal information and the fact that the proper and effective application of personal information contributes to the creation of new industries and the realization of a vibrant economic society and an enriched quality life of the Japanese public; by setting forth the basic principles for the proper handling of personal information, creating a governmental basic policy with regard to this, establishing other matters to serve as a basis for measures to protect personal information, and clarifying the responsibilities of the national and local governments and establishing obligations that businesses and administrative entities that handle personal information are required to fulfill in accordance with their circumstances, as well as establishing the Personal Information Protection Commission, in light of the significantly expanding utilization of personal information as digital society evolves.
information containing a name, date of birth, or other identifier or the equivalent (meaning all items (excluding individual identification codes) made by writing, recording, sound or motion, or other means, in a document, drawing, or electronic or magnetic record (this includes a record created in electronic or magnetic form (meaning electronic form, magnetic form, or any other form that cannot be perceived with the human senses; the same applies in item (ii) of the following paragraph); hereinafter the same); hereinafter the same) which can be used to identify a specific individual (this includes any information that can be easily collated with other information and thereby used to identify that specific individual);
those containing an individual identification code.
個人識別符号が含まれるもの
Article 2, paragraph (2)(定義)
"Individual identification code" in this Act means one prescribed by Cabinet Order which consists of any character, letter, number, symbol or other codes falling under any of the following items:
characters, letters, numbers, symbols or other codes converted in order to be provided for use by computers, used to identify a specific individual by a distinguishing physical feature of theirs;
characters, letters, numbers, symbols or other codes used to identify a specific user, purchaser, or recipient, which are assigned differently for each of them regarding the use of services for an individual or the purchase of goods for an individual, or which are stated or recorded in an electronic or magnetic means differently for each of them in a card or other document issued to an individual.
"Sensitive personal information" in this Act means personal information as to an identifiable person's race, creed, social status, medical history, criminal record, the fact of having suffered damage by a crime, or other identifiers or their equivalent prescribed by Cabinet Order as those of requiring special care so as not to cause unjust discrimination, prejudice or other disadvantages to that person.
"Identifiable person" in relation to personal information in this Act means a specific individual identifiable by personal information.
この法律において個人情報について「本人」とは、個人情報によって識別される特定の個人をいう。
Article 2, paragraph (5)(定義)
"Pseudonymized personal information" in this Act means information relating to an individual that can be prepared in a way that makes it not possible to identify a specific individual unless collated with other information by taking any of the measures prescribed in each following item in accordance with the divisions of personal information set forth in those items:
personal information falling under paragraph (1), item (i):deleting a part of the identifiers or their equivalent contained in the personal information (including replacing the part of the identifiers or their equivalent with other identifiers or their equivalent without following patterns that enable its restoration);
personal information falling under paragraph (1), item (ii):deleting all individual identification codes contained in the personal information (including replacing the individual identification codes with other identifiers or their equivalent without following patterns that enable restoration of the individual identification codes).
"Anonymized personal information" in this Act means information relating to an individual that can be prepared in a way that makes it not possible to identify a specific individual by taking any of the measures prescribed in each following item in accordance with the divisions of personal information set forth in those items; and also make it not possible to restore that personal information:
personal information falling under paragraph (1), item (i):deleting a part of the identifiers or their equivalent contained in the personal information (including replacing the part of the identifiers or their equivalent with other identifiers or their equivalent without following patterns that enable its restoration);
personal information falling under paragraph (1), item (ii):deleting all individual identification codes contained in the personal information (including replacing the individual identification codes with other identifiers or their equivalent without following patterns that enable restoration of the individual identification codes).
"Information related to personal information" in this Act means information relating to a living individual which doesn't fall under personal information, pseudonymized personal information and anonymized personal information.
"Administrative organContact-enabling information related to personal information" in this Act means information related to personal information that contains any of the following identifiers or the equivalent (including information that can be readily collated with other information and thereby enables any of the following identifiers or the equivalent to be identified):
organs within the Cabinet (excluding the address of a residence, place of work or any other place where a specific individual is or was located (limited to one that can be used for sending to a specific individual by mail or by correspondence delivery prescribed in Article 2, paragraph (2) of the Cabinet Office Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) (referred to as "correspondence delivery" in Article 41, paragraph (8) and the Disaster Management Agency) Article 73, paragraph (4)) conducted by a general correspondence delivery operator prescribed in Article 2, paragraph (6) of that Act or under the jurisdiction a specified correspondence delivery operator prescribed in paragraph (9) of the Cabinet which are established pursuantthat Article, for delivering a telegram to the provisions of lawsa specific individual, or for visiting a specific individual);
the Cabinet Office, the Imperial Household Agency, and organs prescribed in Article 49, paragraphs (1) and (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) (if, under these organs, an organ designated by Cabinet Order as prescribed in item (v) is established, that organ designated by Cabinet Order is excludeda telephone number (limited to one that can be used for telephoning a specific individual or for transmitting information to a specific individual using a facsimile machine);
an email address (meaning an email address prescribed in Article 2, item (iii) of the Disaster Management Agency (excluding facilities and other organs designated by Cabinet Order as Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of 2002), limited to one that can be used for sending electronic mail prescribed in item (vi)i) of that Article to a specific individual);
organs a code assigned so as to enable the identification of a person using telecommunications facilities (meaning telecommunications facilities prescribed in Article 3, paragraph (22, item (ii) of the National Government OrganizationTelecommunications Business Act (Act No. 12086 of 1948) (if, under these organs, an organ designated by Cabinet Order as prescribed in item (vii) is established, that organ designated 1984); the same applies hereinafter in this item) or of telecommunications facilities (limited to one that can be used for communicating information to a specific individual by Cabinet Order is excludedmeans of telecommunications (meaning telecommunications prescribed in item (i) of that Article));
organs referred to in Articles 39 and 55 of the Act for Establishment of the Cabinet Office andbeyond what is set forth in Article 16, paragraph (2) of the Imperial Household Agency Act (Act No. 70 of 1947), and extraordinary organs referred to in Articles 40 and 56preceding items, identifiers or the equivalent prescribed by Order of the Act for Establishment of the Cabinet Office (includingPersonal Information Protection Commission as applied mutatis mutandis pursuant to Article 18, paragraph (1) of the Imperial Household Agency Act), that are designated by Cabinet Order;those that can be used for contacting a specific individual or otherwise communicating information to a specific individual.
facilities and other organs referred to in Article 15 of the Act for Establishment of the Disaster Management Agency (Act No. 61 of 2026) that are designated by Cabinet Order;
facilities and other organs referred to in Article 8-2 of the National Government Organization Act, and extraordinary organs referred to in Article 8-3 of that Act, that are designated by Cabinet Order;
"Incorporated administrative agency or other prescribed corporationorgan" in this Act means an incorporated administrative agency as prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999) and the corporation listed in the Appended Table 1.following:
organs within the Cabinet (excluding the Cabinet Office and the Disaster Management Agency) or under the jurisdiction of the Cabinet which are established pursuant to the provisions of laws;
the Cabinet Office, the Imperial Household Agency, and organs prescribed in Article 49, paragraphs (1) and (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) (if, under these organs, an organ designated by Cabinet Order as prescribed in item (v) is established, that organ designated by Cabinet Order is excluded);
organs prescribed in Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948) (if, under these organs, an organ designated by Cabinet Order as prescribed in item (vii) is established, that organ designated by Cabinet Order is excluded);
organs referred to in Articles 39 and 55 of the Act for Establishment of the Cabinet Office and in Article 16, paragraph (2) of the Imperial Household Agency Act (Act No. 70 of 1947), and extraordinary organs referred to in Articles 40 and 56 of the Act for Establishment of the Cabinet Office (including as applied mutatis mutandis pursuant to Article 18, paragraph (1) of the Imperial Household Agency Act), that are designated by Cabinet Order;
facilities and other organs referred to in Article 15 of the Act for Establishment of the Disaster Management Agency (Act No. 61 of 2026) that are designated by Cabinet Order;
facilities and other organs referred to in Article 8-2 of the National Government Organization Act, and extraordinary organs referred to in Article 8-3 of that Act, that are designated by Cabinet Order;
"Local incorporatedIncorporated administrative agency or other prescribed corporation" in this Act means a localan incorporated administrative agency as prescribed in Article 2, paragraph (1) of the Local Act on General Rules for Incorporated Administrative Agency ActAgencies (Act No. 118103 of 2003)1999) and the corporation listed in the Appended Table 1.
"Administrative entitylocal incorporated administrative agency" in this Act means a local incorporated administrative agency as prescribed in Article 2, paragraph (1) of the following organs:Local Independent Administrative Agency Act (Act No. 118 of 2003).
local government organs (excluding assemblies; the same applies hereinafter except the following Chapter, Chapter III and Article 69, paragraph (2), item (iii));
incorporated administrative agencies or other prescribed corporations (excluding corporations listed in the Appended Table 2; the same applies in Article 16, paragraph (2), item (iii), Article 63, Article 78, paragraph (1), item (vii), (a) and (b), Article 89, paragraphs (4) through (6), Article 119, paragraphs (5) through (7), and Article 125, paragraph (2));
local incorporated administrative agencies (excluding those whose main purpose is providing the service listed in Article 21, item (i) of the Local Incorporated Administrative Agency Act, or those whose purpose is providing the service listed in item (ii) or (iii) of that Article (limited to the part relating to (h)); the same applies in Article 16, paragraph (2), item (iv), Article 63, Article 78, paragraph (1), item (vii), (a) and (b), Article 89, paragraphs (7) through (9), Article 119, paragraphs (8) through (10), and Article 125, paragraph (2)).
local government organs (excluding assemblies; the same applies hereinafter except the following Chapter, Chapter III and Article 69, paragraph (2), item (iii));
incorporated administrative agencies or other prescribed corporations (excluding corporations listed in the Appended Table 2; the same applies in Article 16, paragraph (2), item (iii), Article 63, Article 78, paragraph (1), item (vii), (a) and (b), Article 89, paragraphs (4) through (6), Article 119, paragraphs (5) through (7), and Article 125, paragraph (2));
local incorporated administrative agencies (excluding those whose main purpose is providing the service listed in Article 21, item (i) of the Local Independent Administrative Agency Act, or those whose purpose is providing the service listed in item (ii) or (iii) of that Article (limited to the part relating to (h)); the same applies in Article 16, paragraph (2), item (iv), Article 63, Article 78, paragraph (1), item (vii), (a) and (b), Article 89, paragraphs (7) through (9), Article 119, paragraphs (8) through (10), and Article 125, paragraph (2)).
"Statistical compilation or similar analysis" in this Act means an act of compiling statistics or otherwise creating information on the trends or properties of a large amount of information (excluding such trend or property information that concerns individuals) by extracting information relating to the elements constituting that information from the large amount of information and conducting classification, comparison or other analysis, which is prescribed by Order of the Personal Information Protection Commission as being unlikely to harm individual rights and interests.
The proper handling of personal information must be pursued in view of the fact that it should be handled prudently in line with the philosophy of respecting the autonomy of the individual.
Chapter II Responsibilities of the National and the Local Governments第二章 国及び地方公共団体の責務等
Article 4第四条
Responsibilities of the National Government(国の責務)
Article 4, paragraph (1)
The national government is responsible for comprehensively developing and implementing the necessary measures to ensure the proper handling of personal information by national government organs, local government organs, incorporated administrative agencies or other prescribed corporations, local incorporated administrative agencies, and businesses in conformity with the purport of this Act.
Responsibilities of the Local Governments(地方公共団体の責務)
Article 5, paragraph (1)
Local governments are responsible for developing and implementing necessary measures to ensure the proper handling of personal information by local government organs, local incorporated administrative agencies, and businesses within their territory based on its characteristics in conformity with the purport of this Act while considering the consistency with the measures taken by the national government.
The government is to take necessary legislative and other measures to ensure that there are special measures in place to protect personal information whose strict proper handling it is necessary to ensure in order to further protect the rights and interests of individuals, and also take necessary measures in collaboration with the governments of other countries to establish an internationally harmonized system for personal information through cooperation with international organizations and other international frameworks, in view of the nature of the personal information and the way in which it is used.
The government must establish a basic policy on the protection of personal information (hereinafter referred to as a "basic policy") in order to further comprehensive and integrated measures to protect personal information.
The basic policy is to provide for the following details:
基本方針は、次に掲げる事項について定めるものとする。
Article 7, paragraph (2), item (i)
the basic course of action for furthering measures to protect personal information;
個人情報の保護に関する施策の推進に関する基本的な方向
Article 7, paragraph (2), item (ii)
the details of the measures to protect personal information that are to be taken by the national government;
国が講ずべき個人情報の保護のための措置に関する事項
Article 7, paragraph (2), item (iii)
the basic details of the measures to protect personal information that are to be taken by local governments;
地方公共団体が講ずべき個人情報の保護のための措置に関する基本的な事項
Article 7, paragraph (2), item (iv)
the basic details of the measures to protect personal information that are to be taken by incorporated administrative agencies or other prescribed corporations;
独立行政法人等が講ずべき個人情報の保護のための措置に関する基本的な事項
Article 7, paragraph (2), item (v)
the basic details of the measures to protect personal information that are to be taken by local incorporated administrative agencies;
地方独立行政法人が講ずべき個人情報の保護のための措置に関する基本的な事項
Article 7, paragraph (2), item (vi)Changed
the basic details of the measures to protect personal information to be taken by businesses handling personal information prescribed in Article 16, paragraph (2), businesses handling pseudonymized personal information prescribed in paragraph (56) of that Article, businesses handling anonymized personal information prescribed in paragraph (67) of that Article, and certified personal information protection organizations prescribed in Article 51, paragraph (1);
The provisions of the preceding two paragraphs apply mutatis mutandis to amendments to the basic policy.
前二項の規定は、基本方針の変更について準用する。
Section 2 Measures Taken by the National Government第二節 国の施策
Article 8第八条
Protection of Personal Information Held by a National Government Organ(国の機関等が保有する個人情報の保護)
Article 8, paragraph (1)
The national government is to take necessary measures so as to ensure the proper handling of personal information held by its organs.
国は、その機関が保有する個人情報の適正な取扱いが確保されるよう必要な措置を講ずるものとする。
Article 8, paragraph (2)
The national government is to take necessary measures so as to ensure the proper handling of personal information held by incorporated administrative agencies or other prescribed corporations.
The national government is to take the necessary measures, such as providing information and formulating guidelines to ensure that local governments and businesses properly and effectively implement the measures that they are required to take, in order to support measures to protect personal information which local governments formulate and implement, and in order to support actions that the people or businesses take to ensure the proper handling of personal information.
The national government is to take the necessary measures to ensure the appropriate and prompt processing of complaints arising between businesses and identifiable persons regarding the handling of personal information.
Measures to Ensure the Proper Handling of Personal Information(個人情報の適正な取扱いを確保するための措置)
Article 11, paragraph (1)
The national government is to take the necessary measures to ensure that businesses handling personal information as prescribed in the following Chapter properly do so, by effecting an appropriate division of roles between the national and local governments.
The national government is to take the necessary measures to ensure the proper handling of personal information by local governments and local incorporated administrative agencies prescribed in Chapter V.
Local governments are to take the necessary measures in order to ensure the proper handling of personal information held by local incorporated administrative agencies they establish.
Local governments must endeavor to take the necessary measures to support businesses and residents within their territory so as to ensure the proper handling of personal information.
Local governments must endeavor to provide mediation for complaint processing and take other necessary measures to ensure that any complaint arising between a business and an identifiable person regarding the handling of personal information is processed appropriately and promptly.
"Personal information database or the equivalent" in this Chapter and Chapter VIII means a collective body of information comprised of personal information, as set forth in the following (excluding those prescribed by Cabinet Order as having little possibility of harming individual rights and interests in consideration of how the information is used):
those systematically organized so as to be searchable for particular personal information using a computer;
特定の個人情報を電子計算機を用いて検索することができるように体系的に構成したもの
Article 16, paragraph (1), item (ii)(定義)
beyond what is set forth in the preceding item, those prescribed by Cabinet Order as having been systematically organized so as to be easily searchable for particular personal information.
"Businessbusiness handling personal information" in this Chapter and Chapters, Chapter VI throughand Chapter VIII means a person that uses a personal information database or the equivalent for business; provided, however, that this excludes persons set forth as follows:
incorporated administrative agencies or other prescribed corporations;
独立行政法人等
Article 16, paragraph (2), item (iv)(定義)
local incorporated administrative agencies.
地方独立行政法人
Article 16, paragraph (3)(定義)
"Personal data" in this Chapter means personal information compiled in a personal information database or the equivalent.
この章において「個人データ」とは、個人情報データベース等を構成する個人情報をいう。
Article 16, paragraph (4)(定義)
"Personal data the business holds" in this Chapter means personal data which a business handling personal information has the authority to disclose; to correct, add or delete content from; to cease to use; to erase; or to cease to provide to a third party, other than what Cabinet Order provides for as data which is likely to harm the public interest or other interests if its existence or non-existence is made clear.
"Business handling pseudonymizedSpecified biometric personal information" in this Chapter and Chapters VI and VII meansmeans personal information that includes a person that uses a collective body of information consisting of pseudonymized personal information for business, which specified biometric individual identification code (meaning an individual identification code falling under Article 2, paragraph (2), item (i) that has been systematically organized to be searchable using a computer or is the equivalent as prescribed by Cabinet Order as systematically organized in order to be easily searchable for particular pseudonymized personal information (referred to as a "pseudonymized personal information database orconverted from information prescribed by Cabinet Order as information on a characteristic of a part of the body which can be acquired by a method that does not require special technology or a costly expenditure and whose acquisition the identifiable person cannot easily recognize; the equivalent" same applies in Article 4121-2, paragraph (1)); provided, however, that this excludes persons set forth in each item of, item (iv) and Article 35, paragraph (27)).
"Business handling anonymizedpseudonymized personal information" in this Chapter and ChaptersChapter VI and VII means a person that uses collective body of information consisting of anonymizedpseudonymized personal information for business, which has been systematically organized to be searchable using a computer or is the equivalent prescribed by Cabinet Order as systematically organized in order to be easily searchable for particular anonymizedpseudonymized personal information (referred to as an "anonymizeda "pseudonymized personal information database or the equivalent" in Article 4341, paragraph (1) and Article 42, paragraph (3)); provided, however, that this excludes persons set forth in each item of paragraph (2).
"Businessbusiness handling information related toanonymized personal information" in this Chapter and ChaptersChapter VI and VII means a person that uses a collective body of information consisting of information related toanonymized personal information for business, which has been systematically organized to be searchable using a computer or is the equivalent as prescribed by Cabinet Order as systematically organized in order to be easily searchable for particular information related toanonymized personal information (referred to as an "database or the equivalent ofanonymized personal information related to personal informationdatabase or the equivalent" in Article 3143, paragraph (1)); provided, however, that this excludes persons set forth in each item of paragraph (2).
"Academic research institution or the equivalentBusiness handling information related to personal information" in this Chapter and Chapter VI means a university or other organization or group associated with academic studies, person that uses collective body of information consisting of information related to personal information for business, which has been systematically organized to be searchable using a computer or a person belonging is the equivalent as prescribed by Cabinet Order as systematically organized in order to be easily searchable for particular information related to personal information (referred to as a "database or the equivalent of information related to itpersonal information" in Article 31, paragraph (1)); provided, however, that this excludes persons set forth in each item of paragraph (2).
"academic research institution or the equivalent" in this Chapter means a university or other organization or group associated with academic studies (including a hospital prescribed in Article 1-5, paragraph (1) of the Medical Care Act (Act No. 205 of 1948) (referred to as a "hospital" in Article 58, paragraph (2)) and other organizations or groups for the purpose of providing medical care), or a person belonging to it.
Section 2 Obligations of Businesses Handling Personal Information and Businesses handling Information Related to Personal Information第二節 個人情報取扱事業者及び個人関連情報取扱事業者の義務
Article 17第十七条
Specifying the Purpose of Use(利用目的の特定)
Article 17, paragraph (1)
In handling personal information, the business handling personal information must specify as much as possible the purpose for which it uses that information (hereinafter referred to as the "purpose of use").
When altering the purpose of use, businesses handling personal information must not alter it beyond the extent that can be appreciably linked to what it was before the alteration.
A business handling personal information must not handle personal information beyond the scope necessary for achieving the purpose of use specified pursuant to the provisions of the preceding Article without obtaining the identifiable person's consent to do so in advance.
If, due to a merger or other such circumstances, a business handling personal information acquires personal information when succeeding to the business of another business handling personal information, it must not handle that personal information beyond the scope necessary for achieving the pre-succession purpose of use for that personal information without obtaining the identifiable person's consent to do so in advance.
The provisions of the preceding two paragraphs do not apply in the following cases:
前二項の規定は、次に掲げる場合については、適用しない。
Article 18, paragraph (3), item (i)(利用目的による制限)
cases based on laws and regulations (including local ordinances; hereinafter the same applies in this Chapter);
法令(条例を含む。以下この章において同じ。)に基づく場合
Article 18, paragraph (3), item (ii)(利用目的による制限)(Restriction Due to Purpose of use)Changed
cases in which there is a need to protect the life, wellbeing, or property of an individual, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
Article 18, paragraph (3), item (iii)(利用目的による制限)(Restriction Due to Purpose of use)Changed
cases in which there is a special need to improve public wellbeing or promote healthy child development, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
cases in which there is a need to cooperate with a national government organ, local government, or person entrusted thereby with performing the functions prescribed by laws and regulations, and obtaining the consent of the identifiable person is likely to interfere with the performance of those functions;
cases in which the business handling personal information is an academic research institution or the equivalent, and needs to handle the personal information for the purpose of using it in academic research (hereinafter referred to as "academic research purposes" in this Chapter) (including cases in which a part of the purpose of handling the personal information is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
cases in which personal data is provided to an academic research institution or the equivalent, and they need to handle the personal data for academic research purposes (including cases in which a part of the purpose of handling the personal data is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests).
Article 18, paragraph (3), item (vii)(利用目的による制限)(Restriction Due to Purpose of use)Added
cases prescribed by Order of the Personal Information Protection Commission as cases in which it is obvious that handling the personal information is unavoidably necessary for the performance of the contract with the identifiable person, or other cases in which it is obvious, in light of the circumstances of the acquisition of that personal information, that handling it is not contrary to the intention of the identifiable person and therefore does not harm the person's rights and interests.
A business handling personal information must not utilize personal information in a way that there is a possibility of fomenting or inducing unlawful or unjust act.
A business handling personal information must not acquire personal information by deception or other wrongful means.
個人情報取扱事業者は、偽りその他不正の手段により個人情報を取得してはならない。
Article 20, paragraph (2)(適正な取得)
A business handling personal information must not acquire sensitive personal information without obtaining the identifiable person's consent in advance, except cases set forth in the following:
cases in which there is a need to protect the life, wellbeing, or property of an individual, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
cases in which there is a special need to improve public wellbeing or promote healthy child development, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
cases in which there is a need to cooperate with a national government organ, local government, or person entrusted thereby with performing the functions prescribed by laws and regulations, and the consent of the identifiable person is likely to interfere with the performance of those functions;
cases in which the business handling personal information is an academic research institution or the equivalent, and needs to handle the sensitive personal information for academic research purposes (including cases in which a part of the purpose of handling the sensitive personal information is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
cases of acquiring the sensitive personal information fromconducting academic research jointly with an academic research institution or the equivalent and it is necessary to acquire that the sensitive personal information from that academic research institution or the equivalent for academic research purposepurposes (including cases in which a part of the purpose of acquiring the sensitive personal information is for academic research purposes, excluding cases in which there is a risk of unjustly infringing on individual rights and interests) (limited to cases in which the business handling personal information and the academic research institution or the equivalent jointly conduct academic research);
cases prescribed by Order of the Personal Information Protection Commission as cases in which it is obvious that acquiring the sensitive personal information is open to unavoidably necessary for the public by a person identifiable by that information, a national government organ, a local government, an academic research institution or performance of the contract with the identifiable person, or other cases in which it is obvious, in light of the circumstances of the equivalent, a person set forth in each item of Article 57, paragraph (1), or other acquisition of the sensitive personal information, that acquiring it is not contrary to the intention of the identifiable person prescribed by Order of and therefore does not harm the Personal Information Protection Commissionperson's rights and interests;
other cases prescribed by Cabinet Order of receiving the provision pursuant to the main clause of Article 30-2, paragraph (5), or of acquiring, as equivalent sensitive personal information, information related to personal information provided pursuant to the cases set forth in each preceding item.main clause of Article 31-3, paragraph (1);
cases in which the sensitive personal information is open to the public by a person identifiable by that information, a national government organ, a local government, an academic research institution or the equivalent, a person set forth in each item of Article 57, paragraph (1), or other person prescribed by Order of the Personal Information Protection Commission;
other cases prescribed by Cabinet Order as equivalent to the cases set forth in each preceding item.
その他前各号に掲げる場合に準ずるものとして政令で定める場合
Article 21第二十一条
Notification of a Purpose of Use when Acquiring Personal Information(取得に際しての利用目的の通知等)
Article 21, paragraph (1)
Unless the purpose of use has already been disclosed to the public, a business handling personal information must promptly notify the identifiable person of that purpose of use or disclose this to the public once it has acquired personal information.
Notwithstanding the provisions of the preceding paragraph, a business handling personal information must explicitly specify the purpose of use to the identifiable person, before acquiring their personal information which appears in a written agreement or other document (this includes an electronic or magnetic record; hereinafter the same applies in this paragraph) as a result of concluding an agreement with that person; or acquiring their personal information which appears in a document, directly from the person in question; provided, however, that this does not apply if there is an urgent necessity to dispense with this requirement in order to protect the life, wellbeing, or property of an individual.
If a business handling personal information alters the purpose of use, it must notify identifiable persons of the altered purpose of use or disclose this to the public.
The provisions of the preceding three paragraphs do not apply in the following cases:
前三項の規定は、次に掲げる場合については、適用しない。
Article 21, paragraph (4), item (i)
notifying the identifiable person of the purpose of use or disclosing this to the public is likely to harm the life, wellbeing, property, or other rights or interests of the identifiable person or a third party;
notifying the identifiable person of the purpose of use or disclosing this to the public is likely to harm the rights or legitimate interests of the business handling personal information;
it is necessary for the business to cooperate with a national government organ or a local government in performing the functions prescribed by laws and regulations, and notifying the identifiable person of the purpose of use or disclosing this to the public is likely to interfere with the performance of those functions;
Article 21-2, paragraph (1)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
A business handling personal information must, when handling specified biometric personal information, notify the identifiable person of the following matters in advance, or put them in a state where the identifiable person can easily know them, as provided by Order of the Personal Information Protection Commission:
Article 21-2, paragraph (1), item (i)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
the name and address of that business handling personal information and, if it is a corporation, the name of its representative (or, for an organization without legal personality that has made provisions for a representative or manager, the name of the representative or administrator; the same applies in Article 27, Article 30, paragraph (1), item (i), and Article 32, paragraph (1), item (i));
Article 21-2, paragraph (1), item (ii)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
the fact that specified biometric personal information will be handled;
特定生体個人情報を取り扱うこと。
Article 21-2, paragraph (1), item (iii)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
the purpose of use of the specified biometric personal information;
特定生体個人情報の利用目的
Article 21-2, paragraph (1), item (iv)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
the content of the information on the characteristic of a part of the body that is converted into the specified biometric individual identification code included in the specified biometric personal information;
特定生体個人情報に含まれる特定生体個人識別符号に変換される身体の一部の特徴に係る情報の内容
Article 21-2, paragraph (1), item (v)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
the procedures for responding to a request for disclosure or other handling prescribed in Article 37, paragraph (1) (including the amount of the fee, if a fee is collected pursuant to the provisions of Article 38, paragraph (1));
Article 21-2, paragraph (1), item (vi)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
other matters prescribed by Order of the Personal Information Protection Commission as those necessary to protect individual rights and interests.
その他個人の権利利益を保護するために必要なものとして個人情報保護委員会規則で定める事項
Article 21-2, paragraph (2)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
The provisions of the preceding paragraph do not apply in the following cases:
前項の規定は、次に掲げる場合については、適用しない。
Article 21-2, paragraph (2), item (i)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
taking the measures under the preceding paragraph is likely to harm the life, wellbeing, property, or other rights or interests of the identifiable person or a third party;
Article 21-2, paragraph (2), item (ii)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
taking the measures under the preceding paragraph is likely to harm the rights or legitimate interests of the business handling personal information;
Article 21-2, paragraph (2), item (iii)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
it is necessary for the business to cooperate with a national government organ or a local government in performing the functions prescribed by laws and regulations, and taking the measures under the preceding paragraph is likely to interfere with the performance of those functions;
Article 21-2, paragraph (2), item (iv)(特定生体個人情報の取扱いに際しての利用目的等の通知等)Notification, etc. of Purpose of Use, etc. upon Handling Specified Biometric Personal InformationAdded
other cases prescribed by Cabinet Order as equivalent to the cases set forth in the preceding three items.
その他前三号に掲げる場合に準ずるものとして政令で定める場合
Article 22第二十二条
Maintaining the Accuracy of Data(データ内容の正確性の確保等)
Article 22, paragraph (1)
Businesses handling personal information must endeavor to keep the content of personal data accurate and up to date, within the scope necessary for achieving the purpose of use, and delete the personal data without delay if they no longer require it.
Measures for Managing the Security of Personal Data(安全管理措置)
Article 23, paragraph (1)
Businesses handling personal information must take the necessary and appropriate measures for managing the security of personal data including preventing the leaking, loss or damage of the personal data they handle.
In having an employee handle personal data, businesses handling personal information must exercise the necessary and adequate supervision over that employee to ensure the secure management of the personal data.
If a business handling personal information entrusts another person with all or part of the handling of personal data, it must exercise the necessary and adequate supervision over the person it entrusts, so as to ensure the secure management of the personal data with whose handling it entrusts that person.
Pursuant to Order of the Personal Information Protection Commission, businesses handling personal information must report leaks, loss or damage and other situations concerning the security of the personal data they handle, which are prescribed by Order of the Personal Information Protection Commission as those likely to harm individual rights and interests, to the Personal Information Protection Commission; provided, however, that this does not apply to cases in which another business handling personal information or administrative entity has entrusted the business in question with all or part of the handling of the personal data, and it has notified that other business handling personal information or administrative entity of the situation as prescribed by Order of the Personal Information Protection Commission.
In cases prescribed in the preceding paragraph, businesses handling personal information (excluding those that have given a notice under the proviso of that paragraph) must notify the identifiable person of the occurrence of the situation, pursuant to Order of the Personal Information Protection Commission; provided, however, that this does not apply if it is difficult to notify the identifiable person of that occurrence, or in a case prescribed by Order of the Personal Information Protection Commission as one in which there is little risk of a failure to protect the identifiable person's rights and interests even if the identifiable person is not notified, and the necessary alternative measures are taken to protect that person's rights and interests.
Businesses handling personal information must not provide personal data to a third party without obtaining the identifiable person's consent in advance, except cases set forth below:
Article 27, paragraph (1), item (ii)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Changed
cases in which there is a need to protect the life, wellbeing, or property of an individual, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
Article 27, paragraph (1), item (iii)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Changed
cases in which there is a special need to improve public wellbeing or promote healthy child development, and it is difficult to obtain the consent of the identifiable person or there are otherwise reasonable grounds for not obtaining the consent of the identifiable person;
cases in which there is a need to cooperate with a national government organ, local government, or person entrusted thereby with performing the functions prescribed by laws and regulations, and obtaining the consent of the identifiable person is likely to interfere with the performance of those functions.
cases in which the business handling personal information is an academic research institution or the equivalent, and providing the personal data for the purpose of publication of academic research results or teaching is unavoidable (excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
Article 27, paragraph (1), item (vi)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Changed
cases in which the business handling personal information that is an academic research institution or the equivalent conducts academic research jointly with a third party, and needs to provide the personal data to that third party for the academic research purpose (including cases in which a part of the purpose of providinghandling the personal data is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests) (limited to cases in which the business handling personal information and the third party jointly conduct academic research);
cases in which the third party is an academic research institution or the equivalent, and the third party needs to handle the personal data for academic research purposes (including cases in which a part of the purpose of handling the personal data is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests).
Article 27, paragraph (1), item (viii)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Added
cases prescribed by Order of the Personal Information Protection Commission as cases in which it is obvious that providing the personal data is unavoidably necessary for the performance of the contract with the identifiable person, or other cases in which it is obvious, in light of the circumstances of the acquisition of that personal data, that providing it is not contrary to the intention of the identifiable person and therefore does not harm the person's rights and interests.
Article 27, paragraph (2)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Changed
Notwithstanding the provisions of the preceding paragraph, if a business handling personal information agrees to cease to provide a third party with any personal data which can be used to identify the identifiable person, at the request of that person; the business notifies that person of the following information in advance or makes that information readily accessible to that person in advance, as provided for by Order of the Personal Information Protection Commission; and the business files a notification of this to the Commission, the business may provide that personal data to a third party; provided, however, that this does not apply to cases in which personal data which is to be provided to a third party is sensitive personal information or specified biometric personal information, has been acquired in violation of the provisions of Article 20, paragraph (1), or has been provided by another business handling personal information pursuant to the provisions of the main clause of this paragraph (including personal data all or part of which has been reproduced or processed):
Article 27, paragraph (2), item (i)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Changed
the name and address of a business handling personal information that provides personal information to a third party and, if it is a corporation, the name of its representative (or for an organization without legal personality that has made provisions for a representative or manager, the name of the representative or administrator; hereinafter the same applies in this Article, Article 30, paragraph (1), item (i), and Article 32, paragraph (1), item (i));
the fact that providing the data to the third party constitutes the purpose of use;
第三者への提供を利用目的とすること。
Article 27, paragraph (2), item (iii)(第三者提供の制限)
the details of the personal data it will provide to the third party;
第三者に提供される個人データの項目
Article 27, paragraph (2), item (iv)(第三者提供の制限)
the means or manner in which it will acquire the data it provides to the third party;
第三者に提供される個人データの取得の方法
Article 27, paragraph (2), item (v)(第三者提供の制限)
the means or manner in which it will provide the data to the third party;
第三者への提供の方法
Article 27, paragraph (2), item (vi)(第三者提供の制限)
the fact that it will cease to provide personal data that can be used to identify the identifiable person to a third party at the request of the identifiable person;
本人の求めに応じて当該本人が識別される個人データの第三者への提供を停止すること。
Article 27, paragraph (2), item (vii)(第三者提供の制限)
the means of receiving the identifiable person's request;
本人の求めを受け付ける方法
Article 27, paragraph (2), item (viii)(第三者提供の制限)
other matters prescribed by Order of the Personal Information Protection Commission as those necessary to protect individual rights and interests.
その他個人の権利利益を保護するために必要なものとして個人情報保護委員会規則で定める事項
Article 27, paragraph (3)(第三者提供の制限)
If there has been an alteration to the details set forth in item (i) of the preceding paragraph, or businesses handling personal information have ceased to provide personal data pursuant to the provisions of the preceding paragraph, the businesses must notify the identifiable person of this or make this readily accessible to the person, and notify the Personal Information Protection Commission of this, pursuant to Order of the Personal Information Protection Commission, without delay; and if the businesses seek to alter the details set forth in items (iii) through (v), item (vii), or item (viii) of that paragraph, the businesses must do so beforehand.
If a notification under paragraph (2) has been given, the Personal Information Protection Commission must disclose the details relating to the notification pursuant to Order of the Personal Information Protection Commission. The same applies to cases in which a notification under the preceding paragraph has been given.
In the following cases, a person receiving personal data is not to fall under a third party regarding applying the provisions of each preceding paragraph:
the businesses handling personal information entrusts a person with all or part of the handling of personal data within the scope necessary for achieving the purpose of use;
the personal data is provided when a person succeeds to the business due to a merger or other such circumstances;
合併その他の事由による事業の承継に伴って個人データが提供される場合
Article 27, paragraph (5), item (iii)(第三者提供の制限)
the personal data is provided to specific persons who have joint use of that data, and the business notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance.
If there has been an alteration to the name and address of the person responsible for managing the personal data or, in cases of a corporation, to the name of the representative, as provided for in item (iii) of the preceding paragraph, the business handling personal information must notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data, without delay; and if the business intends to alter a user's purpose of use or the person responsible for the management as provided for in that item, the business must do so beforehand.
Article 27, paragraph (7)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Added
When providing personal data to a third party (excluding a person set forth in each item of Article 16, paragraph (2); hereinafter the same applies in this Article, Article 29, paragraph (1), and Article 30, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to Article 31, paragraph (3))) pursuant to the provisions of the main clause of paragraph (2), a business handling personal information must confirm the following matters in advance, pursuant to Order of the Personal Information Protection Commission; provided, however, that this does not apply in cases in which all of that personal data had been open to the public, at the time when that business handling personal information acquired that personal data, by the identifiable person, a national government organ, a local government, an academic research institution or the equivalent, a person set forth in each item of Article 57, paragraph (1), or other person prescribed by Order of the Personal Information Protection Commission, or in cases prescribed by Order of the Personal Information Protection Commission as equivalent to those cases.
Article 27, paragraph (7), item (i)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Added
the name and address of the third party and, if the third party is a corporation, the name of its representative;
当該第三者の氏名又は名称及び住所並びに法人にあっては、その代表者の氏名
Article 27, paragraph (7), item (ii)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Added
the purpose of use of the personal data by the third party.
当該第三者における当該個人データの利用目的
Article 27, paragraph (8)(第三者提供の制限)(Restrictions on Provision of Personal Data to Third Parties)Added
A third party that has been asked by a business handling personal information to give confirmation under the preceding paragraph must not deceive that business handling personal information on a matter relating to the confirmation.
Article 28, paragraph (1)(外国にある第三者への提供の制限)(Restrictions on the Provision of Personal Data to Third Parties in Foreign Countries)Changed
Except cases set forth in the items of paragraph (1) of the preceding Article, before businesses handling personal information provide personal data to a third party (excluding a person that establishes a system that conforms to standards prescribed by Order of the Personal Information Protection Commission as necessary for continuously taking measures equivalent to those that a business handling personal information must take concerning the handling of personal data pursuant to the provisions of this Section (referred to as "equivalent measures" in paragraph (3)); hereinafter the same applies in this paragraph, the following paragraph and Article 31, paragraph (1), item(ii)) in a foreign country (meaning a country or region located outside the territory of Japan; hereinafter the same applies in this Article and Article 31, paragraph (1), item (ii)) () (excluding those prescribed by Order of the Personal Information Protection Commission as a foreign country that has established a personal information protection system recognized to have equivalent standards to that in Japan regarding the protection of individual rights and interests; hereinafter the same applies in this Article and Article 31, paragraph (1), item (ii)Section), the businesses must obtain an identifiable person's consent to the effect that the person approves the provision to a third party in a foreign country. In this case, the provisions of the preceding Article do not apply.
Before intending to obtain the identifiable person's consent pursuant to the provisions of the preceding paragraph, businesses handling personal information must provide that person with information on the personal information protection system of the foreign country, on the measures the third party takes for the protection of personal information, and other information that is to serve as a reference to that person, pursuant to Order of the Personal Information Protection Commission.
When having provided personal data to a third party (limited to a person establishing a system prescribed in paragraph (1)) in a foreign country, businesses handling personal information must take necessary measures to ensure continuous implementation of the equivalent measures by the third party, and provide information on the necessary measures to the identifiable person at the request of that person, pursuant to Order of the Personal Information Protection Commission.
Article 29, paragraph (1)(第三者提供に係る記録の作成等)(Preparing of Records on Provision of Personal Data to Third Parties)Changed
When having provided personal data to a third party (excluding a person set forth in each item of Article 16, paragraph (2); hereinafter the same applies in this Article and the following Article (including as applied mutatis mutandis pursuant to Article 31, paragraph (3) following the deemed replacement of terms)), , businesses handling personal information must prepare a record pursuant to Order of the Personal Information Protection Commission on the date of the provision of the personal data, the name of the third party, and other matters prescribed by Order of the Personal Information Protection Commission (or, in cases in which confirmation under Article 27, paragraph (7) has been given, those matters and the matters set forth in item (ii) of that paragraph); provided, however, that this does not apply to cases in which the provision of personal data falls under any of the items of Article 27, paragraph (1) or paragraph (5) (or any of the items of Article 27, paragraph (1), in cases of a provision of personal data under paragraph (1) of the preceding Article).
A business handling personal information must keep a record under the preceding paragraph for a period of time prescribed by Order of the Personal Information Protection Commission from the date when it prepared the record.
Confirmation on Receiving Personal Data from a Third Party(第三者提供を受ける際の確認等)
Article 30, paragraph (1)
When receiving personal data from a third party, businesses handling personal information must confirm matters set forth in the following pursuant to Order of the Personal Information Protection Commission; provided, however, that this does not apply to cases in which the provision of personal data falls under any of the items of Article 27, paragraph (1) or paragraph (5):
the name and address of the third party and, if the third party is a corporation, the name of its representative;
当該第三者の氏名又は名称及び住所並びに法人にあっては、その代表者の氏名
Article 30, paragraph (1), item (ii)
background of the acquisition of the personal data by the third party.
当該第三者による当該個人データの取得の経緯
Article 30, paragraph (2)
If a business handling personal information conducts confirmation under the preceding paragraph, a third party referred to in the preceding paragraph must not deceive the business handling personal information on a matter relating to the confirmation.
When having given confirmation under paragraph (1), a business handling personal information must prepare a record pursuant to Order of the Personal Information Protection Commission on the date when it received the personal data, matters concerning the confirmation, and other matters prescribed by Order of the Personal Information Protection Commission.
Businesses handling personal information must keep a record referred to in the preceding paragraph for a period of time prescribed by Order of the Personal Information Protection Commission from the date when it prepared the record.
Article 30-2, paragraph (1)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 20, paragraph (2), if a business handling personal information needs to handle sensitive personal information that is currently open to the public for the purpose of conducting statistical compilation or similar analysis (hereinafter referred to as the "purpose of statistical compilation or similar analysis" in this paragraph, paragraph (5), and Article 31-3, paragraph (1)) or for the purpose of making a provision under the main clause of paragraph (5) (limited to cases in which the entire purpose of handling that sensitive personal information is the purpose of statistical compilation or similar analysis or the purpose of making that provision), and has disclosed to the public, by using the internet or by other means prescribed by Order of the Personal Information Protection Commission, the name of that business handling personal information, the content of the statistical compilation or similar analysis it intends to conduct using the sensitive personal information it acquires or the fact that it will handle that sensitive personal information for the purpose of making a provision under the main clause of paragraph (5), and other matters prescribed by Order of the Personal Information Protection Commission, the business may acquire that sensitive personal information currently open to the public without obtaining the consent of the identifiable person.
Article 30-2, paragraph (2)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
A business handling personal information that has acquired sensitive personal information pursuant to the provisions of the preceding paragraph (referred to as a "special-provision acquirer of sensitive personal information" in the following paragraph, paragraph (4), and Article 72-3, paragraph (1)) must continuously disclose to the public, by the means prescribed by Order of the Personal Information Protection Commission referred to in the preceding paragraph, the matters prescribed in that paragraph (or, if those matters have been changed pursuant to the provisions of the main clause of the following paragraph or in the case referred to in the proviso to the following paragraph, those matters as changed) for the period during which it handles that sensitive personal information or information relating to a living individual produced by reproducing or processing all or part of it.
Article 30-2, paragraph (3)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
When changing the matters it discloses to the public pursuant to the provisions of the preceding paragraph, a special-provision acquirer of sensitive personal information must disclose to the public in advance, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (1), that fact and the content of the change; provided, however, that when changing the name of that special-provision acquirer of sensitive personal information or other matters prescribed by Order of the Personal Information Protection Commission, it is sufficient for it to disclose to the public that fact and the content of the change promptly after making the change, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (1).
Article 30-2, paragraph (4)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 18, a business handling personal information that handles sensitive personal information acquired pursuant to the provisions of paragraph (1) or information relating to a living individual produced by reproducing or processing all or part of it (excluding that which constitutes provided personal information, etc. for statistical compilation or similar analysis prescribed in paragraph (6); hereinafter referred to as "sensitive personal information, etc. for statistical compilation or similar analysis") must not handle that sensitive personal information, etc. for statistical compilation or similar analysis beyond the scope necessary for performing the act specified in each of the following items in accordance with the category of cases set forth in that item, except in cases based on laws and regulations and in cases in which there is an urgent need to rescue human life, provide disaster relief, or respond to any other emergency situation (hereinafter referred to as "cases based on laws and regulations, etc." in this Chapter).
Article 30-2, paragraph (4), item (i)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
if the special-provision acquirer of sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates has disclosed to the public, pursuant to the provisions of paragraph (2), the content of the statistical compilation or similar analysis it intends to conduct using the sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates (excluding the case set forth in item (iii)): statistical compilation or similar analysis of the content so disclosed;
Article 30-2, paragraph (4), item (ii)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
if the special-provision acquirer of sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates has disclosed to the public, pursuant to the provisions of paragraph (2), the fact that it will handle the sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates for the purpose of making a provision under the main clause of the following paragraph (excluding the case set forth in the following item): that provision;
Article 30-2, paragraph (4), item (iii)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
if the special-provision acquirer of sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates has disclosed to the public, pursuant to the provisions of paragraph (2), the content of the statistical compilation or similar analysis it intends to conduct using the sensitive personal information to which that sensitive personal information, etc. for statistical compilation or similar analysis relates and the fact that it will handle that sensitive personal information for the purpose of making a provision under the main clause of the following paragraph: statistical compilation or similar analysis of the content so disclosed, and that provision.
Article 30-2, paragraph (5)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 18 and Article 27, paragraph (1), if a third party (limited to a person that is a business handling personal information or an administrative organ's head or administrative entity (meaning an administrative organ's head or administrative entity prescribed in Article 63; the same applies in paragraph (9), item (ii), paragraph (12), and Article 31-3, paragraph (5), item (ii) and paragraph (8)) (if that person is a person in a foreign country, limited to a person that has established a system that conforms to standards prescribed by Order of the Personal Information Protection Commission as necessary for continuously taking measures equivalent to those that a business handling personal information, a business handling pseudonymized personal information, a business handling anonymized personal information, and a business handling information related to personal information (hereinafter referred to as a "business handling personal or other related information") must take concerning the handling of personal information, pseudonymized personal information, anonymized personal information, and information related to personal information (hereinafter referred to as "personal or other related information") pursuant to the provisions of this Chapter (those measures being referred to as "equivalent measures" in paragraph (13) and Article 31-3, paragraph (9)) (that system being referred to as a "system that conforms to standards" in paragraph (13) and Article 31-3, paragraph (9)); the same applies in paragraph (12) and Article 31-3, paragraph (8)); hereinafter the same applies in this paragraph, the following paragraph, and Article 31-3, paragraphs (1) and (2)) needs to handle personal information (including sensitive personal information, etc. for statistical compilation or similar analysis; hereinafter the same applies in this paragraph through paragraph (7), paragraph (13), and Article 72-3, paragraphs (2) and (3)) for the purpose of statistical compilation or similar analysis (limited to cases in which the entire purpose of handling that personal information is the purpose of statistical compilation or similar analysis), and the case falls under all of the following items, a business handling personal information may provide that personal information to that third party without obtaining the consent of the identifiable person; provided, however, that this does not apply if that personal information has been provided by another business handling personal information or by a business handling information related to personal information pursuant to the provisions of the main clause of this paragraph or the main clause of Article 31-3, paragraph (1) (including personal information all or part of which has been reproduced or processed).
Article 30-2, paragraph (5), item (i)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
that business handling personal information and that third party have disclosed to the public, by using the internet or by other means prescribed by Order of the Personal Information Protection Commission, the names of that business handling personal information and that third party, the content of the statistical compilation or similar analysis they intend to conduct, and other matters prescribed by Order of the Personal Information Protection Commission;
Article 30-2, paragraph (5), item (ii)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
it is clearly specified by a written agreement (including an electronic or magnetic record) with that third party that the provision is made under the main clause of this paragraph.
Article 30-2, paragraph (6)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
A third party that has received a provision of personal information pursuant to the main clause of the preceding paragraph (limited to a person that is a business handling personal information; referred to as a "special-provision recipient of personal information" in this Article and Article 72-3, paragraph (5), item (i)) must continuously disclose to the public, by the means prescribed by Order of the Personal Information Protection Commission referred to in item (i) of the preceding paragraph, the matters prescribed in that item (or, if those matters have been changed pursuant to the provisions of the main clause of the following paragraph or in the case referred to in paragraph (8), those matters as changed) for the period during which it handles that personal information or information relating to a living individual produced by reproducing or processing all or part of it (hereinafter referred to as "provided personal information, etc. for statistical compilation or similar analysis").
Article 30-2, paragraph (7)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
A special-provision recipient of personal information may change the matters disclosed to the public pursuant to the provisions of the preceding paragraph only if both that special-provision recipient of personal information and the business handling personal information that provided personal information to that special-provision recipient of personal information pursuant to the main clause of paragraph (5) disclose to the public in advance, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (5), item (i), that those matters will be changed and the content of the change; provided, however, that this does not apply when changing the name of that special-provision recipient of personal information or other matters prescribed by Order of the Personal Information Protection Commission.
Article 30-2, paragraph (8)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
In the case referred to in the proviso to the preceding paragraph, the special-provision recipient of personal information must, promptly after making the change, disclose to the public, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (5), item (i), that it has made the change and the content of the change.
Article 30-2, paragraph (9)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 18, a business handling personal information that handles provided personal information, etc. for statistical compilation or similar analysis must not handle that provided personal information, etc. for statistical compilation or similar analysis beyond the scope necessary for conducting the statistical compilation or similar analysis specified in each of the following items in accordance with the category of cases set forth in that item, except in cases based on laws and regulations, etc.
Article 30-2, paragraph (9), item (i)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
if the provision under the main clause of paragraph (5) to which that provided personal information, etc. for statistical compilation or similar analysis relates was made to a special-provision recipient of personal information: statistical compilation or similar analysis of the content which that special-provision recipient of personal information discloses to the public pursuant to the provisions of paragraph (6);
Article 30-2, paragraph (9), item (ii)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
if the provision under the main clause of paragraph (5) to which that provided personal information, etc. for statistical compilation or similar analysis relates was made to an administrative organ's head or administrative entity: statistical compilation or similar analysis of the content which that administrative organ's head or administrative entity discloses to the public pursuant to the provisions of Article 72-3, paragraph (2).
Article 30-2, paragraph (10)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 27, paragraphs (1) and (2) and Article 28, paragraph (1), a business handling personal information that handles sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis must not provide personal data that constitutes that sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis to a third party, except in the following cases. In this case, the phrase "is not to fall under a third party regarding applying the provisions of each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "(limited to a person that is a business handling personal information or an administrative organ's head or administrative entity prescribed in Article 63 (limited, if such a person is a person in a foreign country prescribed in paragraph (1) of the following Article, to a person that has established a system that conforms to standards prescribed in Article 30-2, paragraph (5))) is not to fall under a third party regarding applying the provisions of Article 30-2, paragraph (10)"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of that paragraph is deemed to be replaced with "discloses this to the public in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; the phrase "notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data" in paragraph (6) of that Article is deemed to be replaced with "disclose this to the public"; the phrase "any of the items of Article 27, paragraph (1) or paragraph (5) (or any of the items of Article 27, paragraph (1), in cases of a provision of personal data under paragraph (1) of the preceding Article)" in the proviso to Article 29, paragraph (1) is deemed to be replaced with "a case based on laws and regulations, etc. prescribed in Article 30-2, paragraph (4) or any of the items of Article 27, paragraph (5)"; and the phrase "any of the items of Article 27, paragraph (1) or paragraph (5)" in the proviso to Article 30, paragraph (1) is deemed to be replaced with "a case based on laws and regulations, etc. prescribed in paragraph (4) of the following Article or any of the items of Article 27, paragraph (5)".
Article 30-2, paragraph (10), item (i)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
cases based on laws and regulations, etc.;
法令に基づく場合等
Article 30-2, paragraph (10), item (ii)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
cases in which that business handling personal information has acquired sensitive personal information pursuant to the provisions of paragraph (1) and has disclosed to the public, pursuant to the provisions of paragraph (2), the fact that it will handle that sensitive personal information for the purpose of making a provision under the main clause of paragraph (5), and that business handling personal information provides the sensitive personal information, etc. for statistical compilation or similar analysis relating to that sensitive personal information pursuant to the main clause of paragraph (5).
Article 30-2, paragraph (11)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
Notwithstanding the provisions of Article 31, paragraph (1), a business handling personal information that handles sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis must not provide that sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis (excluding those that constitute personal data; the same applies in the following paragraph) to a third party, except in the cases set forth in the items of the preceding paragraph.
Article 30-2, paragraph (12)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
The provisions of Article 27, paragraphs (5) and (6) apply mutatis mutandis to a person receiving the provision of sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis (limited to a person that is a business handling personal information or an administrative organ's head or administrative entity). In this case, the phrase "each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "Article 30-2, paragraph (11)"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of that paragraph is deemed to be replaced with "discloses this to the public in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; and the phrase "notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data" in paragraph (6) of that Article is deemed to be replaced with "disclose this to the public".
Article 30-2, paragraph (13)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
A business handling personal information that has provided personal information pursuant to the main clause of paragraph (5) to a third party in a foreign country that has established a system that conforms to standards, or has provided sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis to that third party, must take necessary measures to ensure continuous implementation of the equivalent measures by that third party, and disclose information on those necessary measures to the public, pursuant to Order of the Personal Information Protection Commission. In this case, the provisions of Article 28, paragraph (3) do not apply.
Article 30-2, paragraph (14)(個人情報に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Personal InformationAdded
The provisions of Articles 23 through 25 apply mutatis mutandis to the handling of sensitive personal information, etc. for statistical compilation or similar analysis or provided personal information, etc. for statistical compilation or similar analysis (excluding those that constitute personal data) by a business handling personal information, and the provisions of the main clause of Article 29, paragraph (1) and paragraph (2) of that Article apply mutatis mutandis to cases in which a business handling personal information provides sensitive personal information, etc. for statistical compilation or similar analysis (limited to that which constitutes information related to personal information prescribed in Article 31, paragraph (1)) to a special-provision recipient of personal information pursuant to the main clause of paragraph (5) (limited to cases in which it is assumed that the special-provision recipient of personal information acquires that sensitive personal information, etc. for statistical compilation or similar analysis as personal data). In this case, the phrase "leaking, loss or damage" in Article 23 is deemed to be replaced with "leaking".
Article 30-3, paragraph (1)(受託者である個人情報取扱事業者の義務)Obligations of a Business Handling Personal Information as an Entrusted PersonAdded
A business handling personal information that has been entrusted by another business handling personal information or an administrative entity with all or part of the handling of personal information (including entrustment through two or more tiers) must not, except in cases based on laws and regulations, etc., handle the personal information whose handling it has been entrusted with (excluding that which constitutes information related to personal information for that business handling personal information) beyond the scope necessary for the performance of the entrusted services.
Article 31, paragraph (1)(個人関連情報の第三者提供の制限等)(Restrictions on the Provision of Information Related to Personal Information to Third Parties)Changed
Except cases set forth in each item of Article 27, paragraph (1), if it is assumed that a third party acquires information related to personal information (limited to those compiled in a database or the equivalent of information related to personal information; hereinafter the same applies in this Chapterparagraph and Chapter VIthe following paragraph) as personal data, businesses handling information related to personal information must not provide the information related to personal information to the third party without confirming the matters set forth as follows pursuant to Order of the Personal Information Protection Commission:
the identifiable person's consent to the effect that the person approves of the third party acquiring information related to personal information as personal data that can identify the person from the business handling information related to personal information, has been obtained;
for provision to a third party in a foreign country, before the businesses obtain the identifiable person's consent referred to in the preceding item, information on the personal information protection system of the foreign country, information on the measures the third party takes for the protection of personal information, and other information that serves as a reference to the person, has been provided in advance to the person pursuant to Order of the Personal Information Protection Commission.
The provisions of Article 28, paragraph (3) apply mutatis mutandis to cases in which a business handling information related to personal information provides information related to personal information pursuant to the provisions of the preceding paragraph. In this case, the phrase ", and provide information on the necessary measures to the identifiable person at the request of that person," in Article 28, paragraph (3) is deemed to be replaced with ",".
Article 31, paragraph (3)(個人関連情報の第三者提供の制限等)(Restrictions on the Provision of Information Related to Personal Information to Third Parties)Changed
The provisions of Article 30, paragraphs (2) through (4) of the preceding Article apply mutatis mutandis to cases in which a business handling information related to personal information conducts confirmation pursuant to the provisions of paragraph (1). In this case, the phrase "received" in paragraph (3) of the precedingthat Article is deemed to be replaced with "provided."
Article 31-2, paragraph (1)(連絡可能個人関連情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Contact-Enabling Information Related to Personal InformationAdded
A business handling information related to personal information must not utilize contact-enabling information related to personal information in a way that there is a possibility of fomenting or inducing unlawful or unjust act.
Article 31-2, paragraph (2)(連絡可能個人関連情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Contact-Enabling Information Related to Personal InformationAdded
A business handling information related to personal information must not acquire contact-enabling information related to personal information by deception or other wrongful means.
個人関連情報取扱事業者は、偽りその他不正の手段により連絡可能個人関連情報を取得してはならない。
Article 31-3第三十一条の三Caption added
Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third Parties
Article 31-3, paragraph (1)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
Notwithstanding the provisions of Article 31, paragraph (1) (limited to the part relating to item (i)), if a third party needs to handle information related to personal information for the purpose of statistical compilation or similar analysis (limited to cases in which the entire purpose of handling that information related to personal information is the purpose of statistical compilation or similar analysis), and the case falls under all of the following items, a business handling information related to personal information may provide that information related to personal information to that third party without confirming the matter set forth in Article 31, paragraph (1), item (i); provided, however, that this does not apply if that information related to personal information has been provided by a business handling personal information or by another business handling information related to personal information pursuant to the provisions of the main clause of Article 30-2, paragraph (5) or the main clause of this paragraph (including information all or part of which has been reproduced or processed).
Article 31-3, paragraph (1), item (i)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
that business handling information related to personal information and that third party have disclosed to the public, by using the internet or by other means prescribed by Order of the Personal Information Protection Commission, the names of that business handling information related to personal information and that third party, the content of the statistical compilation or similar analysis they intend to conduct, and other matters prescribed by Order of the Personal Information Protection Commission;
Article 31-3, paragraph (1), item (ii)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
it is clearly specified by a written agreement (including an electronic or magnetic record) with that third party that the provision is made under the main clause of this paragraph.
Article 31-3, paragraph (2)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
A third party that has received a provision of information related to personal information pursuant to the main clause of the preceding paragraph and acquired it as personal data (limited to a person that is a business handling personal information; referred to as a "special-provision recipient of information related to personal information" in this Article and Article 72-3, paragraph (9), item (i)) must continuously disclose to the public, by the means prescribed by Order of the Personal Information Protection Commission referred to in item (i) of the preceding paragraph, the matters prescribed in that item (or, if those matters have been changed pursuant to the provisions of the main clause of the following paragraph or in the case referred to in paragraph (4), those matters as changed) for the period during which it handles that information related to personal information or information relating to a living individual produced by reproducing or processing all or part of it (hereinafter referred to as "provided personal data, etc. for statistical compilation or similar analysis").
Article 31-3, paragraph (3)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
A special-provision recipient of information related to personal information may change the matters disclosed to the public pursuant to the provisions of the preceding paragraph only if both that special-provision recipient of information related to personal information and the business handling information related to personal information that provided information related to personal information to that special-provision recipient of information related to personal information pursuant to the main clause of paragraph (1) disclose to the public in advance, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (1), item (i), that those matters will be changed and the content of the change; provided, however, that this does not apply when changing the name of that special-provision recipient of information related to personal information or other matters prescribed by Order of the Personal Information Protection Commission.
Article 31-3, paragraph (4)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
In the case referred to in the proviso to the preceding paragraph, the special-provision recipient of information related to personal information must, promptly after making the change, disclose to the public, by the means prescribed by Order of the Personal Information Protection Commission referred to in paragraph (1), item (i), that it has made the change and the content of the change.
Article 31-3, paragraph (5)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
Notwithstanding the provisions of Article 18, a business handling personal information that handles provided personal data, etc. for statistical compilation or similar analysis must not handle that provided personal data, etc. for statistical compilation or similar analysis beyond the scope necessary for conducting the statistical compilation or similar analysis specified in each of the following items in accordance with the category of cases set forth in that item, except in cases based on laws and regulations, etc.
Article 31-3, paragraph (5), item (i)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
if the provision under the main clause of paragraph (1) to which that provided personal data, etc. for statistical compilation or similar analysis relates was made to a special-provision recipient of information related to personal information: statistical compilation or similar analysis of the content which that special-provision recipient of information related to personal information discloses to the public pursuant to the provisions of paragraph (2);
Article 31-3, paragraph (5), item (ii)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
if the provision under the main clause of paragraph (1) to which that provided personal data, etc. for statistical compilation or similar analysis relates was made to an administrative organ's head or administrative entity: statistical compilation or similar analysis of the content which that administrative organ's head or administrative entity discloses to the public pursuant to the provisions of Article 72-3, paragraph (6).
Article 31-3, paragraph (6)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
Notwithstanding the provisions of Article 27, paragraphs (1) and (2) and Article 28, paragraph (1), a business handling personal information that handles provided personal data, etc. for statistical compilation or similar analysis must not provide personal data that constitutes that provided personal data, etc. for statistical compilation or similar analysis to a third party, except in cases based on laws and regulations, etc. In this case, the phrase "is not to fall under a third party regarding applying the provisions of each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "(limited to a person that is a business handling personal information or an administrative organ's head or administrative entity prescribed in Article 63 (limited, if such a person is a person in a foreign country prescribed in paragraph (1) of the following Article, to a person that has established a system that conforms to standards prescribed in Article 30-2, paragraph (5))) is not to fall under a third party regarding applying the provisions of Article 31-3, paragraph (6)"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of that paragraph is deemed to be replaced with "discloses this to the public in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; the phrase "notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data" in paragraph (6) of that Article is deemed to be replaced with "disclose this to the public"; the phrase "any of the items of Article 27, paragraph (1) or paragraph (5) (or any of the items of Article 27, paragraph (1), in cases of a provision of personal data under paragraph (1) of the preceding Article)" in the proviso to Article 29, paragraph (1) is deemed to be replaced with "a case based on laws and regulations, etc. prescribed in Article 30-2, paragraph (4) or any of the items of Article 27, paragraph (5)"; and the phrase "any of the items of Article 27, paragraph (1) or paragraph (5)" in the proviso to Article 30, paragraph (1) is deemed to be replaced with "a case based on laws and regulations, etc. prescribed in paragraph (4) of the following Article or any of the items of Article 27, paragraph (5)".
Article 31-3, paragraph (7)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
Notwithstanding the provisions of Article 31, paragraph (1), a business handling personal information that handles provided personal data, etc. for statistical compilation or similar analysis must not provide that provided personal data, etc. for statistical compilation or similar analysis (excluding that which constitutes personal data; the same applies in the following paragraph) to a third party, except in cases based on laws and regulations, etc.
Article 31-3, paragraph (8)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
The provisions of Article 27, paragraphs (5) and (6) apply mutatis mutandis to a person receiving the provision of provided personal data, etc. for statistical compilation or similar analysis (limited to a person that is a business handling personal information or an administrative organ's head or administrative entity). In this case, the phrase "each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "Article 31-3, paragraph (7)"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of that paragraph is deemed to be replaced with "discloses this to the public in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; and the phrase "notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data" in paragraph (6) of that Article is deemed to be replaced with "disclose this to the public".
Article 31-3, paragraph (9)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
A business handling information related to personal information that has provided information related to personal information pursuant to the main clause of paragraph (1) to a third party in a foreign country that has established a system that conforms to standards, or a business handling personal information that has provided provided personal data, etc. for statistical compilation or similar analysis to that third party, must take necessary measures to ensure continuous implementation of the equivalent measures by that third party, and disclose information on those necessary measures to the public, pursuant to Order of the Personal Information Protection Commission. In this case, the provisions of Article 28, paragraph (3) do not apply.
Article 31-3, paragraph (10)(個人関連情報の第三者提供に係る統計作成等の特例)Special Provisions on Statistical Compilation or Similar Analysis Relating to Provision of Information Related to Personal Information to Third PartiesAdded
The provisions of Articles 23 through 25 apply mutatis mutandis to the handling of provided personal data, etc. for statistical compilation or similar analysis (excluding that which constitutes personal data) by a business handling personal information, and the provisions of the main clause of Article 29, paragraph (1) and paragraph (2) of that Article apply mutatis mutandis to cases in which a business handling information related to personal information provides information related to personal information to a special-provision recipient of information related to personal information pursuant to the main clause of paragraph (1). In this case, the phrase "leaking, loss or damage" in Article 23 is deemed to be replaced with "leaking".
Businesses handling personal information must make the following information about the personal data they hold accessible to identifiable persons (making that information accessible includes providing answers without delay as requested by identifiable persons):
the purpose of use of all personal data the business holds (excluding cases falling under Article 21, paragraph (4), items (i) through (iii));
全ての保有個人データの利用目的(第二十一条第四項第一号から第三号までに該当する場合を除く。)
Article 32, paragraph (1), item (iii)(保有個人データに関する事項の公表等)(Disclosure of Information about the Personal Data a Business Holds)Changed
the procedures for responding to a request under the following paragraph,for disclosure or to a request under paragraph (1) of the following Article (including as applied mutatis mutandis pursuant to paragraph (5) of that Article); Article 34, paragraph (1); orother handling prescribed in Article 3537, paragraph (1), paragraph (3), or paragraph (5) ( (including the amount of the fee, if one a fee is setcollected pursuant to the provisions of Article 38, paragraph (21));
beyond what is set forth in the preceding three items, those prescribed by Cabinet Order as matters necessary to ensure the proper handling of personal data the business holds.
前三号に掲げるもののほか、保有個人データの適正な取扱いの確保に関し必要な事項として政令で定めるもの
Article 32, paragraph (2)(保有個人データに関する事項の公表等)
If an identifiable person requests that a business handling personal information notify that person of the purpose of use of the personal data the business holds that can be used to identify that person, the business must notify the person of this without delay; provided, however, that this does not apply in a case falling under one of the following items:
the purpose of use of the personal data the business holds that can be used to identify the identifiable person has been made clear pursuant to the provisions of the preceding paragraph;
cases falling under Article 21, paragraph (4), items (i) through (iii).
第二十一条第四項第一号から第三号までに該当する場合
Article 32, paragraph (3)(保有個人データに関する事項の公表等)
If a business handling personal information decides not to notify the identifiable person of the purpose of use of the personal data the business holds as requested pursuant to the preceding paragraph, the business must notify the identifiable person of this without delay.
An identifiable person may request that a business handling personal information disclose personal data the business holds that can identify that person through electronic or magnetic records or other means as prescribed by Order of the Personal Information Protection Commission.
When having received a request under the preceding paragraph, a business handling personal information must disclose personal data the business holds to an identifiable person without delay by means that person requests pursuant to the provisions of that paragraph (or by paper-based document, in cases in which disclosing the data by that means would prove difficult because it would require a costly expenditure or prove otherwise difficultdue to other circumstances); provided, however, that in cases in which disclosing that data falls under any of each following, all or a part of it may not be disclosed:
if disclosure is likely to harm the life, wellbeing, property, or other rights or interests of the identifiable person or a third party;
本人又は第三者の生命、身体、財産その他の権利利益を害するおそれがある場合
Article 33, paragraph (2), item (ii)(開示)
if disclosure is likely to seriously interfere with the proper implementation of the business of the business handling personal information;
当該個人情報取扱事業者の業務の適正な実施に著しい支障を及ぼすおそれがある場合
Article 33, paragraph (2), item (iii)(開示)
if disclosure would violate any other law or regulation.
他の法令に違反することとなる場合
Article 33, paragraph (3)(開示)
If a business handling personal information decides not to disclose all or part of the personal data the business holds as requested pursuant to the provisions of paragraph (1), if that data does not exist, or if it is difficult to disclose that data by the means the identifiable person requests pursuant to the provisions of that paragraph, the business must notify that person of this without delay.
If, pursuant to the provisions of any other law or regulation, all or part of the personal data an business holds that can be used to identify an identifiable person is to be disclosed to the identifiable person by a means equivalent to what is prescribed in the main clause of paragraph (2), the provisions of paragraphs (1) and (2) do not apply to either the whole or the relevant part of the personal data the business holds.
The provisions of paragraphs (1) through (3) apply mutatis mutandis to records referred to in Article 29, paragraph (1) and Article 30, paragraph (3) that is related to personal data that can be used to identify the identifiable person (excluding those prescribed by Cabinet Order as likely to harm the public or other interests if its existence or non-existence is made clear; referred to as a "record of provision to a third party" in Article 37, paragraph (2)).
If the content of personal data a business holds that can be used to identify the identifiable person is not factual, the person may request that the business handling personal information make a correction, addition, or deletion (hereinafter referred to as a "correction" in this Article) on the content of the personal data the business holds.
Except in cases in which special procedures concerning correction of the content is prescribed by the provisions of other laws or regulations, when a business handling personal information has been requested to make a correction pursuant to the provisions of the preceding paragraph, the business must conduct necessary investigation without delay to the extent necessary to achieve the purpose of use, and based on its result, make corrections to the contents of the personal data the business holds.
If a business handling personal information has made a correction to all or part of the contents of the personal data the business holds in connection with a request under paragraph (1), or has made a decision not to make a correction, the business must notify the identifiable person to that effect without delay (including the content of a correction, if the business has made it).
Article 35, paragraph (1)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
Identifiable persons may request that a business handling personal information cease to use or delete the personal data the business holds that can be used to identify that person (hereinafter referred to as a "ceasing to use or deleting personal data" in this Article), if the personal data the business holds is being handled in violation of the provisions of Article 18 or, Article 19, Article 30-2, paragraph (4) or (9), Article 30-3, or Article 31-3, paragraph (5), or has been obtained in violation of the provisions of Article 20.
Article 35, paragraph (2)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
If a business handling personal information has received a request under the preceding paragraph, and there are found to be grounds for that request, the business must cease to use or delete the personal data the business holds to the extent necessary to redress the violation without delay; provided, however, that this does not apply if ceasing to use or deleting the personal data the business holds would prove difficult because it would require a costly expenditure or prove otherwise difficultdue to other circumstances, and the businesses take the necessary alternative measures to protect the rights and interests of the identifiable person.
Article 35, paragraph (3)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
Identifiable persons may request that a business handling personal information cease to provide a third party with the personal data the business holds that can be used to identify the person, if the personal data the business holds is being provided to a third party in violation of the provisions of Article 27, paragraph (1), Article 28, Article 30-2, paragraph (10), or Article 2831-3, paragraph (6).
Article 35, paragraph (4)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
If a business handling personal information has received a request under the preceding paragraph, and there are found to be grounds for that request, the business must cease to provide a third party with the personal data the business holds without delay; provided, however, that this does not apply if ceasing to provide a third party with the personal data the business holds would prove difficult because it would require a costly expenditure or prove otherwise difficultdue to other circumstances, and the businesses take the necessary alternative measures to protect an identifiable person's rights and interests.
An identifiable person may request that a business handling personal information cease to use or delete the personal data the business holds that can be used to identify the person, or cease to provide a third party with the personal data the business holds, if it has ceased to be necessary for the business to use that personal data, if the situation concerning that personal data as prescribed in the main text of Article 26, paragraph (1) has occurred, or if handling that personal data is likely to harm the identifiable person's rights and interests.
Article 35, paragraph (6)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
If a business handling personal information has received a request under the preceding paragraph, and there are found to be grounds for that request, the business must cease to use or delete the personal data the business holds, or cease to provide a third party with the data the business holds to the extent necessary to prevent an infringement of the identifiable person's rights and interests without delay; provided, however, that this does not apply if ceasing to use or deleting the personal data the business holds or ceasing to provide a third-party with that personal data would prove difficult because it would require a costly expenditure or prove otherwise difficultdue to other circumstances, and the businesses take the necessary alternative measures to protect the identifiable person's rights and interests.
Article 35, paragraph (7)(利用停止等)(Ceasing to Use or Deleting Personal Data)Changed
If An identifiable person may request that a business handling personal information have ceasedcease to use or deleteddelete, or decided not to cease to use or delete all or part of personal data the business holds in connection withprovide a request under paragraph (1) or (5), or third party with, the business has ceased to provide a third party or decided not to ceasespecified biometric personal information that can be used to provide a third party with all or part ofidentify that person (limited to that included in the personal data the business holds in connection with a request under paragraph (3) or (5), the business must notify), if that specified biometric personal information is being handled, except in the identifiable person to that effect without delay.following cases:
Article 35, paragraph (7), item (i)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information has created the specified biometric individual identification code included in that specified biometric personal information with the consent of the identifiable person obtained in advance;
Article 35, paragraph (7), item (ii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information has acquired that specified biometric personal information with the consent of the identifiable person obtained in advance;
当該個人情報取扱事業者があらかじめ当該本人の同意を得て当該特定生体個人情報を取得した場合
Article 35, paragraph (7), item (iii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information handles that specified biometric personal information based on laws and regulations;
当該個人情報取扱事業者が法令に基づいて当該特定生体個人情報を取り扱う場合
Article 35, paragraph (7), item (iv)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information needs to handle that specified biometric personal information in order to protect the life, wellbeing, or property of an individual;
Article 35, paragraph (7), item (v)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which there is a special need for the business handling personal information to handle that specified biometric personal information in order to improve public wellbeing or promote healthy child development;
Article 35, paragraph (7), item (vi)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information needs to handle that specified biometric personal information in order to cooperate with a national government organ, a local government, or a person entrusted thereby in the performance of the functions prescribed by laws and regulations;
Article 35, paragraph (7), item (vii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information is an academic research institution or the equivalent, and needs to handle that specified biometric personal information for academic research purposes (including cases in which a part of the purpose of handling that specified biometric personal information is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
Article 35, paragraph (7), item (viii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information that conducts academic research jointly with an academic research institution or the equivalent has acquired that specified biometric personal information from that academic research institution or the equivalent, or in which a specified biometric individual identification code created by converting information that the business handling personal information conducting academic research jointly with an academic research institution or the equivalent has acquired from that academic research institution or the equivalent is included in that specified biometric personal information, and the business needs to handle that specified biometric personal information for academic research purposes (including cases in which a part of the purpose of handling that specified biometric personal information is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
Article 35, paragraph (7), item (ix)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases prescribed by Order of the Personal Information Protection Commission as cases in which it is obvious that handling that specified biometric personal information by the business handling personal information is unavoidably necessary for the performance of the contract with the identifiable person, or other cases in which it is obvious, in light of the circumstances of the creation of the specified biometric individual identification code included in that specified biometric personal information or the circumstances of the acquisition of that specified biometric personal information, that handling it by the business handling personal information is not contrary to the intention of the identifiable person and therefore does not harm the person's rights and interests;
Article 35, paragraph (7), item (x)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
other cases prescribed by Cabinet Order as equivalent to the cases set forth in each preceding item.
その他前各号に掲げる場合に準ずるものとして政令で定める場合
Article 35, paragraph (8)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
If a business handling personal information has received a request under the preceding paragraph, and there are found to be grounds for that request, the business must cease to use or delete that specified biometric personal information, or cease to provide it to a third party, without delay; provided, however, that this does not apply if ceasing to use or deleting that specified biometric personal information or ceasing to provide it to a third party would prove difficult because it would require a costly expenditure or due to other circumstances, and the business takes the necessary alternative measures to protect the identifiable person's rights and interests.
Article 35, paragraph (9)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
An identifiable person under 16 years of age may request that a business handling personal information cease to use or delete, or cease to provide a third party with, the personal data the business holds that can be used to identify that person, if that personal data the business holds is being handled, except in the following cases:
Article 35, paragraph (9), item (i)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information has acquired that personal data the business holds with the consent of the legal representative of the identifiable person obtained in advance;
当該個人情報取扱事業者があらかじめ当該本人の法定代理人の同意を得て当該保有個人データを取得した場合
Article 35, paragraph (9), item (ii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information handles that personal data the business holds based on laws and regulations;
当該個人情報取扱事業者が法令に基づいて当該保有個人データを取り扱う場合
Article 35, paragraph (9), item (iii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information needs to handle that personal data the business holds in order to protect the life, wellbeing, or property of an individual;
Article 35, paragraph (9), item (iv)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which there is a special need for the business handling personal information to handle that personal data the business holds in order to improve public wellbeing or promote healthy child development;
Article 35, paragraph (9), item (v)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information needs to handle that personal data the business holds in order to cooperate with a national government organ, a local government, or a person entrusted thereby in the performance of the functions prescribed by laws and regulations;
Article 35, paragraph (9), item (vi)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information is an academic research institution or the equivalent, and needs to handle that personal data the business holds for academic research purposes (including cases in which a part of the purpose of handling that personal data the business holds is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
Article 35, paragraph (9), item (vii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the business handling personal information that conducts academic research jointly with an academic research institution or the equivalent has acquired that personal data the business holds from that academic research institution or the equivalent, and needs to handle that personal data the business holds for academic research purposes (including cases in which a part of the purpose of handling that personal data the business holds is for academic research purposes, and excluding cases in which there is a risk of unjustly infringing on individual rights and interests);
Article 35, paragraph (9), item (viii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases prescribed by Order of the Personal Information Protection Commission as cases in which it is obvious that handling that personal data the business holds by the business handling personal information is unavoidably necessary for the performance of the contract with the identifiable person, or other cases in which it is obvious, in light of the circumstances of the acquisition of that personal data the business holds, that handling it by the business handling personal information does not harm the rights and interests of the identifiable person under 16 years of age;
Article 35, paragraph (9), item (ix)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which that personal data the business holds had been open to the public, at the time when the business handling personal information acquired it, by the legal representative of the identifiable person, a national government organ, a local government, an academic research institution or the equivalent, a person set forth in each item of Article 57, paragraph (1), or other person prescribed by Order of the Personal Information Protection Commission;
Article 35, paragraph (9), item (x)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the legal representative of the identifiable person had permitted the identifiable person to engage in business, and the business handling personal information acquired that personal data the business holds in connection with that business;
Article 35, paragraph (9), item (xi)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
cases in which the identifiable person had used fraudulent means to make the business handling personal information believe that the identifiable person was 16 years of age or older;
Article 35, paragraph (9), item (xii)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
other cases prescribed by Cabinet Order as equivalent to the cases set forth in each preceding item.
その他前各号に掲げる場合に準ずるものとして政令で定める場合
Article 35, paragraph (10)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
If a business handling personal information has received a request under the preceding paragraph, and there are found to be grounds for that request, the business must cease to use or delete the personal data the business holds, or cease to provide a third party with the data the business holds without delay; provided, however, that this does not apply if ceasing to use or deleting the personal data the business holds or ceasing to provide a third-party with that personal data would prove difficult because it would require a costly expenditure or due to other circumstances, and the businesses take the necessary alternative measures to protect the rights and interests of the identifiable person under 16 years of age.
Article 35, paragraph (11)(利用停止等)(Ceasing to Use or Deleting Personal Data)Added
If a business handling personal information have ceased to use or deleted, or decided not to cease to use or delete all or part of personal data the business holds or specified biometric personal information in connection with a request under paragraph (1), (5), (7), or (9), or the business has ceased to provide a third party or decided not to cease to provide a third party with all or part of personal data the business holds or specified biometric personal information in connection with a request under paragraph (3), (5), (7), or (9), the business must notify the identifiable person to that effect without delay.
Article 36, paragraph (1)(理由の説明)(Explanation of Reasons)Changed
If, pursuant to the provisions of Article 32, paragraph (3), Article 33, paragraph (3) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article); Article 34, paragraph (3) or paragraph (711) of the preceding Article, a business handling personal information notifies an identifiable person that it will not take all or part of the measures which the person has requested the business take, or that it will take different measures, the business must endeavor to explain its reasons for this to the person.
Article 37, paragraph (1)(開示等の請求等に応じる手続)(Procedures for Dealing with Requests for Disclosure and Other Handling)Changed
As regards a request under Article 32, paragraph (2), or a request under Article 33, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article; the same applies in paragraph (1) of the following Article and Article 39), Article 34, paragraph (1), Article 35, paragraph (1), (3), (5), (7), or (59) (hereinafter referred to as a "request for disclosure or other handling" in this Article and Article 54, paragraph (1)Chapter), a business handling personal information may decide on a method of receiving a request as prescribed by Cabinet Order. In such a case, an identifiable person must request disclosure or other handling in that way.
Article 37, paragraph (2)(開示等の請求等に応じる手続)(Procedures for Dealing with Requests for Disclosure and Other Handling)Changed
A business handling personal information may request an identifiable person requesting disclosure or other handling to present sufficient information to identify the personal data the business holds or the specified biometric personal information, or the record of provision to a third party, that would be subject to the disclosure or other handling. In such a case, the business handling personal information must provide information to help the person identify the relevant personal data the business holds or the relevant specified biometric personal information, or the relevant record of provision to a third party, or take other appropriate measures in consideration of the identifiable person's convenience, so as to allow the person to easily and accurately request disclosure or other handling.
Article 37, paragraph (3)(開示等の請求等に応じる手続)(Procedures for Dealing with Requests for Disclosure and Other Handling)Changed
A person may request disclosure legal representative of a minor or other handling throughadult ward, or an agent, as prescribed privately appointed by the identifiable person or any other agent specified by Cabinet Order may make a request for disclosure or other handling on behalf of the identifiable person.
In establishing procedures for dealing with requests for disclosure and other handling pursuant to the preceding three paragraphs, a business handling personal information must take care to ensure that the procedures do not impose an excessive burden on identifiable persons.
If a business handling personal information receives a request for a notification of the purpose of use under Article 32, paragraph (2) or a request for disclosure under Article 33, paragraph (1), it may collect a fee for taking the relevant measures.
If a business handling personal information collects a fee pursuant to the provisions of the preceding paragraph, it must fix the amount of that fee within a scope that can be considered reasonable in consideration of actual costs.
Article 39, paragraph (1)(事前の請求)(Requests in Advance)Changed
When seeking to file a lawsuit in connection with a request under Article 33, paragraph (1), Article 34, paragraph (1), or Article 35, paragraph (1), (3), (5), (7), or (59), the identifiable person may not file the lawsuit unless the identifiable person had previously issued a request against a person who should become a defendant in the lawsuit and two weeks have elapsed since the arrival day of the issued request; provided, however, that this does not apply if the person who should become a defendant in the lawsuit has rejected the request.
A request under the preceding paragraph is deemed as having been arrived at the time when it should have normally been arrived.
前項の請求は、その請求が通常到達すべきであった時に、到達したものとみなす。
Article 39, paragraph (3)(事前の請求)(Requests in Advance)Changed
The provisions of the preceding two paragraphs apply mutatis mutandis to a petition for a provisional disposition order in connection with a request under Article 33, paragraph (1), Article 34, paragraph (1), or Article 35, paragraph (1), (3), (5), (7), or (59).
Article 40, paragraph (1)(個人情報取扱事業者による苦情の処理)(Complaint Processing by Businesses Handling Personal Information)Changed
A business handling personal information must endeavor to process complaints about the handling of personal information, sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, and provided personal data, etc. for statistical compilation or similar analysis appropriately and promptly.
A business handling personal information must endeavor to establish the necessary systems for achieving the purpose referred to in the preceding paragraph.
個人情報取扱事業者は、前項の目的を達成するために必要な体制の整備に努めなければならない。
Article 40-2第四十条の二Caption added
Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of Age
Article 40-2, paragraph (1)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
With regard to applying the provisions of Article 18, Article 20, paragraph (2), Article 21, Article 21-2, paragraph (1), Article 26, paragraph (2), Article 27, Article 28, Article 30-2, paragraphs (1) and (5), Article 32, paragraph (1), and Article 35, paragraph (7) to personal information of a person under 16 years of age when a business handling personal information handles that personal information (excluding the following cases), the phrase "the identifiable person" in those provisions (excluding the provisions of Article 18, paragraph (3), item (vii), Article 20, paragraph (2), item (vii), Article 21, paragraph (2) and paragraph (4), item (i), the proviso to Article 26, paragraph (2), Article 27, paragraph (1), item (viii) and paragraph (2), Article 28, paragraph (3), and the part of Article 35, paragraph (7) other than its items, and item (ix) of that paragraph) is deemed to be replaced with "the legal representative of the identifiable person"; the phrase "is not contrary to the intention of the identifiable person and therefore does not harm the person's rights and interests" in Article 18, paragraph (3), item (vii), Article 20, paragraph (2), item (vii), Article 27, paragraph (1), item (viii), and Article 35, paragraph (7), item (ix) is deemed to be replaced with "does not harm the identifiable person's rights and interests"; the phrases "to the identifiable person" in Article 21, paragraph (2) and "notifying the identifiable person" in paragraph (4), item (i) of that Article are deemed to be replaced with "to the legal representative of the identifiable person" and "notifying the legal representative of the identifiable person" respectively; the phrase "the identifiable person" in the proviso to Article 26, paragraph (2) is deemed to be replaced with "the legal representative of the identifiable person"; the phrase "at the request of that person" in Article 27, paragraph (2) is deemed to be replaced with "at the request of that person or that person's legal representative", the phrase "the business notifies that person" in that paragraph is deemed to be replaced with "the business notifies the legal representative of that person", and the phrase "or makes that information readily accessible to that person" in that paragraph is deemed to be replaced with "or makes that information readily accessible to the legal representative of that person"; and the phrase "to the identifiable person at the request of that person" in Article 28, paragraph (3) is deemed to be replaced with "to the identifiable person or that person's legal representative at the request of the identifiable person or that person's legal representative".
Article 40-2, paragraph (1), item (i)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which there is a legitimate reason for the business handling personal information not knowing that the personal information is that of a person under 16 years of age;
Article 40-2, paragraph (1), item (ii)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which the legal representative of the identifiable person has permitted the identifiable person to engage in business, and the business handling personal information has acquired the personal information in connection with that business;
Article 40-2, paragraph (1), item (iii)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which the identifiable person has no legal representative, or the business handling personal information has reasonable grounds to believe that the identifiable person has no legal representative.
Article 40-2, paragraph (2)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
With regard to applying the provisions of Article 31, paragraph (1) to information related to personal information when a business handling information related to personal information handles information related to personal information concerning a person under 16 years of age (excluding the following cases), the phrase "the identifiable person's consent" in item (i) of that paragraph is deemed to be replaced with "the consent of the legal representative of the identifiable person", and the phrases "the identifiable person's consent", "serves as a reference to the person" and "provided in advance to the person" in item (ii) of that paragraph are deemed to be replaced with "the consent of the legal representative of the identifiable person", "serves as a reference to the legal representative of the identifiable person" and "provided in advance to the legal representative of the identifiable person" respectively.
Article 40-2, paragraph (2), item (i)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which there is a legitimate reason for the business handling information related to personal information not knowing that the information related to personal information concerns a person under 16 years of age;
Article 40-2, paragraph (2), item (ii)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which the legal representative of the person to whom the information related to personal information relates has permitted that person to engage in business, and the business handling information related to personal information has acquired the information related to personal information in connection with that business;
Article 40-2, paragraph (2), item (iii)(十六歳未満の者の個人情報等の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal or Other Related Information of Persons under 16 Years of AgeAdded
cases in which the person to whom the information related to personal information relates has no legal representative, or the business handling information related to personal information has reasonable grounds to believe that the person to whom the information related to personal information relates has no legal representative.
Article 41, paragraph (1)(仮名加工情報の作成等)(Preparation of Pseudonymized Personal Information)Changed
When preparing pseudonymized personal information (limited to those compiled in a pseudonymized personal information database or the equivalent; hereinafter the same applies in this Chapter (excluding paragraphs (3) and Chapter VI(4) of the following Article, Article 54, paragraph (1), and Article 58, paragraph (2))), businesses handling personal information must process personal information in accordance with standards prescribed by Order of the Personal Information Protection Commission as those necessary to make it impossible to identify a specific individual unless collated with other information.
When having prepared pseudonymized personal information or having acquired pseudonymized personal information and deleted or other related information (meaning information related to identifiers or their equivalent and individual identification codes that were deleted from personal information used to prepare the pseudonymized personal information, and the means of processing carried out pursuant to the provisions of the preceding paragraph; hereinafter the same applies in this Article and paragraph (7) as applied mutatis mutandis pursuant to paragraph (3) of the following Article following the deemed replacement of terms) related to the pseudonymized information, businesses handling personal information must take measures for the management of the security of deleted or other related information in accordance with standards prescribed by Order of the Personal Information Protection Commission as those necessary to prevent the leaking of deleted or other related information.
Notwithstanding the provision of Article 18 and except cases based on laws and regulations, a business handling pseudonymized personal information (limited to a business handling personal information; hereinafter the same applies in this Article) must not handle pseudonymized personal information (limited to personal information; hereinafter the same applies in this Article) beyond the necessary scope to achieve the purpose of use specified pursuant to the provisions of Article 17, paragraph (1).
Article 41, paragraph (4)(仮名加工情報の作成等)(Preparation of Pseudonymized Personal Information)Changed
With regard to applying the provisions of Article 21 and paragraph (1) of the preceding Article related to pseudonymized personal information, the phrase "notify the identifiable person of that purpose of use or disclose this to the public" in Article 21, paragraphs (1) and (3) of that Article is deemed to be replaced with "disclose that purpose of use"; the phrase "notifying the identifiable person of the purpose of use or disclosing this to the public" in the provisions of items (i) through (iii) of paragraph (4) of that Article is deemed to be replaced with "disclosing the purpose of use"; the phrase "Article 20, paragraph (2), Article 21" in paragraph (1) of the preceding Article is deemed to be replaced with "Article 20, paragraph (2)"; the phrase "Article 20, paragraph (2), item (vii), Article 21, paragraph (2) and paragraph (4), item (i)" in that paragraph is deemed to be replaced with "Article 20, paragraph (2), item (vii)"; and the phrase '"does not harm the identifiable person's rights and interests"; the phrases "to the identifiable person" in Article 21, paragraph (2) and "notifying the identifiable person" in paragraph (4), item (i) of that Article are deemed to be replaced with "to the legal representative of the identifiable person" and "notifying the legal representative of the identifiable person" respectively' in that paragraph is deemed to be replaced with '"does not harm the identifiable person's rights and interests"'.
Businesses handling pseudonymized personal information must endeavor to erase personal data that constitutes pseudonymized personal information and deleted or other related information without delay when utilization of the personal data and the deleted or other related information has become unnecessary. In this case, the provisions of Article 22 do not apply.
Article 41, paragraph (6)(仮名加工情報の作成等)(Preparation of Pseudonymized Personal Information)Changed
Notwithstanding the provisions of Article 27, paragraphs (1) and (2), and Article 28, paragraph (1), and except cases based on laws and regulations, businesses handling pseudonymized personal information must not provide a third party with personal data that constitutes pseudonymized personal information. In this case, the term "each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "Article 41, paragraph (6)"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of that paragraph is deemed to be replaced with "disclose this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; the phrase "notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data, without delay" in Article 27, paragraph (6) is deemed to be replaced with "disclose this without delay"; the phrase "any of the items of Article 27, paragraph (1) or paragraph (5) (or any of the items of Article 27, paragraph (1), in cases of a provision of personal data under paragraph (1) of the preceding Article)" in the proviso of Article 29, paragraph (1), is deemed to be replaced with "cases based on laws and regulations or any of the items of Article 27, paragraph (5)"; and the term "any of the items of Article 27, paragraph (1) or paragraph (5)" in the proviso of Article 30, paragraph (1) areis deemed to be replaced with "cases based on laws and regulations or any of the items of Article 27, paragraph (5)".
Businesses handling pseudonymized personal information, in handling that information, must not collate the pseudonymized personal information with other information in order to identify a person identifiable by personal information that was used to prepare the pseudonymized personal information.
Article 41, paragraph (8)(仮名加工情報の作成等)(Preparation of Pseudonymized Personal Information)Changed
Businesses handling pseudonymized personal information, in handling that information, must not use contact addresses and other information contained in the pseudonymized personal information for telephoning, for sending by mail or by correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) conducted by a general correspondence delivery operator prescribed in Article 2, paragraph (6) or a specified correspondence delivery operator prescribed in Article 2, paragraph (9), for delivering a telegram, for transmitting information using a facsimile machine or electronic or magnetic means (meaning means that use electronic data processing system or means that utilize other information communication technology as prescribed by Order of the Personal Information Protection Commission), or for visiting a residence.
The provisions of Article 17, paragraph (2), Article 26 and Articles 32 through 39 do not apply regarding pseudonymized personal information, personal data that constitutes pseudonymized personal information, and personal data the business holds that constitutes pseudonymized personal information.
Article 42, paragraph (1)(仮名加工情報の第三者提供の制限等)(Restrictions on Provision of Pseudonymized Personal Information to Third Parties)Changed
Except in cases based on laws and regulations, businesses handling pseudonymized personal information must not provide pseudonymized personal information (excluding those that constitute personal information; hereinafter the same applies in the following paragraph and paragraph (3)this Article) to a third party.
The provisions of Article 27, paragraphs (5) and (6) apply mutatis mutandis to a person receiving pseudonymized personal information. In this case, the term "each preceding paragraph" in Article 27, paragraph (5) is deemed to be replaced with "Article 42, paragraph (1)"; the term "business handling personal information" in item (i) of the paragraph is deemed to be replaced with "business handling pseudonymized personal information"; the phrase "notifies the person identifiable by that data of this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative; or the business makes the foregoing information readily accessible to the person identifiable by that data in advance" in item (iii) of the paragraph is deemed to be replaced with "disclose this in advance as well as the details of that data, the extent of the joint users, the users' purpose of use, and the name and address of the person responsible for managing the personal data, and, if the user is corporation, the name of its representative"; the term "business handling personal information" in Article 27, paragraph (6) is deemed to be replaced with "businesses handling pseudonymized personal information", and the phrase " notify the person identifiable by that data of this or make this readily accessible to the person identifiable by that data, without delay" is deemed to be replaced with "disclose this without delay" in Article 27, paragraph (6).
Article 42, paragraph (3)(仮名加工情報の第三者提供の制限等)(Restrictions on Provision of Pseudonymized Personal Information to Third Parties)Changed
The provisions of Articles 23 through 25, Article 40, and paragraphs (7) and (8) of the preceding Article apply mutatis mutandis to the handling of pseudonymized personal information (limited to those compiled in a pseudonymized personal information database or the equivalent) by a business handling pseudonymized personal information, and the provisions of Article 40 apply mutatis mutandis to the handling of pseudonymized personal information by a business handling pseudonymized personal information, respectively. In this case, the phrase "leaking, loss or damage" in Article 23 is deemed to be replaced with "leaking"; and the term "not" in Article 41, paragraph (7) is replaced with "neither acquire deleted or other related information, nor".
Article 42, paragraph (4)(仮名加工情報の第三者提供の制限等)(Restrictions on Provision of Pseudonymized Personal Information to Third Parties)Added
The provisions of Article 31-2 apply mutatis mutandis to the handling, by a business handling pseudonymized personal information, of pseudonymized personal information that contains an identifier or the equivalent set forth in any of the items of Article 2, paragraph (8) (including information that can be readily collated with other information and thereby enables that identifier or the equivalent to be identified).
Article 43, paragraph (1)(匿名加工情報の作成等)(Preparation of Anonymized Personal Information)Changed
When preparing anonymized personal information (limited to those compiled in an anonymized personal information database or the equivalent; hereinafter the same applies in this Chapter (excluding paragraph (6) of this Article, Article 46, Article 46-2, and Chapter VIArticle 54, paragraph (1))), businesses handling personal information must process personal information in accordance with standards prescribed by Order of the Personal Information Protection Commission as those necessary to make it impossible to identify a specific individual and restore the information to its original state.
When having prepared anonymized personal information, businesses handling personal information must take measures for the management of the security of information relating to identifiers or their equivalent and individual identification codes that were deleted from personal information used to prepare the anonymized personal information, and information on the means of processing carried out pursuant to the provisions of the preceding paragraph, in accordance with standards prescribed by Order of the Personal Information Protection Commission as those necessary to prevent the leaking of that information.
When having prepared anonymized personal information, businesses handling personal information must disclose the categories of information on an individual that is contained in the anonymized personal information, pursuant to Order of the Personal Information Protection Commission.
Businesses handling personal information, before providing anonymized personal information it prepared to a third party, must disclose the categories of information on an individual that is contained in the anonymized personal information the business will provide to the third party, and the means of providing this, and state to the third party explicitly that the information the business will provide is anonymized personal information, pursuant to Order of the Personal Information Protection Commission.
Businesses handling personal information, when handling anonymized personal information it prepared by itself, must not collate the anonymized personal information with other information in order to identify a person identifiable by personal information that was used to prepare that anonymized personal information.
When having prepared anonymized personal information, businesses handling personal information must endeavor to take the necessary and appropriate measures for managing the security of the anonymized personal information, and the necessary measures for processing complaints about the preparation or other handling of the anonymized personal information, or for otherwise ensuring the proper handling of the anonymized personal information; and endeavor to disclose the content of those measures.
Article 44, paragraph (1)(匿名加工情報の提供)(Providing Anonymized Personal Information)Changed
Businesses handling anonymized personal information, before providing anonymized personal information (excluding those into which they have processed personal information themselves; hereinafter the same applies in this SectionArticle through Article 46) to a third party, must disclose the categories of information on an individual that is contained in the anonymized personal information it will provide to the third party, and the means of providing this, and state to the third party explicitly that the information it will provide is anonymized personal information, pursuant to Order of the Personal Information Protection Commission.
Businesses handling anonymized personal information, when handling anonymized personal information, must neither acquire information relating to identifiers or their equivalent or individual identification codes deleted from the personal information and information relating to methods of processing carried out pursuant to the provisions of Article 43, paragraph (1) or Article 116, paragraph (1) (including cases in which it is applied mutatis mutandis pursuant to Article 116, paragraph (2)), nor collate the anonymized personal information with other information in order to identify a person identifiable by personal information that was used to prepare that anonymized personal information.
Measures for Managing the Security of Anonymized Personal Information(安全管理措置等)
Article 46, paragraph (1)
Businesses handling anonymized personal information must endeavor to take the necessary and appropriate measures for managing the security of anonymized personal information and the necessary measures to ensure the proper handling of anonymized personal information such as processing complaints about the handling of anonymized personal information, and must endeavor to disclose the content of those measures.
Article 46-2, paragraph (1)(連絡等が可能な匿名加工情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Anonymized Personal Information Enabling Contact, etc.Added
The provisions of Article 31-2 apply mutatis mutandis to the handling, by a business handling anonymized personal information, of anonymized personal information that contains an identifier or the equivalent set forth in any of the items of Article 2, paragraph (8) (including information that can be readily collated with other information and thereby enables that identifier or the equivalent to be identified).
A corporation (or an organization without legal personality that has made provisions for a representative or manager; the same applies in item (iii), (b) of the following Article) seeking to perform services as set forth in one of the following items with the aim of ensuring that a business handling personal or other related information, pseudonymized personal (excluding a business handling information, or anonymized related to personal information (; hereinafter referred to as "the same applies in this Section) handles the personal or other related information" in this Chapter) ( (limited, in the business in question is hereinafter referred case of information related to personal information, to as a "business handlingthat which constitutes sensitive personal information, etc. for statistical compilation or other related similar analysis, provided personal information" in this Chapter) handles the , etc. for statistical compilation or similar analysis, and provided personal informationdata, etc. for statistical compilation or similar analysis; hereinafter the same applies in this Section) properly may receive certification from the Personal Information Protection Commission:
complaint processing under Article 53 regarding the handling of personal or other related information by businesses handling personal or other related information which are covered by the corporation's services (hereinafter each such business is referred to as a "covered business");
providing covered businesses with information about things that contribute to ensuring the proper handling of personal or other related information;
個人情報等の適正な取扱いの確保に寄与する事項についての対象事業者に対する情報の提供
Article 47, paragraph (1), item (iii)(認定)
services beyond what is set forth in the preceding two items which are necessary for ensuring the proper handling of personal or other related information by covered businesses.
前二号に掲げるもののほか、対象事業者の個人情報等の適正な取扱いの確保に関し必要な業務
Article 47, paragraph (2)(認定)
The certification set forth in the preceding paragraph may be limited in respect of the type or scope of services of businesses handling personal or other related information that are covered.
A person seeking the certification referred to in paragraph (1) must apply to the Personal Information Protection Commission as prescribed by Cabinet Order.
After granting a certification under paragraph (1), the Personal Information Protection Commission must make a public notice to that effect (including the scope of services concerning the certification, in cases of the certification limiting the scope of services pursuant to the provisions of paragraph (2)).
A person falling under one of the following items may not be certified as referred to in paragraph (1) of the preceding Article:
次の各号のいずれかに該当する者は、前条第一項の認定を受けることができない。
Article 48, paragraph (1), item (i)
a person that has been sentenced pursuant to any provision of this Act, if two years have not yet passed since the person finished serving the sentence or ceased to be subject to its enforcement;
a person whose certification has been revoked pursuant to the provisions of Article 155, paragraph (1), if two years have not yet passed since the revocation;
第百五十五条第一項の規定により認定を取り消され、その取消しの日から二年を経過しない者
Article 48, paragraph (1), item (iii)
a person with an executive officer (or with a representative or manager, in an organization without legal personality that has made provisions for a representative or manager; hereinafter the same applies in this Article) that falls under one of the following categories:
a person that has been sentenced to imprisonment or a heavier punishment or that has been sentenced pursuant to any provision of this Act, if two years have not yet passed since the person finished serving the sentence or ceased to be subject to its enforcement;
a person that, during the 30 days before the revocation, was the officer of a corporation whose certification has been revoked pursuant to the provisions of Article 155, paragraph (1), if two years have not yet passed since the revocation.
The Personal Information Protection Commission must not grant a certification unless it finds the application for certification referred to in Article 47, paragraph (1) to conform to all of the following requirements:
the applicant has established the necessary methods of business implementation to allow it to perform the services set forth in the items of Article 47, paragraph (1) properly and reliably;
the applicant's knowledge, capabilities, and financial base are sufficient to allow it to perform the services set forth in the items of Article 47, paragraph (1) properly and reliably;
if the applicant engages in business other than the services set forth in the items of Article 47, paragraph (1), its engagement in that business is unlikely to give rise to unfairness in the services set forth in the items of that paragraph.
If a person that has received certification under Article 47, paragraph (1) (including that limiting the scope of services pursuant to the provisions of paragraph (2) of that Article; the same applies in paragraph (1) of the following Article and Article 155, paragraph (1), item (v)) seeks to alter the scope of services concerning the certification, the person must receive certification from the Personal Information Protection Commission; provided, however, that this does not apply to a minor alteration as prescribed by Order of the Personal Information Protection Commission.
The provisions of Article 47, paragraphs (3) and (4) and the preceding Article apply mutatis mutandis to the certification of alteration referred to in the preceding paragraph.
第四十七条第三項及び第四項並びに前条の規定は、前項の変更の認定について準用する。
Article 51第五十一条
Notification of Discontinuation(廃止の届出)
Article 51, paragraph (1)
Before intending to discontinue the services subject to certification (hereinafter referred to as "certified services" in this Section and Chapter VI), a person that has received certification under Article 47, paragraph (1) (including the certification of alteration under paragraph (1) of the preceding Article) (the person in question is hereinafter referred to as a "certified personal information protection organization" in this Section and Chapter VI) must notify the Personal Information Protection Commission to that effect as prescribed by Cabinet Order.
Upon receiving notification under the preceding paragraph, the Personal Information Protection Commission must issue public notice indicating this.
個人情報保護委員会は、前項の規定による届出があったときは、その旨を公示しなければならない。
Article 52第五十二条
Covered Businesses(対象事業者)
Article 52, paragraph (1)
A certified personal information protection organization's covered businesses must be comprised of businesses handling personal or other related information that have agreed to be covered by its certified services. In this case, if a covered business does not comply with the personal information protection guidelines prescribed in Article 54, paragraph (1) even though measures pursuant to Article 54, paragraph (4) were taken, the covered business may be excluded from being covered by the certified services.
A certified personal information protection organization must disclose the names of its covered businesses.
認定個人情報保護団体は、対象事業者の氏名又は名称を公表しなければならない。
Article 53第五十三条
Complaint Processing(苦情の処理)
Article 53, paragraph (1)
If an identifiable person or other party files for a certified personal information protection organization to resolve a complaint about the handling of personal or other related information by a covered business, in addition to complying with any request for a consultation about this, providing the identifiable person or other party with the necessary advice, and investigating the circumstances to which the complaint pertains, the organization must notify the covered business of the substance and content of the complaint and request that it resolve the complaint expeditiously.
If a certified personal information protection organization finds that it is necessary in connection with the resolution of a complaint under a filing referred to in the preceding paragraph, the organization may request that the covered business provide a written or oral explanation or submit materials.
If a covered business has received a request under the preceding paragraph from a certified personal information protection organization, it must not refuse this request without a legitimate reason for doing so.
Article 54, paragraph (1)(個人情報保護指針)(Personal Information Protection Guidelines)Changed
In order to ensure the proper handling of personal or other related information by its covered businesses, a certified personal information protection organization must endeavor to create guidelines which follow the spirit of this Act (hereinafter referred to as "personal information protection guidelines" in this Section and Chapter VI), for how to specify the purpose of use of personal information, for measures to ensure its secure management, for procedures to deal with requests for disclosure or other handling, for other such matters, how to conduct statistical compilation or similar analysis concerning sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis, and the security measures for that information and other such matters, as well as how to produce pseudonymized processedpersonal information or anonymized personal information, and its security measures and other such matters, by listening to the opinions of representatives of customers or other relevant persons.
When having developed personal information protection guidelines pursuant to the provisions of the preceding paragraph, certified personal information protection organizations must notify the Personal Information Protection Commission of the personal information protection guidelines without delay pursuant to Order of the Personal Information Protection Commission. The same applies if the guidelines are modified.
When having been notified of personal information protection guidelines under the preceding paragraph, the Personal Information Protection Commission must disclose the personal information protection guidelines pursuant to Order of the Personal Information Protection Commission.
When personal information protection guidelines have been disclosed pursuant to the provisions of the preceding paragraph, certified personal information protection organizations must take measures against a covered business such as providing guidance or recommendations necessary to make the covered business comply with the personal information protection guidelines.
A certified personal information protection organization must not use information acquired in the course of certified services for purposes other than the certified services use for which the information is provided.
A person that is not a certified personal information protection organization must not use a name that refers to that person as a certified personal information protection organization, and must not use any other name that is confusingly similar to this.
Article 57, paragraph (1)(適用除外)(Exclusion from Application)Changed
The provisions of this the preceding Chapter do not apply to a business handling personal or other related information or business handling information related to personal information as set forth in one of the following items if all or part of the purpose for which it handles the information in question is the purpose prescribed in that item:
broadcasting organizations, newspapers, news services, and other journalistic organizations (this includes individuals who work in news reporting):use in news reporting;
放送機関、新聞社、通信社その他の報道機関(報道を業として行う個人を含む。) 報道の用に供する目的
Article 57, paragraph (1), item (ii)(適用除外)
a person in the business of creating literary works:use in the creation of literary works;
著述を業として行う者 著述の用に供する目的
Article 57, paragraph (1), item (iii)(適用除外)
a religious organization:use in a religious activity (this includes activities incidental to it);
宗教団体 宗教活動(これに付随する活動を含む。)の用に供する目的
Article 57, paragraph (1), item (iv)(適用除外)
a political organization:use in a political activity (this includes activities incidental to it).
政治団体 政治活動(これに付随する活動を含む。)の用に供する目的
Article 57, paragraph (2)(適用除外)
The "news reporting" prescribed in item (i) of the preceding paragraph means informing the general public of objective facts by presenting them as the truth (this includes stating an opinion or position based on those facts).
Article 57, paragraph (3)(適用除外)(Exclusion from Application)Changed
A business handling personal or other related information (excluding a business handling information related to personal information) as set forth in one of the items of paragraph (1) must, itself, endeavor to take the necessary and appropriate measures for managing the security of personal data, sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, provided personal data, etc. for statistical compilation or similar analysis, pseudonymized personal information or anonymized personal information, and the necessary measures for processing complaints about the handling of personal or other related information (limited, in the case of information related to personal information, to that which constitutes sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, and provided personal data, etc. for statistical compilation or similar analysis; hereinafter the same applies in this paragraph) and for otherwise ensuring the proper handling of personal or other related information and must also endeavor to disclose the content of those measures.
The provisions of Articles 32 through 39 and Section 4 do not apply to a business handling personal information or a business handling anonymized personal information set forth as follows:
a local incorporated administrative agency whose main purpose is providing the service listed in Article 21, item (i) of the Local Incorporated Administrative Agency Act, or whose purpose is providing the service listed in item (ii) or item (iii) of that Article (limited to the part relating to (h)).
The handling of personal information, pseudonymized personal information, or information related to personal information conducted by a person set forth in each following items in the business prescribed in each item is deemed to be the handling of personal information by a business handling personal information, the handling of pseudonymized personal information by a business handling pseudonymized personal information, or the handling of information related to personal information by a business handling information related to personal information; and the provisions in this Chapter (excluding Articles 32 through 39 and Section 4) and Chapters VI through VIII apply to it:
Article 58, paragraph (2), item (i)(別表第二に掲げる法人等についての適用の特例)Exception to Application for Corporations, etc. Set Forth in Appended Table 2Changed
a local government organ: operation of a hospital, a clinic prescribed in Article 1-5, paragraph (12) of the Medical Care Act (Act No. 205 of 1948) (referred to as a "hospital" in the following item), a clinic prescribed in paragraph (2) of that Article, , and aan university prescribed in Article 1 of the School Education Act (Act No. 26 of 1947);
Article 58-2, paragraph (1)(取扱いの方法が契約により定められている受託個人情報取扱事業者等についての適用の特例)Exception to Application for Entrusted Businesses Handling Personal or Other Related Information Whose Method of Handling Is Stipulated by ContractAdded
With regard to the handling of personal or other related information (referred to as "entrusted personal or other related information" in items (i) and (ii)) by a business handling personal or other related information that has been entrusted with all or part of the handling of the personal or other related information by another business handling personal or other related information or by an administrative entity (hereinafter referred to as an "entrusted business handling personal or other related information" in this Article), if the matters set forth in the following items are stipulated, pursuant to Order of the Personal Information Protection Commission, in the contract for the entrustment between that other business handling personal or other related information or administrative entity (referred to as the "entrustor" in item (ii)) and the entrusted business handling personal or other related information, and the handling is carried out in accordance with the provisions of the contract concerning the matters set forth in item (i) within the scope necessary for managing the entrusted services, the provisions of Sections 2 through 4 (excluding Articles 23 through 26, Article 30-2, paragraph (14), Article 30-3, Article 31-3, paragraph (10), Article 40-2, paragraph (1), Article 41, paragraphs (2) and (9), Article 42, paragraph (3), Article 43, paragraphs (2) and (6), and Article 46) and paragraph (1) of the following Article do not apply; and for the purpose of applying the provisions of Article 30-2, paragraph (14), Article 31-3, paragraph (10), Article 41, paragraph (9), Article 42, paragraph (3), Article 43, paragraph (6), and Article 46, the phrase "までの規定は" (the provisions of Articles 23 through 25) in Article 30-2, paragraph (14) and Article 31-3, paragraph (10) is deemed to be replaced with "までの規定は、" (the provisions of Articles 23 through 25, followed by a reading comma); the phrase "by a business handling personal information, and the provisions of the main clause of Article 29, paragraph (1) and paragraph (2) of that Article apply mutatis mutandis to cases in which a business handling personal information provides sensitive personal information, etc. for statistical compilation or similar analysis (limited to that which constitutes information related to personal information prescribed in Article 31, paragraph (1)) to a special-provision recipient of personal information pursuant to the main clause of paragraph (5) (limited to cases in which the special-provision recipient of personal information is expected to acquire the sensitive personal information, etc. for statistical compilation or similar analysis as personal data), respectively" in Article 30-2, paragraph (14) and the phrase "by a business handling personal information, and the provisions of the main clause of Article 29, paragraph (1) and paragraph (2) of that Article apply mutatis mutandis to cases in which a business handling information related to personal information provides information related to personal information to a special-provision recipient of information related to personal information pursuant to the main clause of paragraph (1), respectively" in Article 31-3, paragraph (10) are deemed to be replaced with "by a business handling personal information"; the phrase "pseudonymized personal information, personal data that constitutes pseudonymized personal information, and personal data the business holds that constitutes pseudonymized personal information" in Article 41, paragraph (9) is deemed to be replaced with "personal data that constitutes pseudonymized personal information", and the phrase "Article 17, paragraph (2), Article 26 and Articles 32 through 39" in that paragraph is deemed to be replaced with "Article 26"; the phrase "and paragraphs (7) and (8) of the preceding Article apply" in Article 42, paragraph (3) is deemed to be replaced with "apply", the phrase "by a business handling pseudonymized personal information, and the provisions of Article 40 apply mutatis mutandis to the handling of pseudonymized personal information by a business handling pseudonymized personal information, respectively" in that paragraph is deemed to be replaced with "by a business handling pseudonymized personal information", and the phrase "'leaking'; and the term 'not' in Article 41, paragraph (7) is replaced with 'neither acquire deleted or other related information, nor'" in that paragraph is deemed to be replaced with "'leaking'"; and the phrase "measures for managing the security of the anonymized personal information, and the necessary measures for processing complaints about the preparation or other handling of the anonymized personal information, or for otherwise ensuring the proper handling of the anonymized personal information" in Article 43, paragraph (6) and the phrase "measures for managing the security of anonymized personal information and the necessary measures to ensure the proper handling of anonymized personal information such as processing complaints about the handling of anonymized personal information" in Article 46 are deemed to be replaced with "measures for managing the security of the anonymized personal information" and "measures for managing the security of anonymized personal information", respectively.
Article 58-2, paragraph (1), item (i)(取扱いの方法が契約により定められている受託個人情報取扱事業者等についての適用の特例)Exception to Application for Entrusted Businesses Handling Personal or Other Related Information Whose Method of Handling Is Stipulated by ContractAdded
matters prescribed by Order of the Personal Information Protection Commission as the method of handling entrusted personal or other related information (excluding matters concerning measures for the secure management of entrusted personal or other related information and matters that are not likely to hinder the protection of individual rights and interests);
Article 58-2, paragraph (1), item (ii)(取扱いの方法が契約により定められている受託個人情報取扱事業者等についての適用の特例)Exception to Application for Entrusted Businesses Handling Personal or Other Related Information Whose Method of Handling Is Stipulated by ContractAdded
if the entrusted business handling personal or other related information learns that a situation prescribed in Article 26, paragraph (1) has arisen with regard to entrusted personal or other related information, or that entrusted personal or other related information has been handled beyond the scope necessary for managing the entrusted services or in violation of the provisions of the contract concerning the matters set forth in the preceding item, promptly reporting this to the entrustor;
Article 58-2, paragraph (1), item (iii)(取扱いの方法が契約により定められている受託個人情報取扱事業者等についての適用の特例)Exception to Application for Entrusted Businesses Handling Personal or Other Related Information Whose Method of Handling Is Stipulated by ContractAdded
other matters prescribed by Order of the Personal Information Protection Commission.
その他個人情報保護委員会規則で定める事項
Article 58-3第五十八条の三Caption added
Responsibilities, etc. of Businesses Handling Personal or Other Related Information Concerning the Handling of Personal or Other Related Information of Minors
Article 58-3, paragraph (1)(未成年者の個人情報等の取扱いに関する個人情報取扱事業者等の責務等)Responsibilities, etc. of Businesses Handling Personal or Other Related Information Concerning the Handling of Personal or Other Related Information of MinorsAdded
A business handling personal or other related information must, with regard to the handling of personal or other related information concerning minors, comply with the provisions of this Act, and also endeavor to take necessary measures so as not to harm the rights or interests of minors, after giving primary consideration to their best interests in accordance with their age and degree of development.
Article 58-3, paragraph (2)(未成年者の個人情報等の取扱いに関する個人情報取扱事業者等の責務等)Responsibilities, etc. of Businesses Handling Personal or Other Related Information Concerning the Handling of Personal or Other Related Information of MinorsAdded
When making a request for disclosure or other handling (or, for the legal representative of the identifiable person under 16 years of age, when making a request for disclosure or other handling or giving the consent under Article 35, paragraph (9), item (i); under Article 18, paragraph (1) or (2), the part of Article 20, paragraph (2) other than the items, the part of Article 27, paragraph (1) other than the items, or Article 28, paragraph (1), as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1); or under Article 31, paragraph (1), item (i), as applied following the deemed replacement of terms pursuant to Article 35, paragraph (7), item (i) or (ii) or Article 40-2, paragraph (2)), the legal representative of the identifiable person who is a minor must give primary consideration to the best interests of that identifiable person.
Responsibilities of Academic Research Institutions or the Equivalent(学術研究機関等の責務)
Article 59, paragraph (1)
Academic research organizations or the equivalent which are businesses handling personal information must endeavor to comply with the provisions of this Act as well as personally take necessary measures for ensuring the appropriate handling of personal information for academic research purposes, and endeavor to the public the content of those measures.
"Personal information the administrative entity holds" in this Chapter and Chapter VIII means personal information that an employee of an administrative entity (in a case of an incorporated administrative agency or other prescribed corporation or a local incorporated administrative agency, its officer is included; hereinafter the same applies in this Chapter and Chapter VIII) prepares or acquires in the course of that employee's duties, and that administrative entity holds for organizational use by its employees; provided, however, that the personal information the administrative entity holds is limited to personal information recorded in administrative or similar documents (meaning administrative documents prescribed in Article 2, paragraph (2) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999; hereinafter referred to as the "Administrative Organs Information Disclosure Act" in this Chapter)), corporate documents (meaning corporate documents prescribed in Article 2, paragraph (2) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001); hereinafter referred to as "Incorporated Administrative Agencies Information Disclosure Act" in this Chapter; those documents include those listed in item (iv) of that paragraph), or local government documents (meaning documents, drawings, or electronic or magnetic records that an employee of a local government organ or local incorporated administrative agency prepares or acquires in the course of that employee's duties, and that local government organ or local incorporated administrative agency holds for organizational use by its employees; and excluding those prescribed by Cabinet Order as equivalent to those set forth in the items of Article 2, paragraph (2) of the Administrative Organs Information Disclosure Act) (the above-mentioned documents are hereinafter collectively referred to as "administrative or similar documents" in this Chapter).
"Personal information file" in this Chapter and Chapter VIII means a collective body of information comprised of personal information the administrative entity holds, as set forth below:
those systematically organized so as to be searchable for particular personal information the administrative entity holds, by using a computer for the purpose of certain processes;
beyond what is set forth in the preceding item, those systematically organized so as to be searchable for particular personal information the administrative entity holds, by using a name, date of birth or other identifiers or their equivalent for the purpose of certain processes.
"Anonymizedanonymized personal information the administrative entity holds" in this Chapter means any anonymized personal information that can be prepared in a way that processes all or a part of personal information the administrative entity holds (excluding that which constitutes sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis; the same applies in items (ii) and (iii) and Section 5) that constitutes a personal information file that falls under all of the following items (if a part of that personal information the administrative entity holds contains non-disclosure information prescribed in Article 5 of the Administrative Organs Information Disclosure Act (excluding information listed in item (i) of that Article, and including information prescribed in the proviso of item (ii) of that Article; hereinafter the same applies in this paragraph), non-disclosure information prescribed in Article 5 of the Incorporated Administrative Agencies Information Disclosure Act (excluding information listed in item (i) of that Article, and including information prescribed in the proviso of item (ii) of that Article), or non-disclosure information prescribed in the information disclosure ordinance of local government (meaning a local government's ordinance which provides for the resident's or other equivalent person's right to request the disclosure of information the local government organ or local incorporated administrative agency holds; hereinafter the same applies in this Chapter) (that non-disclosure information means information equivalent to non-disclosure information prescribed in Article 5 of the Administrative Organs Information Disclosure Act), the part containing the above-mentioned non-disclosure information is excluded):
the information does not fall under any of items in Article 75, paragraph (2), or the information that is not designated under paragraph (3) of that Article as an exception to registration in the personal information file register as prescribed in paragraph (1) of that Article;
the information for which the head of an administrative organ as prescribed in Article 3 of the Administrative Organs Information Disclosure Act, an incorporated administrative agency or other prescribed corporation as prescribed in Article 2, paragraph (1) of the Incorporated Administrative Agencies Information Disclosure Act, a local government organ or, a local incorporated administrative agency is required to take either of the following measures, if that person receives a request to disclose any administrative or similar document in which the personal information the administrative entity holds that constitutes a personal information file is recorded (meaning a request for disclosure as prescribed in Article 3 of the Administrative Organs Information Disclosure Act, Article 3 of the Administrative Organs Information Disclosure Act, or the information disclosure ordinance);
making a decision to disclose all or a part of the personal information the administrative entity holds that is recorded in that administrative or similar document;
当該行政文書等に記録されている保有個人情報の全部又は一部を開示する旨の決定をすること。
Article 60, paragraph (3), item (ii), (b)(定義)
providing an opportunity to submit an opinion under Article 13, paragraph (1) or paragraph (2) of the Administrative Organs Information Disclosure Act, under Article 14, paragraph (1) or paragraph (2) of the Incorporated Administrative Agencies Information Disclosure Act, or under the information disclosure ordinance (limited to those with provisions equivalent to Article 13, paragraph (1) or (2) of the Administrative Organs Information Disclosure Act);
anonymized personal information can be prepared in a way that processes the personal information the administrative entity holds that constitutes a personal information file in accordance with the criteria set forth in Article 116, paragraph (1), and to extent that it does not hinder proper and smooth management of processes and services by the administrative entity.
The term "anonymized personal information file the administrative entity holds" in this Chapter means a collective body of information comprised of anonymized personal information the administrative entity holds, as set forth below:
those systematically organized so as to be searchable for particular anonymized personal information the administrative entity holds, by using a computer;
特定の行政機関等匿名加工情報を電子計算機を用いて検索することができるように体系的に構成したもの
Article 60, paragraph (4), item (ii)(定義)
beyond what is set forth in the preceding item, those prescribed by Cabinet Order as having been systematically organized so as to be searchable for particular anonymized personal information the administrative entity holds.
The term "sensitive personal information prescribed by local ordinance" in this Chapter means personal information (excluding sensitive personal information) that is held by a local government organ or local incorporated administrative agency and that is comprised of identifiers or their equivalent prescribed by a local government's ordinance, accounting for the regional characteristics and other circumstances, as those of which the handling requires special care so as not to cause unfair discrimination, prejudice, or other disadvantage to the identifiable person.
Section 2 Handling of Personal or Other Related Information by Administrative Entities第二節 行政機関等における個人情報等の取扱い
Article 61第六十一条
Restrictions on Holding Personal Information(個人情報の保有の制限等)
Article 61, paragraph (1)
Administrative entities may hold personal information only when necessary for conducting processes and functions under the jurisdiction provided by laws and regulations (including local ordinances; the same applies in Article 66, paragraph (2), items (iii) and (iv), Article 69, paragraph (2), items (ii) and (iii), and Section 4), and must specify the purpose of use of personal information as much as possible when holding this information.
Administrative entities must not hold personal information beyond the extent necessary for the purpose of use specified pursuant to the provisions of the preceding paragraph.
Before an administrative entity directly acquires personal information on an identifiable person that is recorded in a document (including an electronic or magnetic record), the administrative entity must clearly indicate the purpose of use to that person, except in the following cases:
cases in which there is an urgent need to protect the life, wellbeing or property of an individual;
人の生命、身体又は財産の保護のために緊急に必要があるとき。
Article 62, paragraph (1), item (ii)
cases in which indicating the purpose of use to the identifiable person clearly is likely to cause harm to the life, wellbeing, property, or other rights or interests of the identifiable person or a third party;
cases in which indicating the purpose of use to the identifiable person clearly is likely to hinder the proper execution of the process or service of a national government organ, incorporated administrative agency or other prescribed corporation, local government, or local incorporated administrative agency;
Article 63, paragraph (1)(不適正な利用の禁止)(Prohibition of Inappropriate Utilization)Changed
The head of an administrative organ (for any organ designated by Cabinet Order referred to in Article 2, paragraph (89), items (v) through (vii), the head is designated for each respective organ by Cabinet Order; hereinafter the same applies in this Chapter and Article 174), a local government organ, an incorporated administrative agency or other prescribed corporation, and a local incorporated administrative agency (hereinafter referred to as an "administrative organ's head or administrative entity" in this Chapter and the following Chapter) must not utilize personal information using a method that has the possibility of fomenting or inducing unlawful or unjust act.
An administrative organ's head or administrative entity must not acquire personal information by deception or other wrongful means.
行政機関の長等は、偽りその他不正の手段により個人情報を取得してはならない。
Article 65第六十五条
Keeping Accuracy(正確性の確保)
Article 65, paragraph (1)
An administrative organ's head or administrative entity must endeavor to keep personal information the head or entity holds consistent with the past or the present facts within the scope necessary for fulfilling the purpose of use.
Measures for Managing the Security of Personal Information an Administrative Entity Holds(安全管理措置)
Article 66, paragraph (1)
An administrative organ's head or administrative entity must take necessary and appropriate measures for managing the security of personal information the administrative entity holds, preventing its leaking, loss or damage.
The provisions of the preceding paragraph apply mutatis mutandis to cases in which a person set forth in each following item handles personal information in conducting services as prescribed in each item respectively:
a person entrusted by an administrative entity with the handling of personal information:that entrusted service;
行政機関等から個人情報の取扱いの委託を受けた者 当該委託を受けた業務
Article 66, paragraph (2), item (ii)
a designated administrator (meaning a designated administrator prescribed in Article 244-2, paragraph (3) of the Local Autonomy Act (Act No. 67 of 1947)):management service of a public facility (meaning a public facility prescribed in Article 244, paragraph (1) of that Act);
a person set forth in each item of Article 58, paragraph (1):service which is conducted based on laws and regulations and specified by Cabinet Order;
第五十八条第一項各号に掲げる者 法令に基づき行う業務であって政令で定めるもの
Article 66, paragraph (2), item (iv)
a person set forth in each item of Article 58, paragraph (2):business prescribed in each item of that paragraph which is conducted based on laws and regulations and specified by Cabinet Order;
a person entrusted by a person set forth in each preceding item with service prescribed in each item (including entrustment via two or more layers):that entrusted service.
An employee or a former employee of an administrative entity that handles personal information, a person engaged in or formerly engaged in business prescribed in each item of paragraph (2) of the preceding Article, or a staffing agency worker or a former staffing agency worker (meaning a staffing agency worker prescribed in Article 2, item (ii) of the Act on Securing the Proper Operation of Worker Dispatching Businesses and Protecting Dispatched Workers (Act No. 88 of 1985); hereinafter the same applies in this Chapter and Article 176) that handles personal information must not disclose personal information acquired in the course of that employee's work to other persons without reason or use this information for an unjust purpose.
If there is a leak, loss or damage and other situation concerning the security of the personal information an administrative entity holds as prescribed by Order of the Personal Information Protection Commission that is highly likely to harm individual rights and interests, the administrative organ's head or administrative entity must report to that effect to the Personal Information Protection Commission, pursuant to Order of the Personal Information Protection Commission.
In cases prescribed in the preceding paragraph, an administrative organ's head or administrative entity must notify an identifiable person of the occurrence of the situation pursuant to Order of the Personal Information Protection Commission; provided, however, that this does not apply to cases falling under any of each following item:
cases in which it is difficult to give a notification to the identifiable person, or cases prescribed by Order of the Personal Information Protection Commission as those in which there is little risk of the protection of the rights and interests of the identifiable person being impaired even if no notification is given to the identifiable person, and necessary alternative measures are taken to protect the person's rights and interests;
cases in which the personal information the administrative organ or agency holds includes any of information set forth in each item of Article 78, paragraph (1).
An administrative organ's head or administrative entity must not personally use or provide other persons with personal information the administrative entity holds for any purpose other than the purpose of use, except cases based on laws and regulations.
Notwithstanding the provisions of the preceding paragraph, when finding the case to fall under circumstances specified by any of the following items, an administrative organ's head or administrative entity may personally use or provide other persons with personal information the administrative entity holds for any purpose other than the purpose of use; provided, however, this does not apply if it is found that using that personal information personally or providing it to other persons for any purpose other than the purpose of use is likely to cause unjust prejudice to the rights or interests of the identifiable person or a third party:
if the personal information the administrative entity holds is used or provided with the identifiable person's consent, or if it is provided to the identifiable person;
本人の同意があるとき、又は本人に提供するとき。
Article 69, paragraph (2), item (ii)(利用及び提供の制限)
if the administrative entity uses personal information it holds within the organ only to the extent necessary for managing processes or services under the jurisdiction provided by laws and regulations, and there are reasonable grounds for the use of that personal information;
if the personal information the administrative entity holds is provided to other administrative organ, incorporated administrative agency or other prescribed corporation, local government organ, or local incorporated administrative agency; the person that receives the information uses it only to the extent necessary for managing the processes or services under its jurisdiction provided by laws and regulations; and there are reasonable grounds for the use of that personal information;
Article 69, paragraph (2), item (iv)(利用及び提供の制限)(Restrictions on the Use and Provision)Changed
beyond what is set forth in the preceding three items, if the personal information the administrative entity holds is provided exclusively for statisticalthe purpose orof statistical compilation or similar analysis or for academic research purpose; provision of the information to other persons is obviously beneficial to the identifiable person; or there are other special grounds for providing that personal information.
The provisions of the preceding paragraph do not preclude the application of the provisions of other laws and regulations which restrict the use or provision of personal information an administrative entity holds.
前項の規定は、保有個人情報の利用又は提供を制限する他の法令の規定の適用を妨げるものではない。
Article 69, paragraph (4)(利用及び提供の制限)
When finding it particularly necessary for protecting the individual rights and interests, an administrative organ's head or administrative entity is to allow only particular departments, agencies, or employees within the organ to use personal information the administrative entity holds for any purpose other than the purpose of use.
Making Requests of Persons that Receive Personal Information an Administrative Entity Holds(保有個人情報の提供を受ける者に対する措置要求)
Article 70, paragraph (1)
When an administrative organ's head or administrative entity finds it necessary in providing personal information the administrative entity holds for the purpose of use or pursuant to the provisions of paragraph (2), item (iii) or (iv) of the preceding Article, they are to impose restrictions on the purpose or method of use of the personal information they provide or any other restrictions considered necessary on a person that receives that personal information, or request the person take necessary measures to prevent the leaking of and for the proper management of that personal information.
Article 71, paragraph (1)(外国にある第三者への提供の制限)(Restrictions on the Provision of Information to Third Parties in Foreign Countries)Changed
Except in cases based on laws and regulations or set forth in Article 69, paragraph (2), item (iv), before an administrative organ's organ 's head or administrative entity provides personal information the administrative entity holds to a third party (excluding a person that has established a system that conforms to standards prescribed by Order of the Personal Information Protection Commission as necessary for continuously taking measures equivalent to the one that a business handling personal information (meaning a business handling personal information prescribed in Article 16, paragraph (2); the same applies in the following Article and Article 72-3, paragraphs (3) and (10)) is to take concerning the handling of personal data (meaning personal data prescribed in Article 16, paragraph (3); the same applies in Article 72-3, paragraph (6)) pursuant to the provisions of Section 2 of the preceding Chapter (referred to as "equivalent measures" in paragraph (3)); hereinafter the same applies in this paragraph and the following paragraph) in a foreign country (meaning a country or region located outside the territory of Japan; hereinafter the same applies in this Article) (excluding those prescribed by Order of the Personal Information Protection Commission as a foreign country that has established a personal information protection system recognized to have equivalent standards to that in Japan regarding the protection of individual rights and interests; hereinafter the same applies in this Article) for any purpose other than the purpose of use, the administrative organ's head or administrative entity must acquire the identifiable person's consent to the effect that the person approves the provision to a third party in a foreign country.
When intending to obtain an identifiable person's consent pursuant to the provisions of the preceding paragraph, an administrative organ's head or administrative entity must provide the person in advance with information on the personal information protection system of the foreign country, on the measures the third party takes for the protection of personal information, and other information that serves as a reference to the person, pursuant to Order of the Personal Information Protection Commission.
Except in those cases based on laws and regulations or set forth in Article 69, paragraph (2), item (iv), when an administrative organ's head or administrative entity has provided personal information the administrative entity holds to a third party in a foreign country (limited to a person that has established a system prescribed in paragraph (1)) for any purpose other than the purpose of use, the administrative organ's head or administrative entity must take necessary measures to ensure continuous implementation of the equivalent measures by the third party, and in response to the identifiable person's request, provide the person with information on the necessary measures, pursuant to Order of the Personal Information Protection Commission.
Article 71-2, paragraph (1)(取扱いの委託を受けた個人情報に係る義務)Obligations Concerning Personal Information Whose Handling Has Been EntrustedAdded
An administrative entity that has been entrusted with all or part of the handling of personal information (including entrustment via two or more layers) by a business handling personal information or by another administrative entity must not, except in cases based on laws and regulations and cases in which there is an urgent need to respond to the rescue of human life, disaster relief, or other emergency situations (referred to as "cases based on laws and regulations, etc." in Article 72-3), handle the personal information whose handling has been entrusted to it (excluding that which becomes information related to personal information for that administrative entity) beyond the scope necessary for managing the entrusted services.
Article 71-3, paragraph (1)(十六歳未満の者の個人情報の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal Information of Persons under 16 Years of AgeAdded
With regard to the application of the provisions of Article 62, Article 68, paragraph (2), Article 69, paragraph (2), and Article 71 to the personal information of a person under 16 years of age in cases in which an administrative entity handles that personal information (excluding the cases set forth in the following items), the phrase "to that person" in Article 62 and the phrase "notify an identifiable person" in Article 68, paragraph (2) are deemed to be replaced with "to the legal representative of that person" and "notify the legal representative of the identifiable person", respectively; the phrase "to the identifiable person" in item (i) of Article 68, paragraph (2) is deemed to be replaced with "to the legal representative of the identifiable person"; in Article 69, paragraph (2), item (i), the phrase "the identifiable person's consent" is deemed to be replaced with "the consent of the legal representative of the identifiable person", and the phrase "provided to the identifiable person" is deemed to be replaced with "provided to the identifiable person or the legal representative of the identifiable person"; the term "identifiable person" in Article 71, paragraphs (1) and (2) is deemed to be replaced with "legal representative of the identifiable person"; and the term "identifiable person" in paragraph (3) of that Article is deemed to be replaced with "identifiable person or the legal representative of the identifiable person".
Article 71-3, paragraph (1), item (i)(十六歳未満の者の個人情報の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal Information of Persons under 16 Years of AgeAdded
cases in which the administrative organ's head or administrative entity has a legitimate reason for not knowing that the personal information is that of a person under 16 years of age;
Article 71-3, paragraph (1), item (ii)(十六歳未満の者の個人情報の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal Information of Persons under 16 Years of AgeAdded
cases in which the legal representative of the identifiable person has permitted the identifiable person to carry on a business, and the administrative entity has acquired the personal information in connection with that business;
Article 71-3, paragraph (1), item (iii)(十六歳未満の者の個人情報の取扱いに関する読替規定)Provisions on Deemed Replacement of Terms Concerning the Handling of Personal Information of Persons under 16 Years of AgeAdded
cases in which the identifiable person has no legal representative, or in which the administrative organ's head or administrative entity has reasonable grounds to believe that the identifiable person has no legal representative.
Making Requests of Persons that Receive Information Related to Personal Information(個人関連情報の提供を受ける者に対する措置要求)
Article 72, paragraph (1)
When finding it necessary in providing information related to personal information to a third party (limited to cases in which it is assumed that the third party acquires the information related to personal information as personal information), an administrative organ's head or administrative entity is to impose restrictions on the purpose or method of use of information related to personal information that they provide or any other restrictions considered necessary on the third party, or request the person take necessary measures to prevent the leaking of and for the proper management of the information.
Article 72-2, paragraph (1)(連絡可能個人関連情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Contact-Enabling Information Related to Personal InformationAdded
An administrative organ's head or administrative entity must not utilize contact-enabling information related to personal information using a method that has the possibility of fomenting or inducing unlawful or unjust act.
Article 72-2, paragraph (2)(連絡可能個人関連情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Contact-Enabling Information Related to Personal InformationAdded
An administrative organ's head or administrative entity must not acquire contact-enabling information related to personal information by deception or other wrongful means.
行政機関の長等は、偽りその他不正の手段により連絡可能個人関連情報を取得してはならない。
Article 72-3第七十二条の三Caption added
Obligations Concerning Special Provisions for statistical compilation or similar analysis
Article 72-3, paragraph (1)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that handles sensitive personal information, etc. for statistical compilation or similar analysis provided to it (including provision via two or more layers) by a special-provision acquirer of sensitive personal information must not, notwithstanding the provisions of Article 69, and except in cases based on laws and regulations, etc., handle that sensitive personal information, etc. for statistical compilation or similar analysis beyond the scope necessary for performing the act specified in the following items in accordance with the categories of cases set forth in those items:
Article 72-3, paragraph (1), item (i)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the special-provision acquirer of sensitive personal information has disclosed, pursuant to the provisions of Article 30-2, paragraph (2), the content of the statistical compilation or similar analysis that it intends to conduct using the sensitive personal information to which the sensitive personal information, etc. for statistical compilation or similar analysis relates (excluding the case set forth in item (iii)): the statistical compilation or similar analysis of the disclosed content;
Article 72-3, paragraph (1), item (ii)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the special-provision acquirer of sensitive personal information has disclosed, pursuant to the provisions of Article 30-2, paragraph (2), that it handles the sensitive personal information to which the sensitive personal information, etc. for statistical compilation or similar analysis relates for the purpose of making a provision under the main clause of paragraph (5) of that Article (excluding the case set forth in the following item): that provision;
Article 72-3, paragraph (1), item (iii)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the special-provision acquirer of sensitive personal information has disclosed, pursuant to the provisions of Article 30-2, paragraph (2), the content of the statistical compilation or similar analysis that it intends to conduct using the sensitive personal information to which the sensitive personal information, etc. for statistical compilation or similar analysis relates, and that it handles that sensitive personal information for the purpose of making a provision under the main clause of paragraph (5) of that Article: the statistical compilation or similar analysis of the disclosed content and that provision.
Article 72-3, paragraph (2)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that has been provided with personal information pursuant to the main clause of Article 30-2, paragraph (5) must continuously disclose, by the method prescribed by Order of the Personal Information Protection Commission referred to in item (i) of that paragraph, the matters prescribed in that item (or, if those matters have been changed pursuant to the main clause of the following paragraph or in the case referred to in paragraph (4), those matters after the change) for the period during which it handles the provided personal information, etc. for statistical compilation or similar analysis relating to that personal information.
Article 72-3, paragraph (3)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
The administrative organ's head or administrative entity prescribed in the preceding paragraph may change the matters disclosed pursuant to the provisions of the preceding paragraph only if both the administrative organ's head or administrative entity and the business handling personal information that provided the personal information pursuant to the main clause of Article 30-2, paragraph (5) disclose in advance, by the method prescribed by Order of the Personal Information Protection Commission referred to in item (i) of that paragraph, that they will change those matters and the content of the change; provided, however, that this does not apply when changing the name of the administrative organ's head or administrative entity or other matters prescribed by Order of the Personal Information Protection Commission.
Article 72-3, paragraph (4)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
In the case referred to in the proviso to the preceding paragraph, the administrative organ's head or administrative entity prescribed in paragraph (2) must, promptly after making the change, disclose that it has made the change and the content of the change by the method prescribed by Order of the Personal Information Protection Commission referred to in Article 30-2, paragraph (5), item (i).
Article 72-3, paragraph (5)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that handles provided personal information, etc. for statistical compilation or similar analysis must not, notwithstanding the provisions of Article 69, and except in cases based on laws and regulations, etc., handle that provided personal information, etc. for statistical compilation or similar analysis beyond the scope necessary for conducting the statistical compilation or similar analysis specified in the following items in accordance with the categories of cases set forth in those items:
Article 72-3, paragraph (5), item (i)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the provision under the main clause of Article 30-2, paragraph (5) relating to the provided personal information, etc. for statistical compilation or similar analysis was made to a special-provision recipient of personal information: the statistical compilation or similar analysis of the content that the special-provision recipient of personal information discloses pursuant to the provisions of paragraph (6) of that Article;
Article 72-3, paragraph (5), item (ii)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the provision under the main clause of Article 30-2, paragraph (5) relating to the provided personal information, etc. for statistical compilation or similar analysis was made to an administrative organ's head or administrative entity: the statistical compilation or similar analysis of the content that the administrative organ's head or administrative entity discloses pursuant to the provisions of paragraph (2).
Article 72-3, paragraph (6)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that has been provided with information related to personal information pursuant to the main clause of Article 31-3, paragraph (1) and has acquired it as personal data must continuously disclose, by the method prescribed by Order of the Personal Information Protection Commission referred to in item (i) of that paragraph, the matters prescribed in that item (or, if those matters have been changed pursuant to the main clause of the following paragraph or in the case referred to in paragraph (8), those matters after the change) for the period during which it handles the provided personal data, etc. for statistical compilation or similar analysis relating to that information related to personal information.
Article 72-3, paragraph (7)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
The administrative organ's head or administrative entity prescribed in the preceding paragraph may change the matters disclosed pursuant to the provisions of the preceding paragraph only if both the administrative organ's head or administrative entity and the business handling information related to personal information prescribed in Article 16, paragraph (8) that provided the information related to personal information pursuant to the main clause of Article 31-3, paragraph (1) disclose in advance, by the method prescribed by Order of the Personal Information Protection Commission referred to in item (i) of that paragraph, that they will change those matters and the content of the change; provided, however, that this does not apply when changing the name of the administrative organ's head or administrative entity or other matters prescribed by Order of the Personal Information Protection Commission.
Article 72-3, paragraph (8)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
In the case referred to in the proviso to the preceding paragraph, the administrative organ's head or administrative entity prescribed in paragraph (6) must, promptly after making the change, disclose that it has made the change and the content of the change by the method prescribed by Order of the Personal Information Protection Commission referred to in Article 31-3, paragraph (1), item (i).
Article 72-3, paragraph (9)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that handles provided personal data, etc. for statistical compilation or similar analysis must not, notwithstanding the provisions of Article 69, and except in cases based on laws and regulations, etc., handle that provided personal data, etc. for statistical compilation or similar analysis beyond the scope necessary for conducting the statistical compilation or similar analysis specified in the following items in accordance with the categories of cases set forth in those items:
Article 72-3, paragraph (9), item (i)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the provision under the main clause of Article 31-3, paragraph (1) relating to the provided personal data, etc. for statistical compilation or similar analysis was made to a special-provision recipient of information related to personal information: the statistical compilation or similar analysis of the content that the special-provision recipient of information related to personal information discloses pursuant to the provisions of paragraph (2) of that Article;
Article 72-3, paragraph (9), item (ii)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
if the provision under the main clause of Article 31-3, paragraph (1) relating to the provided personal data, etc. for statistical compilation or similar analysis was made to an administrative organ's head or administrative entity: the statistical compilation or similar analysis of the content that the administrative organ's head or administrative entity discloses pursuant to the provisions of paragraph (6).
Article 72-3, paragraph (10)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity that handles sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis must not, notwithstanding the provisions of Article 69, and except in cases based on laws and regulations, etc., provide that sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis to a third party (excluding a business handling personal information, or an administrative organ's head or administrative entity, that has been entrusted with the handling of that sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis).
Article 72-3, paragraph (11)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
An administrative organ's head or administrative entity must take the necessary and appropriate measures for the secure management of sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis, including preventing the leaking of the sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis it handles (excluding those that constitute personal information the administrative entity holds; hereinafter the same applies in this paragraph).
Article 72-3, paragraph (12)(統計作成等の特例に係る義務)Obligations Concerning Special Provisions for statistical compilation or similar analysisAdded
The provisions of paragraphs (1) and (5) and the preceding three paragraphs apply mutatis mutandis to cases in which a person that has been entrusted (including entrustment via two or more layers) with the handling of sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis by an administrative organ's head or administrative entity conducts the entrusted business, and the provisions of Article 70 apply mutatis mutandis to cases in which an administrative organ's head or administrative entity provides sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, or provided personal data, etc. for statistical compilation or similar analysis (excluding those that constitute personal information the administrative entity holds), respectively.
Except in cases based on laws and regulations, an administrative organ's head or administrative entity must not provide pseudonymized personal information (excluding those that are personal information; hereinafter the same applies in this Article and Article 128) to a third party (excluding a person entrusted with the handling of the pseudonymized personal information).
An administrative organ's head or administrative entity must take necessary and appropriate measures for managing the security of personal data including preventing the leaking of pseudonymized personal information they handle.
Except cases based on laws and regulations, in handling pseudonymized personal information, an administrative organ's head or administrative entity must neither acquire deleted or other related information (meaning identifiers or their equivalent, individual identification codes, and information on the method of processing as performed under Article 41, paragraph (1) that have been deleted from the personal information used to prepare the pseudonymized personal information), nor collate the pseudonymized personal information with other information, in order to identify the person identifiable by personal information that was used to prepare that pseudonymized personal information.
Article 73, paragraph (4)(仮名加工情報の取扱いに係る義務)(Obligations on the Handling of Pseudonymized Personal Information)Changed
Except cases based on laws and regulations, in handling pseudonymized personal information, an administrative organ's head or administrative entity must not utilize a contact address and other information contained in the pseudonymized personal information for telephoning, for sending by mail or by correspondence delivery prescribed in Article 2, paragraph (2) of the Act on Correspondence Delivery by Private Business Operators conducted by a general correspondence delivery operator prescribed in Article 2, paragraph (6) of that Act or a specified correspondence delivery operator prescribed in Article 2, paragraph (9) of that Act, for delivering a telegram, for transmitting information using a facsimile machine or electronic or magnetic means (meaning means that use electronic data processing system or means that utilize other information communication technology as prescribed by Order of the Personal Information Protection Commission), or for visiting a residence.
The provisions of each preceding paragraph apply mutatis mutandis to cases in which a person that has been entrusted (including entrustment via two or more layers) with the handling of pseudonymized personal information by an administrative organ's head or administrative entity conducts the entrusted business.
Article 73, paragraph (6)(仮名加工情報の取扱いに係る義務)(Obligations on the Handling of Pseudonymized Personal Information)Added
The provisions of Article 72-2 apply mutatis mutandis to the handling, by an administrative organ's head or administrative entity, of pseudonymized personal information that contains an identifier or the equivalent set forth in any of the items of Article 2, paragraph (8) (including information that can be readily collated with other information and thereby enables that identifier or the equivalent to be identified).
Advance Notification on Holding Personal Information Files(個人情報ファイルの保有等に関する事前通知)
Article 74, paragraph (1)
Before an administrative organ (excluding the Board of Audit; hereinafter the same applies in this Article) intends to hold personal information file, the head of the administrative organ must notify the Personal Information Protection Commission of the following matters. The same applies to cases in which an administrative organ intends to alter any matters for which notification has already been given:
the name of the organ and the name of the organizational section in charge of the processes for which the personal information file will be used;
当該機関の名称及び個人情報ファイルが利用に供される事務をつかさどる組織の名称
Article 74, paragraph (1), item (iii)
the purpose of use of the personal information file;
個人情報ファイルの利用目的
Article 74, paragraph (1), item (iv)
particulars recorded in the personal information file (hereinafter referred to as the "recorded particulars" in this Section) and the scope of individuals that are recorded in the personal information file as an identifiable person (limited to those who can be identified through a search without another individual's name, date of birth, or other identifiers or their equivalent; the same applies in item (ix) of the following paragraph) (this scope is hereinafter referred to as the "scope of record" in this Section);
the means of acquiring the personal information recorded in the personal information file (hereinafter referred to as the "recorded information" in this Section);
個人情報ファイルに記録される個人情報(以下この節において「記録情報」という。)の収集方法
Article 74, paragraph (1), item (vi)
if the recorded information contains sensitive personal information, an indication to that effect;
記録情報に要配慮個人情報が含まれるときは、その旨
Article 74, paragraph (1), item (vii)
if the recorded information is routinely provided to a party outside that organ, the name of that party;
記録情報を当該機関以外の者に経常的に提供する場合には、その提供先
Article 74, paragraph (1), item (viii)
if a part of the recorded particulars or the matters set forth in item (v) or in the preceding item are not to be contained in the personal information file register, or the personal information file is not to be contained in the personal information file register pursuant to the provisions of paragraph (3) of the following Article, an indication to that effect;
the name and address of the organization that accepts the request prescribed in Article 76, paragraph (1), Article 90, paragraph (1), or Article 98, paragraph (1);
第七十六条第一項、第九十条第一項又は第九十八条第一項の規定による請求を受理する組織の名称及び所在地
Article 74, paragraph (1), item (x)
if the proviso of Article 90, paragraph (1) or the proviso of Article 98, paragraph (1) applies, an indication to that effect;
第九十条第一項ただし書又は第九十八条第一項ただし書に該当するときは、その旨
Article 74, paragraph (1), item (xi)
other matters prescribed by Cabinet Order.
その他政令で定める事項
Article 74, paragraph (2)
The provisions of the preceding paragraph do not apply to the personal information files set forth in the following:
前項の規定は、次に掲げる個人情報ファイルについては、適用しない。
Article 74, paragraph (2), item (i)
a personal information file that contains matters concerning the national security, diplomatic secrets, and other important interests of the State;
国の安全、外交上の秘密その他の国の重大な利益に関する事項を記録する個人情報ファイル
Article 74, paragraph (2), item (ii)
a personal information file prepared or acquired for criminal investigation, investigation of tax crimes based on the provisions of laws related to tax, or instituting or keeping a legal proceeding;
a personal information file for employees or former employees of that organ, which exclusively contains information concerning their personnel, wages, welfare benefits, or any equivalent matters (including a personal information file concerning an employee recruitment examination conducted by that organ);
a personal information file exclusively used for the purpose of experimental computer processing;
専ら試験的な電子計算機処理の用に供するための個人情報ファイル
Article 74, paragraph (2), item (v)
a personal information file which contains all or a part of the recorded information contained in another personal information file subject to the notification prescribed in the preceding paragraph, if its purpose of use, recorded particulars, and scope of record are within the scope of those subject to that notification;
a personal information file that contains only recorded information that will be erased within one year;
一年以内に消去することとなる記録情報のみを記録する個人情報ファイル
Article 74, paragraph (2), item (vii)
a personal information file containing recorded information to be used for sending materials or any goods or money or for making necessary business contacts, which only contain the names, addresses and other necessary details concerning the recipients;
a personal information file that an employee prepares or acquires based on that employee's initiative for academic research purpose, if the recorded information is used exclusively for those academic research purpose;
a personal information file for which the number of the identifiable persons is less than the number specified by Cabinet Order;
本人の数が政令で定める数に満たない個人情報ファイル
Article 74, paragraph (2), item (x)
a personal information file specified by Cabinet Order as being equivalent to any of the personal information files set forth in item (iii) through the preceding item;
第三号から前号までに掲げる個人情報ファイルに準ずるものとして政令で定める個人情報ファイル
Article 74, paragraph (2), item (xi)
a personal information file in relation to Article 60, paragraph (2), item (ii).
第六十条第二項第二号に係る個人情報ファイル
Article 74, paragraph (3)
If an administrative organ ceases to hold the personal information file for which notification of the matters prescribed in paragraph (1) has been made or that personal information file comes to fall under item (ix) of the preceding paragraph, the head of the administrative organ must notify the Personal Information Protection Commission to that effect without delay.
Preparation and Publication of Personal Information File Registers(個人情報ファイル簿の作成及び公表)
Article 75, paragraph (1)
An administrative organ's head or administrative entity must prepare and publish a register containing the matters listed in paragraph (1), items (i) through (vii) as well as items (ix) and (x) of the preceding Article and other matters as prescribed by Cabinet Order with regard to the respective personal information files held by the administrative entity to which the head or entity in question belongs (that register is hereinafter referred to as the "personal information file register" in this Chapter).
The provisions of the preceding paragraph do not apply to the personal information file set forth in the following:
前項の規定は、次に掲げる個人情報ファイルについては、適用しない。
Article 75, paragraph (2), item (i)
a personal information file set forth in items (i) through (x) of paragraph (2) of the preceding Article;
前条第二項第一号から第十号までに掲げる個人情報ファイル
Article 75, paragraph (2), item (ii)
a personal information file which contains all or a part of the recorded information contained in another personal information file subject to the publication prescribed in the preceding paragraph, if its purpose of use, recorded matters, and scope of record are within the scope of those subject to that publication;
a personal information file designated by Cabinet Order as being equivalent to the personal information file listed in the preceding item.
前号に掲げる個人情報ファイルに準ずるものとして政令で定める個人情報ファイル
Article 75, paragraph (3)
Notwithstanding the provisions of paragraph (1), if an administrative organ's head or administrative entity finds that inclusion of a part of the recorded particulars, the matters listed in paragraph (1), item (v) or (vii) of the preceding Article, or a personal information file in the personal information file register is likely to particularly hinder the proper execution of processes or services in relation to the purpose of use due to their nature, the administrative organ's head or administrative entity may refrain from including that part of the recorded particulars, the matters listed in those items, or the personal information file in the personal information file register.
With regard to applying the provision of paragraph (1) related to a local government organ or a local incorporated administrative agency, the term "other matters as prescribed by Cabinet Order with regard to the respective personal information files held by the organ to which the head belongs" in that paragraph is replaced with "other matters as prescribed by Cabinet Order with regard to the respective personal information files held by the organ to which the head belongs, and also congaing an indication that it includes sensitive personal information prescribed by local ordinance, if that is the cases".
The provisions of each preceding paragraph do not preclude a local government organ or a local incorporated administrative agency from preparing and publishing a register that is different from the personal information file register and contains matters regarding the status of holding personal information, as prescribed by local ordinance.
Any person may request that an administrative organ's head or administrative entity disclose personal information by which that person is identifiable and that is held by the administrative entity to which the head or entity in question belongs, pursuant to the provisions of this Act.
Article 76, paragraph (2)(開示請求権)(Right to Request Disclosure)Changed
A legal representative of a minor or adult ward, or an agent privately appointed by the identifiable person or any other agent specified by Cabinet Order (hereinafter collectively referred to as an "agent" in this Section) may make a request for disclosure (hereinafter referred to as a "request for disclosure" in this Section, Article 125-2, paragraph (2), and Article 127) provided in the preceding paragraph on behalf of that person.
A request for disclosure must be made by submitting a document containing the matters listed in the following items (hereinafter referred to as a "written request for disclosure" in paragraph (3)) to the administrative organ's head or administrative entity:
the name and address or residence of the person making the request for disclosure;
開示請求をする者の氏名及び住所又は居所
Article 77, paragraph (1), item (ii)
the name of the administrative or similar document containing the personal information the administrative entity holds which is subject to the request for disclosure, or other matters sufficient for identifying that information subject to the request.
In the case referred to in the preceding paragraph, as prescribed by Cabinet Order, the person making the request for disclosure must present or submit a document to indicate that the person is the person identifiable by the personal information the administrative entity holds that is subject to the request for disclosure (or the agent of the person, in the case of a request for disclosure under paragraph (2) of the preceding Article).
If an administrative organ's head or administrative entity finds a formal deficiency in a written request for disclosure, they may ask the person who made the request for disclosure (hereinafter referred to as a "person requesting disclosure" in this Section) to amend the request, by setting a reasonable period of time. In this case, the administrative organ's head or administrative entity must endeavor to provide the person requesting disclosure with information that is helpful in the amendment.
Obligation to Disclose Personal Information an Administrative Entity Holds(保有個人情報の開示義務)
Article 78, paragraph (1)
If a request for disclosure is filed, unless any of the information listed in each of the following items (hereinafter referred to as "non-disclosure information" in this Section) is recorded in the personal information the administrative entity holds which is subject to the request for disclosure, the administrative organ's head or administrative entity must disclose that information to the person requesting disclosure:
information that is likely to cause harm to the life, wellbeing, livelihood or property of the person requesting disclosure (or of the identifiable person, if an agent makes a request for disclosure on behalf of that person pursuant to Article 76, paragraph (2); the same applies in the following item and item (iii) of this Article, paragraph (2) of the following Article, and Article 86, paragraph (1));
Information concerning an individual other than the person requesting disclosure (excluding information concerning the business conducted by an individual) by which a specific individual other than the person requesting disclosure is identifiable from a name, date of birth or other identifiers or their equivalent contained in that information (including cases in which it is possible to identify a specific individual other than the person requesting disclosure through comparing that information with other information); which contains an individual identification code; or whose disclosure is likely to cause harm to the rights and interests of an individual other than the person requesting disclosure, if it is not possible to identify a specific individual other than the person requesting disclosure; provided, however, that the following information is excluded;
information that can be made available to or is scheduled to be made available to the person requesting disclosure pursuant to the provisions of laws and regulations or by established practice;
法令の規定により又は慣行として開示請求者が知ることができ、又は知ることが予定されている情報
Article 78, paragraph (1), item (ii), (b)
information which is found necessary to be disclosed in order to protect a person's life, wellbeing, livelihood or property;
人の生命、健康、生活又は財産を保護するため、開示することが必要であると認められる情報
Article 78, paragraph (1), item (ii), (c)
the part of the relevant information relating to the job of a public officer or similar employee (meaning a national public officer prescribed in Article 2, paragraph (1) of the National Public Officer Act (Act No. 120 of 1947) (excluding employees of an agency engaged in administrative execution prescribed in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agency), employee of an incorporated administrative agency or other prescribed corporation, local public officer prescribed in Article 2 of the Local Public Officer Act (Act No. 261 of 1950), or employee of a local incorporated administrative agency) and the substance of the performance of their duties, if the relevant individual is a public officer, and that information relates to the performance of the duties;
the following information concerning corporations or other entities (excluding the State, incorporated administrative agency or other prescribed corporation, local public entity, and local incorporated administrative agency; hereinafter referred to as a "corporation or similar entity" in this item) or concerning the business that an individual other than the person requesting disclosure conducts; provided, however, that information which is found necessary to be disclosed in order to protect a person's life, wellbeing, livelihood, or property is excluded;
information whose disclosure is likely to cause harm to the rights, competitive position, or other legitimate interests of the relevant corporation or similar entity or of the relevant individual;
information customarily not disclosed by the corporation or similar entity or by the relevant individual, which has been voluntarily provided in response to a request by an administrative entity on the condition of non-disclosure, or information for which it is found reasonable to set that condition in light of the nature of the information or the circumstances at the time;
information for which there are reasonable grounds for the head of an administrative organ to find that its disclosure is likely to cause harm to national security, cause damage to the relationship of mutual trust with another country or an international organization, or cause a disadvantage in negotiations with another country or an international organization, if the head of the administrative organ makes a decision set forth in each paragraph of Article 82 (hereinafter referred to as a "decision on disclosure" in this Section);
information for which there are reasonable grounds for the head of an administrative organ or the local government organ (limited to a prefectural government agency) to find that its disclosure is likely to hinder prevention, suppression or the investigation of crimes, keeping prosecutions, the execution of punishment, and other matters concerning upholding public safety and public order, if the head of the administrative organ or the local government organ makes a decision on disclosure;
information concerning deliberations, examinations or consultations conducted in a national government organ, incorporated administrative agency or other prescribed corporation, local government and local incorporated administrative agency, or conducted mutually between them, if its disclosure is likely to cause unjust harm to the frank exchange of opinions or the neutrality of decision making, unreasonably cause confusion among the people, or unjustly bring advantages or disadvantages to specific persons;
information concerning the processes or service conducted by a national government organ, an incorporated administrative agency or other prescribed corporation, a local government, or a local incorporated administrative agency, if its disclosure is likely to have the following risks or is likely to hinder the proper execution of the processes or service due to their nature;
risk of causing harm to national security, damage to the relationship of mutual trust with another country or an international organization, or a disadvantage in negotiations with another country or an international organization, if an incorporated administrative agency or other prescribed corporation, a local government organ, or a local incorporated administrative agency make a decision on disclosure;
risk of hindering prevention, suppression or the investigation of crimes, keeping prosecutions, the execution of punishment, and other matters concerning upholding public safety and public order, if an incorporated administrative agency or other prescribed corporation, a local government organ (excluding a prefectural government agency), or a local incorporated administrative agency make a decision on disclosure;
risk of making it difficult to accurately understand facts concerning processes relating to audits, inspections, supervision, examinations, or the imposition or collection of tax; facilitating illegal or wrongful acts regarding those processes; or making it difficult to detect those acts;
risk of causing unjust damage to the property benefit, or the position as an interested party, of the State, an incorporated administrative agency or other prescribed corporation, a local government, or a local incorporated administrative agency concerning processes relating to contracts, negotiations, or administrative appeals and litigation;
risk of causing unjust hindrance to the fair and efficient execution of processes relating to research and study;
調査研究に係る事務に関し、その公正かつ能率的な遂行を不当に阻害するおそれ
Article 78, paragraph (1), item (vii), (f)
risk of causing hindrance to keeping impartial and smooth personnel practices in processes relating to personnel management;
人事管理に係る事務に関し、公正かつ円滑な人事の確保に支障を及ぼすおそれ
Article 78, paragraph (1), item (vii), (g)
risk of causing damage to the legitimate interests arising from corporate management with regard to the service of an incorporated administrative agency or other prescribed corporation, of a business operated by a local government, or of a local incorporated administrative agency.
With regard to applying the provision of the preceding paragraph related to a local government organ or a local incorporated administrative agency, the phrase "information listed in each of the following items (" in that paragraph is deemed to be replaced with "information listed in each of the following items (excluding information prescribed by local ordinance as information that is to be disclosed pursuant to the provisions of the information disclosure ordinance) or information equivalent to non-disclosure information prescribed in Article 5 of the Administrative Organs Information Disclosure Act, which is not disclosed in the information disclosure ordinance, and which is prescribed by the ordinance as information that needs to be non-disclosed in order to ensure consistency with that information disclosure ordinance (".
If non-disclosure information is included in personal information an administrative entity holds that is subject to a request for disclosure, and it is possible to easily separate and exclude the part that constitutes non-disclosure information from the personal information, the administrative organ's head or administrative entity must disclose the part from which the part that constitutes non-disclosure information has been excluded to the person requesting disclosure.
If the information set forth in paragraph (1), item (ii) of the preceding Article (limited to information that can be used to identify a specific individual other than the person requesting disclosure) is included in personal information an administrative entity holds that is subject to a request for disclosure, and it is found that disclosure of the information would not be likely to cause damage to the rights and interests of a person other than the person requesting disclosure if the part in the information that constitutes a name, date of birth, or other identifiers or their equivalent that can be used to identify a specific individual other than the person requesting disclosure, or that constitutes an individual identification code were excluded from that information, the other part in the information from which the part mentioned above has been excluded is deemed not to be included in the information set forth in that item, and the provisions of the preceding paragraph apply to it.
Even if non-disclosure information is included in personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity may disclose the personal information the administrative entity holds to the person requesting disclosure, if they finds it particularly necessary to do so for protecting the individual rights and interests.
Information on the Existence of Personal Information an Administrative Entity Holds(保有個人情報の存否に関する情報)
Article 81, paragraph (1)
If non-disclosure information is supposed to be disclosed by merely answering whether or not personal information an administrative entity holds that is subject to a request for disclosure exists, the administrative organ's head or administrative entity may refuse the request for disclosure, without making the existence or non-existence of that personal information clear.
When disclosing all or a part of personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting disclosure of that decision, the purpose of use of that personal information to be disclosed, and matters specified by Cabinet Order relating to the implementation of disclosure in writing; provided, however, that this does not apply to the purpose of use in cases that fall under Article 62, item (ii) or item (iii).
If an administrative organ's head or administrative entity decides not to disclose any personal information the administrative entity holds that is subject to a request for disclosure (this includes the cases in which the administrative organ's head or administrative entity refuses a request for disclosure pursuant to the provisions of the preceding Article or does not hold that personal information), the administrative organ's head or administrative entity must notify the person requesting disclosure to that effect in writing.
Decisions on disclosure must be made within thirty days from the date of the request for disclosure; provided, however, that if an amendment is requested pursuant to the provisions of Article 77, paragraph (3), the number of days required for the amendment is not included within that period of time.
Notwithstanding the provisions of the preceding paragraph, if there are justifiable grounds such as difficulties arising from conducting processes, an administrative organ's head or administrative entity may extend the period of time prescribed in that paragraph for up to thirty days. In this case, the administrative organ's head or administrative entity must notify the person requesting disclosure in writing of the extended period and the grounds for the extension, without delay.
Exception to the Due Date for Decisions on Disclosure(開示決定等の期限の特例)
Article 84, paragraph (1)
Notwithstanding the provisions of the preceding Article, if there is a considerably large amount of personal information an administrative entity holds that is subject to a request for disclosure, and there would be a risk that the performance of duties is considerably hindered if a decision on disclosure were made on all of those requests within sixty days from the date of a request for disclosure, it is sufficient for the administrative organ's head or administrative entity to make a decision on disclosure for a reasonable portion of the personal information the administrative entity holds for which disclosure has been requested within that period of time, and to make a decision on disclosure for the remaining personal information within a reasonable period of time. In this case, the administrative organ's head or administrative entity must notify the person requesting disclosure of the following matters in writing within the period of time prescribed in paragraph (1) of that Article:
the application of this Article and the grounds for its application;
この条の規定を適用する旨及びその理由
Article 84, paragraph (1), item (ii)
due date for making a decision on disclosure for the remaining personal information the administrative entity holds.
残りの保有個人情報について開示決定等をする期限
Article 85第八十五条
Transfer of Cases(事案の移送)
Article 85, paragraph (1)
An administrative organ's head or administrative entity may transfer the case to another head or entity upon consulting with them, if the personal information the administrative entity holds that is subject to a request for disclosure has been provided by an administrative entity other than one to which the head or entity in question belongs, or there are justifiable grounds for that other head or entity to make a decision on disclosure. In this case, the administrative organ's head or administrative entity that has transferred the case must notify the person requesting disclosure in writing to the effect that the case has been transferred.
If a case has been transferred pursuant to the provisions of the preceding paragraph, an administrative organ's head or administrative entity to which the case has been transferred must make a decision on disclosure in relation to the relevant request for disclosure. In this case, actions that the administrative organ's head or administrative entity that has transferred the case has made prior to the transfer are deemed to be those that the administrative organ's head or administrative entity to which the case has been transferred has made.
In the case referred to in the preceding paragraph, if the administrative organ's head or administrative entity to which the case has been transferred makes a decision set forth in Article 82, paragraph (1) (hereinafter referred to as a "decision to disclose" in this Section), the administrative organ's head or administrative entity must implement the disclosure. In this case, the administrative organ's head or administrative entity that has transferred the case must cooperate as necessary in the implementation of that disclosure.
Granting Third Parties an Opportunity to Submit a Written Opinion(第三者に対する意見書提出の機会の付与等)
Article 86, paragraph (1)
If information on a person other than the State, an incorporated administrative agency or other prescribed corporation, a local government, a local incorporated administrative agency, or a person requesting disclosure (hereinafter referred to as a "third party" in this Article, Article 105, paragraph (2), item (iii), and Article 107, paragraph (1)) is included in the personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity may notify the third party of the content of the information on that third party, and other matters specified by Cabinet Order, and may grant an opportunity to submit a written opinion, pursuant to the provisions of Cabinet Order, when making a decision on disclosure.
In the cases that fall under any of the following items, before making a decision to disclose, an administrative organ's head or administrative entity must notify the third party in writing of the content of the information on the third party that is subject to a request for disclosure and other matters specified by Cabinet Order, and grant that third party an opportunity to submit a written opinion, pursuant to the provisions of Cabinet Order; provided, however, that this does not apply to cases in which the third party's location is unknown:
personal information an administrative entity holds that contains information on a third party is to be disclosed, and it is found that the information on that third party falls under the information prescribed in Article 78, paragraph (1), item (ii), (b) or in the proviso of item (iii) of that paragraph;
personal information an administrative entity holds that contains information on a third party is to be disclosed pursuant to the provisions of Article 80.
第三者に関する情報が含まれている保有個人情報を第八十条の規定により開示しようとするとき。
Article 86, paragraph (3)
If the third party that was granted an opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs has submitted a written opinion manifesting the intention to oppose disclosure of the information concerning the third party, but the administrative organ's head or administrative entity makes a decision to disclose, the head or entity must place at least two weeks between the day of the decision to disclose and the day on which the disclosure will be implemented. In this case, upon making the decision to disclose, the administrative organ's head or administrative entity must immediately notify the third party that submitted that written opinion (referred to as a "written opposition opinion" in Article 105) in writing to the effect that the decision to disclose was made, of the grounds for its decision, and of the date on which the disclosure will be implemented.
The disclosure of personal information an administrative entity holds is implemented through inspection or by the delivery of copies, if that personal information is contained in the form of documents or drawings; or by means designated by the administrative organ's head or administrative entity in consideration of the type of the record, the state of its digitalization, and other factors, if that personal information is contained in the electronic or magnetic records; provided, however, that if disclosure of personal information an administrative entity holds is to be implemented through inspection, and if the administrative organ's head or administrative entity finds that inspection of the original material is likely to hinder the preservation of the documents or pictures that contain the personal information, or there are other justifiable grounds for doing so, the disclosure of the personal information may be implemented through inspection of a copy of the documents or drawings.
An administrative entity must make its rules on the means of disclosure for electronic or magnetic records based on the preceding paragraph available for public inspection.
A person to whom personal information an administrative entity holds is disclosed based upon a decision to disclose must indicate the means of implementing the disclosure that the person requests and other matters prescribed by Cabinet Order to the administrative organ's head or administrative entity that has made the decision to disclose, pursuant to the provisions of Cabinet Order.
The indication under the preceding paragraph must be made within thirty days from the date of the notice prescribed in Article 82, paragraph (1); provided, however, this does not apply if there are justifiable grounds for being unable to make the indication within that period of time.
Coordination with Disclosure Implemented by Other Laws and Regulations(他の法令による開示の実施との調整)
Article 88, paragraph (1)
Notwithstanding the main clause of paragraph (1) of the preceding Article, if personal information an administrative entity holds that is subject to a request for disclosure is to be disclosed to the person requesting disclosure by the same means as those prescribed in the main clause of that paragraph pursuant to the provisions of other laws and regulations (only within the period of time for disclosure, if it is specified), the administrative organ's head or administrative entity does not disclose the personal information the administrative entity holds by that same means; provided, however, that this does not apply when there are those provisions in other laws and regulations to the effect that disclosure is not implemented in certain cases.
If the means of disclosure designated by the provisions of other laws and regulations is public inspection, that public inspection is deemed to be inspection referred to in the main clause of paragraph (1) of the preceding Article, and the provisions of the preceding paragraph apply.
A person that makes a request for disclosure to the head of an administrative organ must pay a fee prescribed by Cabinet Order within the actual cost, pursuant to the provisions of Cabinet Order.
A person that makes a request for disclosure to a local government organ must pay a fee specified by local ordinance within the actual cost, as prescribed by local ordinance.
When the amount of the fee referred to in the preceding two paragraphs is established, consideration must be given to making the amount as affordable as possible.
前二項の手数料の額を定めるに当たっては、できる限り利用しやすい額とするよう配慮しなければならない。
Article 89, paragraph (4)
A person that makes a request for disclosure to an incorporated administrative agency or other prescribed corporation must pay a fee specified by the incorporated administrative agency or other prescribed corporation.
An incorporated administrative agency or other prescribed corporation specifies the amount of the fee referred to in the preceding paragraph within the actual cost, taking the amount of the fee referred to in paragraph (1) into consideration.
An incorporated administrative agency or other prescribed corporation must make the rules under the preceding two paragraphs available for general inspection.
独立行政法人等は、前二項の規定による定めを一般の閲覧に供しなければならない。
Article 89, paragraph (7)
A person that makes a request for disclosure to a local incorporated administrative agency must pay a fee specified by the local incorporated administrative agency.
A local incorporated administrative agency specifies the amount of the fee referred to in the preceding paragraph within the actual cost, taking the amount of the fee referred to in paragraph (2) into consideration.
Any person who thinks that the content of personal information an administrative entity holds by which that person is identifiable (the information is limited to the following; the same applies in Article 98, paragraph (1)) is untrue may make a request for correction (including addition or deletion; hereinafter the same applies in this Section) of the personal information to the administrative organ's head or administrative entity that holds it, pursuant to the provisions of this Act; provided, however, that this does not apply if a special procedure for correction of the personal information the administrative entity holds is prescribed by other laws and regulations:
personal information the administrative entity holds that has been disclosed based on a decision to disclose;
開示決定に基づき開示を受けた保有個人情報
Article 90, paragraph (1), item (ii)(訂正請求権)
personal information the administrative entity holds that is subject to a decision to disclose, and has been disclosed pursuant to the provisions of other laws and regulations as provided for in Article 88, paragraph (1).
開示決定に係る保有個人情報であって、第八十八条第一項の他の法令の規定により開示を受けたもの
Article 90, paragraph (2)(訂正請求権)(Right to Request Correction)Changed
An agent may make a request for correction (hereinafter referred to as a "request for correction" in this Section, Article 125-2, paragraph (2), and Article 127) as prescribed in the preceding paragraph on behalf of the identifiable person.
A request for correction must be made within ninety days from the date of disclosure of personal information an administrative entity holds.
訂正請求は、保有個人情報の開示を受けた日から九十日以内にしなければならない。
Article 91第九十一条
Procedures for Requests for Correction(訂正請求の手続)
Article 91, paragraph (1)
A document describing the matters listed in the following (referred to as a "written request for correction" in paragraph (3)) must be submitted to an administrative organ's head or administrative entity for a request for correction:
the name and address or residence of the person making a request for correction;
訂正請求をする者の氏名及び住所又は居所
Article 91, paragraph (1), item (ii)
the date of disclosure of the personal information the administrative entity holds that is subject to the request for correction and other matters sufficient for specifying the personal information the administrative entity holds;
訂正請求に係る保有個人情報の開示を受けた日その他当該保有個人情報を特定するに足りる事項
Article 91, paragraph (1), item (iii)
an outline of the request for correction and the grounds for it.
訂正請求の趣旨及び理由
Article 91, paragraph (2)
In the case referred to in the preceding paragraph, a person making a request for correction must present or submit a document to indicate that the person is identifiable by the information an administrative entity holds that is subject to the request for correction (or the in the case of a request for correction under paragraph (2) of the preceding Article, the agent of the identifiable person), pursuant to the provisions of Cabinet Order.
If an administrative organ's head or administrative entity finds a formal deficiency in a written request for correction, the administrative organ's head or administrative entity may ask the person who made the request for correction (hereinafter referred to as a "person requesting correction" in this Section) to amend the request, by setting a reasonable period of time.
Obligation to Correct Personal Information an Administrative Entity Holds(保有個人情報の訂正義務)
Article 92, paragraph (1)
If a request for correction is filed and an administrative organ's head or administrative entity finds that there are grounds for that request for correction, they must correct the personal information the administrative entity holds that is subject to the request for correction within the scope necessary for achieving the purpose of use of that personal information.
Measures Concerning a Request for Correction(訂正請求に対する措置)
Article 93, paragraph (1)
When correcting the personal information an administrative entity holds that is subject to a request for correction, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting correction of that decision in writing.
When not correcting the personal information an administrative entity holds that is subject to a request for correction, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting correction of that decision in writing.
The decisions referred to in the items of the preceding Article (hereinafter referred to as a "decisions on correction" in this Section) must be made within thirty days from the date of a request for correction; provided, however, that if an amendment is requested pursuant to the provisions of Article 91, paragraph (3), the number of days required for that amendment is not included within this period of time.
Notwithstanding the provisions of the preceding paragraph, if there are justifiable grounds such as difficulties arising from conducting processes, an administrative organ's head or administrative entity may extend the period of time prescribed in that paragraph for up to thirty days. In this case, the administrative organ's head or administrative entity must notify the person requesting correction in writing of the extended period and the grounds for the extension.
Exceptions to the Due Date for Decisions on Correction(訂正決定等の期限の特例)
Article 95, paragraph (1)
Notwithstanding the provisions of the preceding Article, if an administrative organ's head or administrative entity finds that to make a decision on correction would require a particularly long period of time, it is sufficient for them to make a decision on correction within a reasonable period of time. In this case, the administrative organ's head or administrative entity must notify the person requesting correction in writing of the following matters within the period of time prescribed in paragraph (1) of that Article:
the application of this Article and the grounds for its application;
この条の規定を適用する旨及びその理由
Article 95, paragraph (1), item (ii)
due date for making a decision on correction.
訂正決定等をする期限
Article 96第九十六条
Transfer of Cases(事案の移送)
Article 96, paragraph (1)
An administrative organ's head or administrative entity may transfer the case to another head or entity upon consulting them, if the personal information the administrative entity holds that is subject to a request for correction is disclosed pursuant to Article 85, paragraph (3), or there are justifiable grounds for that other head or entity to make a decision on correction. In this case, the administrative organ's head or administrative entity that has transferred the case must notify the person requesting correction to the effect that the case has been transferred in writing.
If a case has been transferred pursuant to the provisions of the preceding paragraph, the administrative organ's head or administrative entity to which the case has been transferred must make a decision on correction in relation to the relevant request for correction. In this case, actions that the administrative organ's head or administrative entity that has transferred the case has made prior to the transfer are deemed to be those that the administrative organ's head or administrative entity to which the case has been transferred has made.
In the case referred to in the preceding paragraph, when the administrative organ's head or administrative entity to which the case has been transferred makes a decision referred to in Article 93, paragraph (1) (hereinafter referred to as a "decision to make a correction" in this paragraph and the following Article), the administrative organ's head or administrative entity that has transferred the case must implement the correction based on that decision to make a correction.
Notification to A Party to which Personal Information an Administrative Entity Holds is Provided(保有個人情報の提供先への通知)
Article 97, paragraph (1)
If an administrative organ's head or administrative entity has implemented a correction of personal information the administrative entity holds based on a decision to make a correction, and the head or entity finds it necessary to do so, they must give a notification to that effect in writing without delay to a party to which the personal information the administrative entity holds has been provided.
Any person who thinks that personal information an administrative entity holds by which that person is identifiable falls under any of the following items may make a request for the measures specified in those items to the administrative organ's head or administrative entity that holds the personal information, pursuant to the provisions of this Act; provided, however, that this does not apply if a special procedure for ceasing to use personal information the administrative entity holds, deleting that personal information, or ceasing to provide that personal information (hereinafter referred to as "ceasing to use personal information" in this Section) is prescribed by other laws and regulations:
Article 98, paragraph (1), item (i)(利用停止請求権)(Right to Request Ceasing to Use Personal Information)Changed
if the personal information the administrative entity holds is held in violation of Article 61, paragraph (2), is handled in violation of Article 63, Article 71-2, or Article 72-3, paragraph (1), (5), or (9), is acquired in violation of Article 64, or is used in violation of Article 69, paragraphs (1) and (2):ceasing to use or deleting that personal information;
Article 98, paragraph (1), item (ii)(利用停止請求権)(Right to Request Ceasing to Use Personal Information)Changed
if the personal information the administrative entity holds is provided in violation of Article 69, paragraphs (1) and (2) or, Article 71, paragraph (1):, Article 71-2, or Article 72-3, paragraph (10): ceasing to provide that personal information.
Article 98, paragraph (2)(利用停止請求権)(Right to Request Ceasing to Use Personal Information)Changed
An agent may make a request for ceasing to use personal information (hereinafter referred to as a "request for ceasing to use personal information" in this Section, Article 125-2, paragraph (2), and Article 127) prescribed in the preceding paragraph on behalf of the identifiable person.
A request for ceasing to use personal information must be made within ninety days from the date of disclosure of the personal information the administrative entity holds.
利用停止請求は、保有個人情報の開示を受けた日から九十日以内にしなければならない。
Article 99第九十九条
Procedures for Request for Ceasing to Use Personal Information(利用停止請求の手続)
Article 99, paragraph (1)
For a request for ceasing to use personal information, a document describing the matters listed in the following (referred to as a "written request for ceasing to use personal information" in paragraph (3)) must be submitted to the administrative organ's head or administrative entity:
the name and address or residence of the person making a request for ceasing to use personal information;
利用停止請求をする者の氏名及び住所又は居所
Article 99, paragraph (1), item (ii)
the date of disclosure of the personal information the administrative entity holds that is subject to the request for ceasing to use personal information, and other matters sufficient for specifying that personal information;
利用停止請求に係る保有個人情報の開示を受けた日その他当該保有個人情報を特定するに足りる事項
Article 99, paragraph (1), item (iii)
an outline of the request for ceasing to use personal information and the grounds for it.
利用停止請求の趣旨及び理由
Article 99, paragraph (2)
In the case referred to in the preceding paragraph, the person making a request for ceasing to use personal information must present or submit a document to indicate that the person is identifiable by the personal information the administrative entity holds that is subject to the request for the cessation (or the agent of the identifiable person, in the case of a request for ceasing to use personal information that is made pursuant to the provisions of paragraph (2) of the preceding Article).
When an administrative organ's head or administrative entity finds that there is a formal deficiency of a written request for ceasing to use personal information, the head or entity may ask the person having made the request for ceasing to use personal information (hereinafter referred to as a "person making a request for ceasing to use personal information" in this Section) to amend that request, by setting a reasonable period of time.
Obligation for Ceasing to Use Personal Information an Administrative Entity Holds(保有個人情報の利用停止義務)
Article 100, paragraph (1)
When a request for ceasing to use personal information is filed, and an administrative organ 's head or administrative entity finds that there are grounds for the request, the head or entity must cease to use the personal information the administrative entity holds that is subject to the request within the scope necessary for ensuring the proper handling of personal information in the administrative entity to which the administrative organ's head or administrative entity belongs; provided, however, that this does not apply if it is found that ceasing to use the personal information the administrative entity holds is likely to hinder the proper execution of the process or service relating to the purpose of use of that personal information due to their nature.
Measures on a Request for Ceasing to Use Personal Information(利用停止請求に対する措置)
Article 101, paragraph (1)
When ceasing to use personal information an administrative entity holds that is subject to a request for ceasing to use personal information, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person making a request for the cessation to that effect in writing.
When not ceasing to use personal information an administrative entity holds that is subject to a request for ceasing to use personal information, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person making a request for the cessation to that effect in writing.
Due Date for Decisions on Ceasing to Use Personal Information(利用停止決定等の期限)
Article 102, paragraph (1)
A decision set forth in the paragraphs of the preceding Article (hereinafter referred to as a "decision on ceasing to use personal information" in this Section) must be made within thirty days from the date of a request for ceasing to use personal information; provided, however, that in cases in which an amendment is requested pursuant to the provisions of Article 99, paragraph (3), the number of days required for the amendment is not included within that period of time.
Notwithstanding the provisions of the preceding paragraph, if there are justifiable grounds such as difficulties arising from conducting processes, an administrative organ's head or administrative entity may extend the period of time prescribed in that paragraph for up to thirty days. In this case, the administrative organ's head or administrative entity must notify the person making a request for ceasing to use personal information in writing of the extended period and the grounds for the extension, without delay.
Exception to the Due Date for Decisions on Ceasing to Use Personal Information(利用停止決定等の期限の特例)
Article 103, paragraph (1)
Notwithstanding the provisions of the preceding Article, if an administrative organ's head or administrative entity finds that making a decision on ceasing to use personal information would require a particularly long period of time, it is sufficient for them to make a decision on ceasing to use the personal information within a reasonable period of time. In this case, the administrative organ's head or administrative entity must notify the person making a request for ceasing to use the personal information in writing of the following matters within the period of time prescribed in paragraph (1) of that Article:
the application of this Article and the grounds for its application;
この条の規定を適用する旨及びその理由
Article 103, paragraph (1), item (ii)
the due date for making a decision on ceasing to use the personal information.
利用停止決定等をする期限
Subsection 4 Appeals for Review第四款 審査請求
Article 104第百四条
Exclusion from Application of Provisions Concerning Review Proceedings by Review Officers(審理員による審理手続に関する規定の適用除外等)
Article 104, paragraph (1)
The provisions of Article 9, Article 17, Article 24, Chapter II, Sections 3 and 4, and Article 50, paragraph (2) of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply to an appeal for review to any inaction of an administrative organ's head or administrative entity (excluding a local government organ or a local incorporated administrative agency; the same applies in the following paragraph and the following Article) in relation to a decision on disclosure, a decision on correction, a decision on ceasing to use personal information, or in relation to a request for disclosure, a request for correction, or a request for ceasing to use personal information.
When applying the provisions in Chapter II of the Administrative Complaint Review Act to an appeal for review to any inaction of an administrative organ's head or administrative entity in relation to a decision on disclosure, a decisions on correction, a decision ceasing to use personal information, or in relation to a request for disclosure, a request for correction, or a request for ceasing to use personal information, the term "a person who has been designated pursuant to the provisions of Article 9, paragraph (1) (hereinafter referred to as a "review officer)" in Article 11, paragraph (2) of that Act is deemed to be replaced with "an administrative agency (including an administrative agency that takes over the appeal for review pursuant to the provisions in Article 14; hereinafter referred to as a "reviewing agency") to which an appeal for review has been filed pursuant to the provisions in Article 4 (including a Cabinet Order issued pursuant to Article 107, paragraph (2) of the Act on the Protection of Personal Information (Act No. 57 of 2003)"); the term "review officer" in Article 13, paragraphs (1) and (2) of that Act is deemed to be replaced with the term "reviewing agency"; the phrase "has been filed or a written opinion to suggest the necessity to order a stay of execution as prescribed in Article 40 has been submitted by a review officer" in Article 25, paragraph (7) of that Act is deemed to be replaced with "has been filed"; the term "Administrative Complaint Review Board, etc." in Article 44 of that Act is deemed to be replaced with "Information Disclosure and Personal Information Protection Review Board (or a review board specified by another law if the President of the Board of Audit is the reviewing agency, the same applies in Article 50, paragraph (1), item (iv))"; in that Article, the phrase "has received a report to its consultation from the Administrative Complaint Review Board, etc. (or when a review officer's written opinion has been submitted in cases in which the consultation pursuant to the provisions of paragraph (1) of the preceding Article is not necessary (excluding the cases falling under item (ii) or (iii) of that paragraph), or when deliberations prescribed in item (ii) or (iii) of that paragraph have been held in the cases falling under item (ii) or (iii) of that paragraph)" is deemed to be replaced with "has received a report to its consultation from the Administrative Complaint Review Board, etc."; and the term "the review officer's written opinion or the written report from the Administrative Complaint Review Board, etc. or the Council, etc." in Article 50, paragraph (1), item (iv) of that Article is deemed to be replaced with "the Information Disclosure and Personal Information Protection Review Board".
Except in the cases that fall under any of the following items, when an appeal for review is filed for any inaction related to a decision on disclosure, a decisions on correction, or a decision on ceasing to use personal information, or related to a request for disclosure, a request for correction, or a request for ceasing to use personal information, the administrative organ's head or administrative entity that is expected to make a determination on that appeal for review must consult the Information Disclosure and Personal Information Protection Review Board (or with a review board separately provided for by law, if the administrative organ's head or administrative entity that is expected to make a determination on the appeal is the President of the Board of Audit):
if the appeal for review is unlawful and is to be dismissed;
審査請求が不適法であり、却下する場合
Article 105, paragraph (1), item (ii)
if the whole appeal for review is upheld, and it is determined that all of the personal information the administrative entity holds that is subject to the appeal is to be disclosed (excluding cases in which a written opposition opinion has been submitted for the disclosure of the personal information the administrative entity holds);
if it is determined that the whole appeal for review is upheld and corrections to the personal information the administrative entity holds that is subject to the appeal are made;
裁決で、審査請求の全部を認容し、当該審査請求に係る保有個人情報の訂正をすることとする場合
Article 105, paragraph (1), item (iv)
if it is determined that the whole appeal for review is accepted and the use of the personal information the administrative entity holds that is subject the appeal is to cease.
裁決で、審査請求の全部を認容し、当該審査請求に係る保有個人情報の利用停止をすることとする場合
Article 105, paragraph (2)
An administrative organ's head or administrative entity that has made a consultation pursuant to the provisions of the preceding paragraph must notify the following persons to that effect:
an appellant and an intervenor (meaning an intervenor as prescribed in Article 13, paragraph (4) of the Administrative Complaint Review Act; hereinafter the same applies in this paragraph and Article 107, paragraph (1), item (ii));
a person requesting disclosure, a person requesting correction, or a person making a request for ceasing to use personal information (excluding cases in which that person is an appellant or an intervenor);
開示請求者、訂正請求者又は利用停止請求者(これらの者が審査請求人又は参加人である場合を除く。)
Article 105, paragraph (2), item (iii)
a third party that has submitted a written opposition opinion regarding a disclosure of personal information an administrative entity holds that is subject to the appeal for review (excluding cases in which that third party is an appellant or an intervenor).
The provisions of the preceding two paragraphs apply mutatis mutandis to a local government organ or a local incorporated administrative agency. In this case, the phrase "Information Disclosure and Personal Information Protection Review Board (or with a review board separately provided for by law, if the administrative organ's head or administrative entity that is expected to make a determination on the appeal is the President of the Board of Audit" in paragraph (1) is replaced with "organ referred to in Article 81, paragraph (1) or paragraph (2) of the Administrative Complaint Review Act".
Exclusion from Application of Provisions Concerning Review Proceedings by Review Officers for Local Government Organs(地方公共団体の機関等における審理員による審理手続に関する規定の適用除外等)
Article 106, paragraph (1)
The provisions of Article 9, paragraphs (1) through (3), Article 17, Article 40, Article 42, Chapter II, Section 4, and Article 50, paragraph (2) of the Administrative Complaint Review Act do not apply to an appeal for review to any inaction of a local government organ or a local incorporated administrative agency in relation to a decision on disclosure, a decision on correction, a decision on ceasing to use personal information, or in relation to a request for disclosure, a request for correction, or a request for ceasing to use personal information.
With respect to the application of the provisions of the Administrative Complaint Review Act set forth in the left-hand column of the following table regarding an appeal for review to any inaction of a local government organ or a local incorporated administrative agency in relation to a decision on disclosure, a decision on correction, a decision on ceasing to use personal information, or in relation to a request for disclosure, a request for correction, or a request for ceasing to use personal information, the terms set forth in the middle column of that table that are used in these provisions are deemed to be replaced with the terms set forth in the right-hand column of that table; and any other necessary technical replacement of terms is specified by Cabinet Order.
Article 9, paragraph (4)
In the case prescribed in the preceding paragraph, if it is found necessary, the reviewing agency
If it is found necessary, the administrative agency that has received a request for review pursuant to Article 4 or ordinance based on the provision of Article 107, paragraph (2) of Act on the Protection of Personal Information (Act No.57 of 2003) (including an administrative agency that takes over the appeal for review pursuant to the provisions in Article 14; hereinafter referred to as a "reviewing agency")
Article 31, paragraph (1) as applied pursuant to the preceding paragraph following the deemed replacement of the terms
Article 31, paragraph (1) as applied pursuant to Article 106, paragraph (2) of that Act following the deemed replacement of the terms
Article 34 as applied pursuant to the preceding paragraph following the deemed replacement of the terms
Article 34 as applied pursuant to Article 106, paragraph (2) of that Act following the deemed replacement of the terms
Article 36 as applied pursuant to the preceding paragraph following the deemed replacement of the terms
Article 36 as applied pursuant to Article 106, paragraph (2) of that Act following the deemed replacement of the terms
Article 11, paragraph (2)
a person who has been designated pursuant to the provisions of Article 9, paragraph (1) (hereinafter referred to as a "review officer")
the reviewing agency
Article 13, paragraph (1) and (2), Article 28, Article 30, Article 31, Article 32, paragraph (3), Articles 33 through 37, Article 38, paragraphs (1) through (3) and (5), Article 39, and Article 41, paragraph (1) and (2)
review officer
reviewing agency
Article 25, paragraph (7)
When a petition for a stay of execution has been filed or a written opinion to suggest the necessity to order a stay of execution as prescribed in Article 40 has been submitted by a review officer
When a petition for a stay of execution has been filed
Article 29, paragraph (1)
When having been appointed by the reviewing agency, a review officer must immediately
When a request for review has been filed, except for the case of dismissing the request for review without prejudice pursuant to the provisions of Article 24, the reviewing agency must promptly
Article 29, paragraph (2)
A review officer
The reviewing agency that falls under any category other than the administrative agency, etc. reaching the disposition
administrative agency, etc. reaching the disposition to submit a written explanation
submission of a written explanation, and the reviewing agency that falls under the administrative agency, etc. reaching the disposition is to prepare a written explanation within an appropriate period of time
Article 29, paragraph (5)
a review officer
the reviewing agency
from the administrative agency, etc. reaching the disposition
from the administrative agency , etc.reaching the disposition or the reviewing agency has prepared a written explanation pursuant to the provisions of paragraph (2)
Article 30, paragraph (3)
intervenors and the administrative agency, etc. reaching the disposition
intervenors and the administrative agency, etc. reaching the disposition (when the administrative agency reaching the disposition falls under the reviewing agency, intervenors)
relevant requestor for review and the administrative agency, etc. reaching the disposition
relevant requestor for review and the administrative agency, etc. reaching the disposition (when the administrative agency reaching the disposition falls under the reviewing agency, the relevant requestor for review)
Article 31, paragraph (2)
all of the persons concerned with proceedings
all of the persons concerned with proceedings (when the administrative agency, etc. reaching the disposition falls under the reviewing agency, the relevant requestor for review and intervenors; hereinafter, the same applies in this Section and Article 50, paragraph (1), item (iii))
Article 41, paragraph (3)
a review officer
the reviewing agency
the review officer should promptly give a notice to the persons concerned with proceedings to inform them of the conclusion of the procedures for proceedings and the time when the written opinion of the review officer prescribed in paragraph (1) of the following Article and the case record (meaning the written request for review, written explanation, and other documents and articles pertaining to the case wherein the request for review has been filed, which are specified by Cabinet Order; the same applies in paragraph (2) of the following Article and Article 43, paragraph (2)) are scheduled to be submitted to the Reviewing Agency. The same applies when the scheduled time of submission is altered
the reviewing agency should promptly give a notice to the persons concerned with proceedings to inform them of the conclusion of the procedures for proceedings
Article 44
the Administrative Complaint Review Board, etc.
the organ set forth in Article 81, paragraph (1) or (2)
(or when a review officer's written opinion has been submitted in the case where the consultation pursuant to the provisions of paragraph (1) of the preceding Article is not necessary (excluding the cases falling under item (ii) or (iii) of the relevant paragraph), or when deliberations prescribed in item (ii) or (iii) of the relevant paragraph have been held in the cases falling under item (ii) or (iii) of the relevant paragraph)
[Deleted]
Article 50, paragraph (1), item(iv)
the review officer's written opinion or the written reply from the Administrative Complaint Review Board, etc. or the council, etc.
the written reply from the organ set forth in Article 81, paragraph (1) or (2)
Article 74 as applied mutatis mutandis in Article 81, paragraph (3)
the reviewing agency that has consulted with the board pursuant to the provisions of Article 43, paragraph (1)
Procedures in Cases in Which an Appeal for Review from a Third Party is Dismissed(第三者からの審査請求を棄却する場合等における手続等)
Article 107, paragraph (1)
The provisions of Article 86, paragraph (3) apply mutatis mutandis to the cases in which the determination falls under any of the following items:
第八十六条第三項の規定は、次の各号のいずれかに該当する裁決をする場合について準用する。
Article 107, paragraph (1), item (i)
a determination to dismiss without prejudice or dismiss with prejudice on the merits an appeal for review from a third party against a decision to disclose;
開示決定に対する第三者からの審査請求を却下し、又は棄却する裁決
Article 107, paragraph (1), item (ii)
a determination that alters a decision on disclosure subject to an appeal for review (excluding a determination to disclose all of the personal information the administrative entity holds that is subject to a request for disclosure), and discloses the personal information relating to that appeal (limited to the case in which a third party intervenor has manifested an intention to oppose the disclosure of the information on that third party).
With regard to an appeal for review to any inaction related to a decision on disclosure, a decision on correction, a decision on ceasing to use personal information, or related to a request for disclosure, a request for correction, or a request for ceasing to use personal information, the special provisions prescribed in Article 4 of the Administrative Complaint Review Act may be established as provided for by Cabinet Order (or as provided for by local ordinance, in cases of a local government organ or local incorporated administrative agency).
Subsection 5 Relationships with Local Ordinances第五款 条例との関係
Article 108第百八条
Article 108, paragraph (1)
The provisions in this Section do not preclude a local government from providing necessary provisions by local ordinance regarding matters concerning the procedure for disclosing, correcting, or ceasing to use personal information an administrative entity holds, or for a request for review, unless they violate the provisions in this Section.
Article 109, paragraph (1)(行政機関等匿名加工情報の作成及び提供等)(Preparation and Provision of Anonymized Personal Information Administrative Entities Hold)Changed
An administrative organ's head or administrative entity may prepare anonymized personal information the administrative entity holds (limited to information constituting anonymized personal information files the administrative entity holds; hereinafter the same applies in this Section (excluding Article 121-2)) pursuant to the provisions of this Section.
Except cases that fall under any of the following items, an administrative organ's head or administrative entity must not provide other persons with anonymized personal information the administrative entity holds:
cases in which the administrative organ's head or administrative entity is allowed to provide the personal information the administrative entity holds to a third party for a purpose of use, and the administrative organ's head or administrative entity seeks to provide the third party with anonymized personal information the administrative entity holds into which the personal information in question has been processed;
Notwithstanding the provisions of Article 69 and except cases based on laws and regulations, an administrative organ's head or administrative entity must not personally use or provide other persons with deleted information (limited to information constituting personal information the administrative entity holds) for any purpose other than the purpose of use.
The term "deleted information" in the preceding paragraph means an identifier or the equivalent or individual identification code deleted from personal information an administrative entity holds which was used to prepare anonymized personal information it holds.
Registration of Matters Relating to the Requests for Proposals in Personal Information File Registers(提案の募集に関する事項の個人情報ファイル簿への記載)
Article 110, paragraph (1)
If an administrative organ's head or administrative entity finds that a personal information file held by the administrative entity to which the head or entity in question belongs falls under all of the items in Article 60, paragraph (3), the following matters regarding that personal information file must be registered in the personal information file register; in applying the provisions in Article 75, paragraph (1) to that personal information file in this case, the term "item (x)" in that paragraph is deemed to be replaced with "item (x) and each item in Article 110":
an indication that the personal information file is the subject matter of proposals requested under Article 112, paragraph (1);
第百十二条第一項の提案の募集をする個人情報ファイルである旨
Article 110, paragraph (1), item (ii)
the name and address of the organization receiving a proposal under Article 112, paragraph (1).
第百十二条第一項の提案を受ける組織の名称及び所在地
Article 111第百十一条
Requesting Proposals(提案の募集)
Article 111, paragraph (1)
As provided for by Order of the Personal Information Protection Commission, an administrative organ's head or administrative entity is to periodically request a proposal as specified in paragraph (1) of the following Article on a personal information file held by the administrative entity to which the head or entity in question belongs (limited to those for which matters listed in item (i) of the preceding Article are registered in the personal information file register; hereinafter the same applies in this Section).
Proposals on the Business to be Conducted Using Anonymized Personal Information an Administrative Entity Holds(行政機関等匿名加工情報をその用に供して行う事業に関する提案)
Article 112, paragraph (1)
In response to a request under the preceding Article, if a person intends to use, for their business, anonymized personal information an administrative entity holds into which personal information constituting a personal information file it holds has been processed, that person may submit a proposal on their business to the administrative organ's head or administrative entity.
A written document stating all of the following matters must be submitted to the administrative organ's head or administrative entity according to Order of the Personal Information Protection Commission for the proposal referred to in the preceding paragraph:
the name and address of the person submitting the proposal, and the name of the representative if the person is a corporation or any other organization;
提案をする者の氏名又は名称及び住所又は居所並びに法人その他の団体にあっては、その代表者の氏名
Article 112, paragraph (2), item (ii)
the name of the personal information file relating to the proposal;
提案に係る個人情報ファイルの名称
Article 112, paragraph (2), item (iii)
the number of persons identifiable by the anonymized personal information the administrative entity holds that is related to the proposal;
提案に係る行政機関等匿名加工情報の本人の数
Article 112, paragraph (2), item (iv)
beyond what is set forth in the preceding item, matters sufficient to identify the method of processing under Article 116, paragraph (1) that is used for preparing the anonymized personal information the administrative entity holds that is related to the proposal;
the purpose and method of use of the anonymized personal information the administrative entity holds that is related to the proposal, and the description of the business in which the anonymized personal information the administrative entity holds is to be used;
the period during which the anonymized personal information the administrative entity holds that is related to the proposal is to be used for the business referred to in the preceding item;
提案に係る行政機関等匿名加工情報を前号の事業の用に供しようとする期間
Article 112, paragraph (2), item (vii)
measures to be taken for preventing the leaking and for other proper management of the anonymized personal information the administrative organ entity holds that is related to the proposal;
beyond what is set forth in each preceding item, matters prescribed by Order of the Personal Information Protection Commission.
前各号に掲げるもののほか、個人情報保護委員会規則で定める事項
Article 112, paragraph (3)
The documents referred to in the preceding paragraph must be accompanied by the documents listed below and other documents specified by Order of the Personal Information Protection Commission:
前項の書面には、次に掲げる書面その他個人情報保護委員会規則で定める書類を添付しなければならない。
Article 112, paragraph (3), item (i)
a written pledge that the person making the proposal referred to in paragraph (1) does not fall under any of the items of the following Article;
第一項の提案をする者が次条各号のいずれにも該当しないことを誓約する書面
Article 112, paragraph (3), item (ii)
a document making it clear that the business referred to in item (v) of the preceding paragraph contributes to the creation of new industries, the realization of a vibrant economic society, or enriching quality of life for the Japanese public.
A person falling under one of the following items may not make a proposal in paragraph (1) of the preceding Article:
次の各号のいずれかに該当する者は、前条第一項の提案をすることができない。
Article 113, paragraph (1), item (i)
a minor;
未成年者
Article 113, paragraph (1), item (ii)
any person specified by Order of the Personal Information Protection Commission as being unable to properly conduct business which uses anonymized personal information an administrative entity holds that is related to the proposal under paragraph (1) of the preceding Article due to a mental or physical disorder;
a person subject to an order commencing bankruptcy proceedings that has not been released from bankruptcy restrictions;
破産手続開始の決定を受けて復権を得ない者
Article 113, paragraph (1), item (iv)
a person that has been sentenced to imprisonment or a heavier punishment or sentenced under the provisions of this Act, if two years have not yet elapsed since the date on which the person finished serving the sentence or was not subject to its enforcement;
a person whose contract to use anonymized personal information that an administrative entity holds was canceled under Article 120, if two years have not yet elapsed since the date of the cancellation;
a person that is a corporation or any other organization, and has any of its officers falls under either of the condition referred to in one of the preceding items.
法人その他の団体であって、その役員のうちに前各号のいずれかに該当する者があるもの
Article 114第百十四条
Examination of Proposals(提案の審査等)
Article 114, paragraph (1)
If a proposal referred to in Article 112, paragraph (1) is submitted, the administrative organ's head or administrative entity must examine whether it meets the following criteria:
the person making the proposal referred to in Article 112, paragraph (1) does not fall under any of the items in the preceding Article;
第百十二条第一項の提案をした者が前条各号のいずれにも該当しないこと。
Article 114, paragraph (1), item (ii)
the number of persons identifiable by the anonymized personal information the administrative entity holds that is related to the proposal referred to in Article 112, paragraph (2), item (iii) is equal to or more than the number specified by Order of the Personal Information Protection Commission from the viewpoint of effective use of that anonymized personal information, and is less than or equal to the number of persons identifiable by the personal information the administrative entity holds that constitutes the personal information file related to the proposal;
the processing method specified under Article 112, paragraph (2), items (iii) and (iv) conforms to the criteria referred to in Article 116, paragraph (1);
the business referred to in Article 112, paragraph (2), item (v) contributes to the creation of new industries, or the realization of a vibrant economic society, or enriching quality of life for the Japanese public;
the period referred to in Article 112, paragraph (2), item (vi) does not exceed the period specified by Order of the Personal Information Protection Commission from the viewpoint of effective use of anonymized personal information the administrative entity holds;
the purpose and method of use of the anonymized personal information the administrative entity holds that is related to the proposal referred to in Article 112, paragraph (2), item (v), and the measures referred to in item (vii) of that paragraph are appropriate for protecting the rights and interests of persons identifiable by that anonymized personal information;
beyond what is set forth in each preceding item, the proposal conforms to the criteria prescribed by Order of the Personal Information Protection Commission.
前各号に掲げるもののほか、個人情報保護委員会規則で定める基準に適合するものであること。
Article 114, paragraph (2)
If, as a result of the examination under the preceding paragraph, the administrative organ's head or administrative entity finds that the proposal referred to in Article 112, paragraph (1) conforms to all of the criteria listed in the items of the preceding paragraph, the administrative organ's head or administrative entity is to notify the person that has submitted the proposal of the following matters, pursuant to the provisions of the Order of the Personal Information Protection Commission:
an indication that the person may conclude a contract with the administrative organ's head or administrative entity for the use of the anonymized personal information the administrative entity holds, pursuant to the provisions of the following Article;
beyond what is set forth in the preceding item, matters prescribed by Order of the Personal Information Protection Commission.
前号に掲げるもののほか、個人情報保護委員会規則で定める事項
Article 114, paragraph (3)
If, as a result of the examination under paragraph (1), the administrative organ's head or administrative entity finds that the proposal referred to in Article 112, paragraph (1) does not conform to one of the criteria listed in the items of paragraph (1), the administrative organ's head or administrative entity is to notify the person that has submitted the proposal to that effect, and the grounds for it, pursuant to the provisions of the Order of the Personal Information Protection Commission.
Conclusion of a Contract for the Use of Anonymized Personal Information an Administrative Entity holds(行政機関等匿名加工情報の利用に関する契約の締結)
Article 115, paragraph (1)
A person that has received a notice under paragraph (2) of the preceding Article may conclude a contract with an administrative organ's head or administrative entity for the use of the anonymized personal information the administrative entity holds, pursuant to the provisions of the Order of the Personal Information Protection Commission.
Preparation of Anonymized Personal Information of an Administrative Entity(行政機関等匿名加工情報の作成等)
Article 116, paragraph (1)
If an administrative organ's head or administrative entity prepares anonymized personal information the administrative entity holds, the administrative organ's head or administrative entity must process the personal information the administrative entity holds, in accordance with the criteria specified by Order of the Personal Information Protection Commission as necessary for making it impossible to identify a specific individual or to restore that personal information to its original state
The provisions in the preceding paragraph apply mutatis mutandis if a person that an administrative entity has entrusted (including entrustment via two or more layers) with the preparation of the anonymized personal information it holds conducts that entrusted business.
Registration of Matters Relating to Anonymized Personal Information an Administrative Entity Holds in the Personal Information File Register(行政機関等匿名加工情報に関する事項の個人情報ファイル簿への記載)
Article 117, paragraph (1)
If an administrative organ's head or administrative entity prepares the anonymized personal information the administrative entity holds, the administrative organ's head or administrative entity must register the following matters in the personal information file register, for a personal information file that contains the personal information the administrative entity holds that has been used to prepare that anonymized personal information; in applying Article 75, paragraph (1) as applied pursuant to the provisions of Article 110 following the deemed replacement of the terms to the personal information file in this case, the term "and each item in Article 110" in that paragraph is deemed to be replaced with "each item in Article 110 and each item in Article 117.":
matters to describe the outline of anonymized personal information the administrative entity holds, as specified by the Order of the Personal Information Protection Commission;
行政機関等匿名加工情報の概要として個人情報保護委員会規則で定める事項
Article 117, paragraph (1), item (ii)
the name and address of the organization to which a proposal referred to in paragraph (1) of the following Article is given;
次条第一項の提案を受ける組織の名称及び所在地
Article 117, paragraph (1), item (iii)
the period during which a proposal referred to in paragraph (1) of the following Article may be submitted.
次条第一項の提案をすることができる期間
Article 118第百十八条
Proposal of Business to Be Conducted Using Prepared Anonymized Personal Information an Administrative Entity Holds(作成された行政機関等匿名加工情報をその用に供して行う事業に関する提案等)
Article 118, paragraph (1)
If a person intends to use, for their business, anonymized personal information an administrative entity holds for which matters set forth in item (i) of the preceding Article are registered in the personal information file register pursuant to the provisions of that Article, the person may submit a proposal on that business to the administrative organ's head or administrative entity. The same applies if a person has concluded a contract for the use of the anonymized personal information the administrative entity holds, pursuant to the provisions of Article 115, and seeks to alter the business for which the person will use that information.
The provisions of Article 112, paragraphs (2) and (3), and Articles 113 through 115 apply mutatis mutandis to the proposal referred to in the preceding paragraph. In this case, the term "the following matters" in Article 112, paragraph (2) is deemed to be replaced with "matters prescribed in item (i), and items (iv) through (viii)"; the term "beyond what is set forth in the preceding item, matters" in item (iv) of that paragraph is deemed to be replaced with "matters" and the phrase "identify the processing method under Article 116, paragraph (1) that is used for preparing the anonymized personal information the administrative entity holds that is related to" is deemed to be replaced with "identify"; the phrase "in each preceding item" in item (viii) of that paragraph is deemed to be replaced with "in item (i) and items (iv) through (viii)"; the term "the following criteria" in Article 114, paragraph (1) is deemed to be replaced with "the criteria prescribed in item (i), and items (iv) through (vii)"; the term "each preceding item" in item (vii) of that paragraph is deemed to be replaced with "item (i) and the preceding three items"; the term "the items of the preceding paragraph" in paragraph (2) of that Article is deemed to be replaced with "item (i) and items (iv) through (vii) of the preceding paragraph"; the term "one of the criteria listed in the items of paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "one of the criteria listed in item (i) and items (iv) through (vii) of paragraph (1)".
As prescribed by Cabinet Order, a person that concludes a contract with an administrative organ's head or administrative entity for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115, must pay a fee specified by Cabinet Order in consideration of the actual cost.
As prescribed by Cabinet Order, a person that concludes a contract with an administrative organ's head or administrative entity for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115 as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article, must pay a fee prescribed by Cabinet Order in consideration of the amount of the fee prescribed by Cabinet Order as provided for in the preceding paragraph.
As prescribed by local ordinance, a person that concludes a contract with a local government organ for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115, must pay a fee prescribed by local ordinance based on the amount prescribed by Cabinet Order in consideration of the actual cost.
As prescribed by local ordinance, a person that concludes a contract with a local government organ for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115 as applied mutatis mutandis pursuant to paragraph (2) of the preceding Article, must pay a fee specified by local ordinance based on the amount prescribed by Cabinet Order in consideration of the amount of the fee specified by Cabinet Order as provided for in the preceding paragraph.
A person that concludes a contract with an incorporated administrative agency or other prescribed corporation for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115 (including as applied mutatis mutandis pursuant to the provisions of paragraph (2) of the preceding Article; hereinafter that applies in paragraph (8) and the following Article), must pay a usage fee, as prescribed by the incorporated administrative agency or other prescribed corporation.
An incorporated administrative agency or other prescribed corporation specifies the amount of the usage fee referred to in the preceding paragraph within a range which is found to be reasonable in consideration of the actual cost.
前項の利用料の額は、実費を勘案して合理的であると認められる範囲内において、独立行政法人等が定める。
Article 119, paragraph (7)
The incorporated administrative agency or other prescribed corporation must make the rules under the preceding two paragraphs available for general inspection.
独立行政法人等は、前二項の規定による定めを一般の閲覧に供しなければならない。
Article 119, paragraph (8)
A person that concludes a contract with a local incorporated administrative agency for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115, must pay a fee specified by the local incorporated administrative agency.
A local incorporated administrative agency specifies the amount of the fee referred to in the preceding paragraph in consideration of the actual cost and the amount of the fee set forth in local ordinance as provided for in paragraph (3) or paragraph (4).
The local incorporated administrative agency must make the rules under the preceding two paragraphs available for general inspection.
地方独立行政法人は、前二項の規定による定めを一般の閲覧に供しなければならない。
Article 120第百二十条
Cancellation of a Contract for the Use of Anonymized Personal Information an Administrative Entity Holds(行政機関等匿名加工情報の利用に関する契約の解除)
Article 120, paragraph (1)
If a person that has concluded a contract for the use of anonymized personal information an administrative entity holds, pursuant to the provisions of Article 115, falls under one of the following items, the administrative organ's head or administrative entity may cancel the contract:
the contract has been concluded by deception or other wrongful means;
偽りその他不正の手段により当該契約を締結したとき。
Article 120, paragraph (1), item (ii)
the person falls under one of the items of Article 113 (including as applied mutatis mutandis pursuant to the provisions of Article 118, paragraph (2));
Except cases based on laws and regulations, in handling anonymized personal information an administrative entity holds, the administrative organ's head or administrative entity must not collate that anonymized personal information with other information in order to identify a person identifiable by personal information that was used to prepare that anonymized personal information.
Article 121, paragraph (2)(識別行為の禁止等)(Prohibition of Identifying Persons)Changed
An administrative organ's head or administrative entity must take necessary measures for proper management of the anonymized personal information the administrative entity holds, deleted information prescribed in Article 109, paragraph (4), and information on the method of the processing as performed under Article 116, paragraph (1) (hereinafter referred to as "anonymized personal information and other related information of an administrative entity" in this Article and the following Article 122), in accordance with the criteria specified by Order of the Personal Information Protection Commission as necessary for preventing the leaking of anonymized personal information and other related information of an administrative entity.
The provisions of the preceding two paragraphs apply mutatis mutandis if an administrative entity entrusts (including entrustment via two or more layers) a person to handle anonymized personal information and other related information of the administrative entity, and that person performs those entrusted activities.
Article 121-2, paragraph (1)(連絡等が可能な行政機関等匿名加工情報の不適正な取扱いの禁止)Prohibition of Inappropriate Handling of Anonymized Personal Information the Administrative Entity Holds Enabling Contact, etc.Added
The provisions of Article 72-2 apply mutatis mutandis to the handling, by an administrative organ's head or administrative entity, of anonymized personal information the administrative entity holds that contains an identifier or the equivalent set forth in any of the items of Article 2, paragraph (8) (including information that can be readily collated with other information and thereby enables that identifier or the equivalent to be identified), and to the handling of that anonymized personal information the administrative entity holds in cases in which a person that has been entrusted (including entrustment via two or more layers) by an administrative entity with the handling of that anonymized personal information the administrative entity holds conducts the entrusted business.
An employee or former employee of an administrative entity handling anonymized personal information and other related information of the administrative entity, a person engaged in or formerly engaged in the entrusted activities referred to in Article 121, paragraph (3) of the preceding Article, or a staffing agencydispatched worker or former staffing agency worker that handlesthat is or was engaged in handling anonymized personal information and other related information of an administrative entity must not disclose anonymized personal information and other related information of an administrative entity acquired in the course of that person's work to other persons without reason, or use that information for an unjust purpose.
Except cases based on laws and regulations, before providing anonymized personal information (excluding anonymized personal information an administrative entity holds; hereinafter the same applies in this Article) to a third party, an administrative entity must disclose the categories of information on an individual that is contained in anonymized personal information it will provide to the third party, and the means of providing this, and state to that third party explicitly to the effect that the information it will provide is anonymized personal information, pursuant to Order of the Personal Information Protection Commission.
Except cases based on laws and regulations, in handling anonymized personal information, an administrative entity must neither obtain information relating to the identifier or the equivalent, individual identification codes, or information on the method of processing as performed under Article 43, paragraph (1) that has been deleted from the personal information, nor collate that anonymized personal information with other information, in order to identify a person identifiable by the personal information that was used to prepare the anonymized personal information.
An administrative entity must take necessary measures for proper management of the anonymized personal information in accordance with the criteria specified by Order of the Personal Information Protection Commission as necessary for preventing the leaking of anonymized personal information.
The provisions of the preceding two paragraphs apply mutatis mutandis if an administrative entity entrusts (including entrustment via two or more layers) a person to handle its anonymized personal information and that person performs those entrusted activities.
Article 123, paragraph (5)(匿名加工情報の取扱いに係る義務)(Obligations on the Handling of Anonymized Personal Information)Added
The provisions of Article 72-2 apply mutatis mutandis to the handling, by an administrative organ's head or administrative entity, of anonymized personal information that contains an identifier or the equivalent set forth in any of the items of Article 2, paragraph (8) (including information that can be readily collated with other information and thereby enables that identifier or the equivalent to be identified).
The provisions of Section 4 do not apply to personal information an administrative entity holds in relation to a judgment in a criminal case or juvenile protection case, a disposition executed by a public prosecutor, a public prosecutor's assistant officer, or judicial police personnel, execution of a punishment or protective measure, post-incarceration rehabilitation services, or pardon (limited to personal information an administrative entity holds in relation to a person on whom that judgment or measure was delivered, a person towards whom the punishment or protective measure was executed, a person who applied for post-incarceration rehabilitation services, or a person who filed a petition for pardon).
Of the personal information an administrative entity holds (limited to information recorded in administrative or similar documents that exclusively contain the non-disclosure information prescribed in Article 5 of the Administrative Organs Information Disclosure Act, in Article 5 of the Administrative Organs Information Disclosure Act, or in the information disclosure ordinance), information that has yet to be classified or otherwise put in order and from which it is extremely difficult to retrieve particular personal information the administrative entity holds due to the existence of a very large amount of information relating to the same purpose of use is deemed as not being held by the administrative entity with respect to application of the provisions of Section 4 (excluding Subsection 4).
The provisions of this Chapter (excluding Section 1; Article 66, paragraph (1) as applied mutatis mutandis in paragraph (2) of that Article (limited to the part relating to items (iv) and (v) (limited to the part relating to item (iv) of that paragraph)); Article 75; the preceding two Sections; paragraph (2) of the preceding Article; and Article 127), Article 176, Article 179 (excluding the part relating to business prescribed in Article 66, paragraph (2), items (iv) and (v) (limited to the part relating to item (iv) of that paragraph)), and Article 182 do not apply to the handling of personal information, pseudonymized personal information or information related to personal information by a person set forth in one of those items of Article 58, paragraph (2) in the business prescribed in those items.
In cases of the handling of personal information or anonymized personal information by a person set forth in one of the items of Article 58, paragraph (1), a person set forth in item (i) of that paragraph is deemed to be an incorporated administrative agency or other prescribed corporation; a person set forth in item (ii) of that paragraph is deemed to be a local incorporated administrative agency; and the provisions of Section 1, Article 75, the preceding two Sections, paragraph (2) of the preceding Article, Article 127, and the following Chapter through Chapter 8 (excluding Article 176, Article 179 and Article 182) apply.
Article 125, paragraph (3)(適用の特例)(Exception to Application)Changed
To apply the provisions of Article 98 to a person set forth in one of the items of paragraph (1) and (2) of Article 58 (limited to cases in which business prescribed in one of the items of that paragraph is conducted), the phrase "is held in violation of Article 61, paragraph (2), is handled in violation of Article 63, Article 71-2, or Article 72-3, paragraph (1), (5), or (9), is acquired in violation of Article 64, or is used in violation of Article 69, paragraphs (1) and (2)" in paragraph (1), item (i) of that Article is deemed to be replaced with "is held in violation of Article 18, Article 19, Article 30-2, paragraph (4) or (9), Article 1930-3, or Article 31-3, paragraph (5), or is obtained in violation of Article 20"; and the term "Article 69, paragraphparagraphs (1) and (2) or, Article 71, paragraph (1), Article 71-2, or Article 72-3, paragraph (10)" in item (ii) of that paragraph is deemed to be replaced with "Article 27, paragraph (1), Article 28, Article 30-2, paragraph (10) or (11), or Article 2831-3, paragraph (6) or (7)".
Responsibilities, etc. of Administrative Organs' Heads or Administrative Entities Concerning the Handling of Personal or Other Related Information of Minors
Article 125-2, paragraph (1)(未成年者の個人情報等の取扱いに関する行政機関の長等の責務等)Responsibilities, etc. of Administrative Organs' Heads or Administrative Entities Concerning the Handling of Personal or Other Related Information of MinorsAdded
When handling personal or other related information concerning minors, an administrative organ's head or administrative entity must endeavor to take necessary measures so as not to harm the rights or interests of minors, after giving primary consideration to their best interests in accordance with their age and degree of development.
Article 125-2, paragraph (2)(未成年者の個人情報等の取扱いに関する行政機関の長等の責務等)Responsibilities, etc. of Administrative Organs' Heads or Administrative Entities Concerning the Handling of Personal or Other Related Information of MinorsAdded
When making a request for disclosure, a request for correction, or a request for ceasing to use personal information (or, for the legal representative of the identifiable person under 16 years of age, when making a request for disclosure, a request for correction, or a request for ceasing to use personal information, or giving the consent under Article 69, paragraph (2), item (i) or Article 71, paragraph (1), as applied following the deemed replacement of terms pursuant to Article 71-3), the legal representative of the identifiable person who is a minor must give primary consideration to the best interests of that identifiable person.
The head of an administrative organ may delegate the authority or processes prescribed in Section 2 through the preceding Section (excluding Article 74 and Section 4, Subsection 4) to employees of that administrative organ, pursuant to Cabinet Order (or in the case of an organ established under the jurisdiction of the Cabinet o in the case of the Board of Audit, pursuant to an order of those organs).
Provision of Information to a Person That Intends to Make a Request or Proposal(開示請求等をしようとする者に対する情報の提供等)
Article 127, paragraph (1)
In order to allow a person that intends to make a request for disclosure, a request for correction, a request for ceasing to use personal information, or a proposal under Article 112, paragraph (1) or Article 118, paragraph (1) (hereinafter referred to as a "request or proposal" in this Article) to make that request or proposal easily and appropriately, an administrative organ's head or administrative entity is to provide information that contributes to specifying the personal information held by the administrative entity to which the head or entity in question belongs, and is also to take other adequate measures in consideration of convenience for the person that intends to make the request or proposal.
Article 128, paragraph (1)(行政機関等における個人情報等の取扱いに関する苦情処理)(Complaint Processing on the Handling of Personal or Other Related Information by an Administrative Entity)Changed
An administrative organ's head or administrative entity must endeavor to properly and expeditiously process a complaint on the handling of personal information, sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, provided personal data, etc. for statistical compilation or similar analysis, pseudonymized personal information or anonymized personal information in that administrative entity.
Consultation with Council Established in a Local Government(地方公共団体に置く審議会等への諮問)
Article 129, paragraph (1)
When implementing measures referred to in Section 3 of Chapter III, a local government organ may consult a council or other collegial body as prescribed by local ordinance, if it is found necessary to hear the opinion based on expertise in order to ensure the proper handling of personal information.
Chapter VI The Personal Information Protection Commission第六章 個人情報保護委員会
Section 1 Establishment第一節 設置等
Article 130第百三十条
Establishment(設置)
Article 130, paragraph (1)
The Personal Information Protection Commission (hereinafter referred to as the "Commission") is to be established based on the provisions of Article 49, paragraph (3) of the Act for Establishment of the Cabinet Office.
内閣府設置法第四十九条第三項の規定に基づいて、個人情報保護委員会(以下「委員会」という。)を置く。
Article 130, paragraph (2)
The Commission belongs to the jurisdiction of the Prime Minster.
委員会は、内閣総理大臣の所轄に属する。
Article 131第百三十一条
Duties(任務)
Article 131, paragraph (1)
The Commission is to assume the duties of pursuing ensuring the proper handling of personal information (including taking measures such as giving guidance and advice to a person in charge of a process using an individual number, etc. (meaning a person in charge of a process using an individual number, etc. as prescribed in Article 12 of the Act on the Use of Numbers to Identify a Specific Individual in the Administrative Procedure (Act No.27 of 2013; hereinafter referred to as the "Number Use Act"))) in order to protect individual rights and interests while ensuring smooth and proper management of the processes or services of administrative entities as well as ensuring due consideration of the value of personal information, and the fact that the proper and effective application of personal information contributes to the creation of new industries and the realization of a vibrant economic society and enriching quality of life for the Japanese public.
The Commission is to administer the following affairs in order to fulfil the duties referred to in the preceding Article:
委員会は、前条の任務を達成するため、次に掲げる事務をつかさどる。
Article 132, paragraph (1), item (i)(所掌事務)
affairs related to the formulation and promotion of a basic policy;
基本方針の策定及び推進に関すること。
Article 132, paragraph (1), item (ii)(所掌事務)(Functions under Jurisdiction)Changed
affairs (excluding those set forth in item (iv)) related to supervision of the handling of personal information, sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, and provided personal data, etc. for statistical compilation or similar analysis by a business handling personal information, the handling of pseudonymized personal information by a business handling personal information or a business handling pseudonymized personal information, the handling of anonymized personal information by a business handling personal information or a business handling anonymized personal information, the handling of information related to personal information by a business handling information related to personal information; affairs related to monitoring over the handling of personal information, pseudonymized personal information, anonymized personal information and informationor other related to personal information by an administrative entity; affairs related to necessary mediation on a lodged complaint related to the handling of personal information, sensitive personal information, etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or similar analysis, provided personal data, etc. for statistical compilation or similar analysis, pseudonymized personal information and anonymized personal information; and affairs related to cooperation with a business that deals with that complaint;
affairs related to a certified personal information protection organization;
認定個人情報保護団体に関すること。
Article 132, paragraph (1), item (iv)(所掌事務)
affairs related to monitoring and supervision over the handling of specific personal information (meaning specific personal information prescribed in Article 2, paragraph (9) of the Number Use Act), and those related to necessary mediation on a lodged complaint and related to cooperation with a business that deals with the complaint;
affairs related to specific personal information protection assessment (meaning specific personal information protection assessment prescribed in Article 27, paragraph (1) of the Number Use Act);
affairs related to public relations and an awareness raising on the protection of, and the proper and effective application of, personal information;
個人情報の保護及び適正かつ効果的な活用についての広報及び啓発に関すること。
Article 132, paragraph (1), item (vii)(所掌事務)
affairs related to an investigation and research necessary to administer those affairs set forth in one of the preceding items;
前各号に掲げる事務を行うために必要な調査及び研究に関すること。
Article 132, paragraph (1), item (viii)(所掌事務)
affairs related to international cooperation relating to the function under the jurisdiction;
所掌事務に係る国際協力に関すること。
Article 132, paragraph (1), item (ix)(所掌事務)
beyond what is set forth in each preceding item, affairs which comes under the jurisdiction of the Commission based on a law (including an order based to it).
前各号に掲げるもののほか、法律(法律に基づく命令を含む。)に基づき委員会に属させられた事務
Article 133第百三十三条
Independence on Exercising Authority(職権行使の独立性)
Article 133, paragraph (1)
A chairperson and commissioners of the Commission exercise their official authority independently.
委員会の委員長及び委員は、独立してその職権を行う。
Article 134第百三十四条
Organization(組織等)
Article 134, paragraph (1)
The Commission is to be composed of a chairperson and eight commissioners.
委員会は、委員長及び委員八人をもって組織する。
Article 134, paragraph (2)
Four of the commissioners are to serve on a part-time basis.
委員のうち四人は、非常勤とする。
Article 134, paragraph (3)
A chairperson and a commissioner are to be appointed by the Prime Minister with consent of both Houses of the Diet from among those with high character and deep insight.
委員長及び委員は、人格が高潔で識見の高い者のうちから、両議院の同意を得て、内閣総理大臣が任命する。
Article 134, paragraph (4)
A chairperson and commissioners are to encompass a person who has relevant expertise on protection of personal information, and its proper and effective application; a person who has sufficient knowledge and experience to protect consumers; a person who has relevant expertise on information processing technologies; a person who has relevant expertise in public administrative fields; a person who has sufficient knowledge and experience on private-sector business practices; and a person recommended by a federate organization (meaning a federate organization under Article 263-3, paragraph (1) of the Local Autonomy Act that has given a notification under that paragraph).
The term of office for a chairperson or commissioner is to be five years; provided, however, that the term of office of a chairperson or commissioner appointed to fill a vacancy is to be the remaining term of office of the predecessor.
委員長及び委員の任期は、五年とする。ただし、補欠の委員長又は委員の任期は、前任者の残任期間とする。
Article 135, paragraph (2)
A chairperson or commissioner may be reappointed.
委員長及び委員は、再任されることができる。
Article 135, paragraph (3)
When the term of office for a chairperson or commissioner has expired, the chairperson or commissioner is to continue to fulfil their duties until their successor is appointed.
Notwithstanding the provisions of paragraph (3) of the preceding Article, if the term of office of a chairperson or commissioner has expired or a vacancy has occurred, but the consent of both Houses of the Diet is not able to be obtained due to the closing of the Diet or the dissolution of the House of Representatives, the Prime Minister may appoint a chairperson or commissioner from among those who have those qualifications prescribed in that paragraph.
In the case referred to in the preceding paragraph, subsequent approval by both Houses of the Diet must be obtained in the first Diet session after the appointment. In this case, if the subsequent approval by both Houses of the Diet is not able to be obtained, the Prime Minister must immediately dismiss the chairperson or commissioner.
they have been subject to an order commencing bankruptcy proceedings;
破産手続開始の決定を受けたとき。
Article 136, paragraph (1), item (ii)
they have been punished in violation of this Act or the Number Use Act;
この法律又は番号利用法の規定に違反して刑に処せられたとき。
Article 136, paragraph (1), item (iii)
they having been sentenced to imprisonment or a heavier punishment;
拘禁刑以上の刑に処せられたとき。
Article 136, paragraph (1), item (iv)
the Commission have recognized that they are incapable of fulfilling the duties because of a mental or physical disorder, or have committed a violation of obligation in the course of their duties or other misconduct unbecoming to a chairperson or commissioner.
If a chairperson or commissioner falls under one of the items of the preceding Article, the Prime Minister must dismiss the chairperson or commissioner.
A meeting of the Commission is to be called by a chairperson.
委員会の会議は、委員長が招集する。
Article 139, paragraph (2)
The Commission may neither hold a meeting nor make a decision, unless a chairperson and four or more commissioners are present.
委員会は、委員長及び四人以上の委員の出席がなければ、会議を開き、議決をすることができない。
Article 139, paragraph (3)
A decision of the Commission is to be adopted by a majority of attendees, and when in a tie, a chairperson is to make a decision.
委員会の議事は、出席者の過半数でこれを決し、可否同数のときは、委員長の決するところによる。
Article 139, paragraph (4)
Notwithstanding the provisions of the preceding paragraph, there must be an unanimous concurrence of all commissioners on the recognition under Article 136, item (iv), except for the commissioner concerned.
In applying the provisions of paragraph (2) in cases in which a chairperson is unavailable, an acting chairperson as prescribed in paragraph (2) of the preceding Article is deemed as a chairperson.
A specialist commissioner may be assigned to the Commission in order to investigate specialized matters.
委員会に、専門の事項を調査させるため、専門委員を置くことができる。
Article 140, paragraph (2)
A specialist commissioner is to be appointed by the Prime Minister based on a proposal made by the Commission.
専門委員は、委員会の申出に基づいて内閣総理大臣が任命する。
Article 140, paragraph (3)
A specialist commissioner is to be dismissed when they finish their investigation into the specialized matters.
専門委員は、当該専門の事項に関する調査が終了したときは、解任されるものとする。
Article 140, paragraph (4)
A specialist commissioner is to serve on a part-time basis.
専門委員は、非常勤とする。
Article 141第百四十一条
The Secretariat(事務局)
Article 141, paragraph (1)
The secretariat is to be established for the purpose of administrating the Commission's affairs.
委員会の事務を処理させるため、委員会に事務局を置く。
Article 141, paragraph (2)
The secretary general and other staff are to be assigned to the secretariat.
事務局に、事務局長その他の職員を置く。
Article 141, paragraph (3)
The secretary general is to administer the secretariat's affairs in accordance with the order of the chairperson.
事務局長は、委員長の命を受けて、局務を掌理する。
Article 142第百四十二条
Prohibition of Political Campaigning(政治運動等の禁止)
Article 142, paragraph (1)
Neither a chairperson nor a commissioner may become an officer of a political party or other political organization or actively conduct a political campaign, while in office.
委員長及び委員は、在任中、政党その他の政治団体の役員となり、又は積極的に政治運動をしてはならない。
Article 142, paragraph (2)
Except cases in which there has been permission from the Prime Minister, a chairperson or full-time commissioner, while in office, must not engage in any other jobs with remuneration, run a profit-making business, or perform other services for the purpose of gaining monetary profit.
The chairperson, commissioners, specialist commissioners, and secretarial staff must not divulge or misappropriate any secret that have come to their knowledge in the course of duties. The same also applies after they have left their position.
The remuneration of the chairperson and commissioners is prescribed separately by law.
委員長及び委員の給与は、別に法律で定める。
Article 145第百四十五条
Establishment of Orders(規則の制定)
Article 145, paragraph (1)
The Commission may establish the Order of the Personal Information Protection Commission regarding its function under the jurisdiction in order to enforce a law or Cabinet Order, or on the basis of a special delegation under a law or Cabinet Order.
The Commission may require a business handling personal information, a business handling pseudonymized personal information, a business handling anonymized personal information, a business handling information related to personal information (hereinafter referred to as a "business handling personal or other related information" in this Subsection), or other concerned person to submit necessary information or material relating to the handling of personal information, pseudonymized personal information, anonymized personal information, or informationother related to personal information (hereinafter referred to as "personal or other related information" in this Subsection and Subsection 3)necessary matters, or have its officials enter a business office or other necessary place of a business handling personal or other related information or other concerned person, inquire about the handling of personal or other related information or other necessary matters, or inspect a book, document, or other item, to the extent necessary to implement the provisions of Chapter IV (excluding Section 5; the same applies in the following Article and Article 151) and this Subsection.
An official who conducts an on-site inspection pursuant to the provisions of the preceding paragraph must carry a certificate for identification, and present it when requested by a person concerned.
An on-site inspection authority under paragraph (1) must not be construed as granted for a criminal investigation.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解釈してはならない。
Division 2 Orders for Measures, etc.第二目 措置命令等Added
Article 147第百四十七条
Guidance and Advice(指導及び助言)
Article 147, paragraph (1)
The Commission may provide a business handling personal or other related information with necessary guidance and advice on the handling of personal or other related information, to the extent necessary to implement the provisions of Chapter IV.
Article 148, paragraph (1)(勧告及び措置命令)Recommendations and Orders for MeasuresChanged
The Commission may recommendIf a business handling personal or other related information to stop committing the following violations or take other necessary measures to rectify the violation, if the Commission finds that there is a need for protecting individual rights and interests in cases in which a business handling personal information has violated the provisions of Articles 18 through 20, Article 21 (including the cases in which the provisions of paragraphs (1), (3) and (4) are applied pursuant to the Article 41, paragraph (4) following the deemed replacement of terms), Articles 23Chapter IV, Sections 2 through 26, Article 27 (excluding paragraph (4), and including the cases in which the provisions of paragraphs (5) and (6) are applied pursuant to Article 41, paragraph (6) following the deemed replacement of terms),4 (excluding Article 2817, Article 29 (including the cases in which the provisions of the proviso of paragraph (1) are applied pursuant to Article 4127, paragraph (6) following the deemed replacement of terms8), Article 30 (excluding, paragraph (2), and (including the cases in which the provisions of the proviso of paragraph (1) are applied pursuant to Article 41, paragraph (6) following the deemed replacement of terms), Article 32, Article 33 (excluding paragraph (1) (including asit is applied mutatis mutandis pursuant to paragraph (5))), Article 3431, paragraph (2) or paragraph (3), Article 35 (excluding paragraphs (13)), (3) and (5)), Article 38, paragraph (237), Article 41 (excluding paragraphs (4) and (5)) or Article 43 (excluding paragraph (6)); in cases in whichthe Commission finds that there is a business handling information related to personal information has violated the provisions of Article 31, paragraph (1), has violated need for protecting individual rights and interests, the provisions of Article 28, paragraph (3) as applied mutatis mutandis pursuantCommission may recommend the business handling personal or other related information to Article 31, paragraph (2) followingtake measures necessary to stop the deemed replacement of terms,violation or has violatedotherwise rectify the provisions of Article 30, paragraph (3) violation, or paragraph (4) as applied mutatis mutandis pursuant to Article 31, paragraph (3) followingmeasures necessary to protect individual rights and interests, such as notifying the deemed replacementidentifiable person of terms; in cases in which a business handling pseudonymized personal information has violated the provisions of Article 42, paragraph (1), has violated Article 27, paragraph (5)fact pertaining to the violation or paragraph (6) as applied mutatis mutandis pursuant to Article 42, paragraph (2) following the deemed replacement of terms, or has violatedmaking it public (hereinafter referred to as "rectification measures, etc." in the provisions of Articles 23 through 25 or Article 41, paragraph (7) orfollowing paragraph (8) as applied mutatis mutandis pursuant to Article 42,and paragraph (3) following the deemed replacement of terms; or in cases in which a business handling anonymized personal information has violated the provisions of Article 44 or Article 45).
Article 148, paragraph (2)(勧告及び措置命令)Recommendations and Orders for MeasuresChanged
If a business handling personal or other related information has received a recommendation under the preceding paragraph but has not taken the rectification measures, etc. in line with the recommendation without legitimate grounds, and the Commission finds that a serious infringement ofthere is a risk that serious individual rights and interests is impendingwill be harmed, the Commission may order the business handling personal or other related information to take the rectification measures, etc. in line with the recommendation.
Article 148, paragraph (3)(勧告及び措置命令)Recommendations and Orders for MeasuresChanged
Notwithstanding the provisions of the preceding two paragraphs, the Commission may orderif a business handling personal or other related information to stophas violated the following violations or take other necessary measures to rectify the violation, if the Commission finds that there is a need to take urgent measures because there is a fact that seriously prejudices individual rights and interests inprovisions of Chapter IV, Sections 2 through 4 (excluding Article 17, Article 21, Article 21-2, Article 27, paragraph (3), paragraph (6) (including the cases in which a business handling personal information has violated the provisions of Articles 18 through 20, Articles 23 through 26,it is applied mutatis mutandis pursuant to Article 30-2, paragraph (12), Article 31-3, paragraph (8) or Article 2742, paragraph (1), Article 282)), paragraph (1) or7) and paragraph (38), Article 41, paragraphs (1) through (3), or paragraphs (6) through (8), or Article 43, paragraph (1), 28, paragraph (2), Article 29 (including the cases in which the provisions of the main clause of paragraph (2) or1) and paragraph (5); in cases in which a business handling information related2) are applied mutatis mutandis pursuant to personal information has violated the provisions ofArticle 30-2, paragraph (14) or Article 3131-3, paragraph (1), or has violated10)), Article 30 (including the cases in which the provisions of Article 28, paragraph (3) asparagraphs (2) through (4) are applied mutatis mutandis pursuant to Article 31, paragraph (2) following the deemed replacement of terms; in cases in which a business handling pseudonymized personal information has violated the provisions of3)), Article 30-2, paragraph (2), paragraph (3) and paragraphs (6) through (8), Article 31-3, paragraphs (2) through (4), Articles 32 through 35, Article 37, Article 38, Article 4243, paragraph (1), or has violated 3) and paragraph (4), and Article 44), and the provisions of Articles 23 through 25 or Article 41, paragraph (7) or paragraph (8) as applied mutatis mutandis pursuant to Article 42, paragraph (3) following the deemed replacementCommission finds that there is a need to take urgent measures because there is a fact that seriously prejudices individual rights and interests or because a serious infringement of terms; or in cases in which a individual rights and interests is impending, the Commission may order the business handling anonymized personal information has violated the provisions of Article 45or other related information to take rectification measures, etc.
Article 148, paragraph (4)(勧告及び措置命令)Recommendations and Orders for MeasuresChanged
If the Commission has issued an order under the preceding two paragraphs (hereinafter referred to as an "order for measures") and the business handling personal or other related information that has received the order for measures has violated the order for measures, the Commission may make public announcement to that effect.
Article 148-2, paragraph (1)(取扱関係役務提供者等に対する要請)Requests to Handling-Related Service Suppliers, etc.Added
If a business handling personal or other related information that has received an order for measures does not comply with that order for measures, and there is a handling-related service supplier (meaning a person that has been entrusted by a business handling personal or other related information with all or part of the handling of personal or other related information, or any other person that, under a contract with a business handling personal or other related information, supplies a service that the business handling personal or other related information uses for the handling of its personal or other related information; the same applies hereinafter in this paragraph and the following paragraph) that supplies a service the business handling personal or other related information uses for the handling of personal or other related information pertaining to the violation pertaining to the order for measures, the Commission may request that handling-related service supplier to take measures necessary to stop the violation, such as suspending the handling of the personal or other related information pertaining to the violation or suspending the supply of that service.
Article 148-2, paragraph (2)(取扱関係役務提供者等に対する要請)Requests to Handling-Related Service Suppliers, etc.Added
A handling-related service supplier 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 business handling personal or other related information that has received the order for measures.
Article 148-2, paragraph (3)(取扱関係役務提供者等に対する要請)Requests to Handling-Related Service Suppliers, etc.Added
If the Commission has issued an order for measures and the violation is the transmission of information including personal or other related 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 item (iii) of that Article pertaining to the distribution of information through those specified telecommunications to take measures to prevent the distribution of that information through specified telecommunications.
Article 148-2, paragraph (4)(取扱関係役務提供者等に対する要請)Requests to Handling-Related Service Suppliers, etc.Added
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 business handling personal or other related information that has received the order for measures.
Article 148-3, paragraph (1)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
If a business handling personal information has committed any of the following acts (hereinafter referred to as a "violation" in this paragraph) (excluding the case where the business handling personal information is found not to be a person that failed to exercise reasonable care to prevent the violation throughout the period in which the violation was committed), and has obtained a monetary or other proprietary benefit (hereinafter referred to as "monies, etc." in this Article) as consideration for the violation or for ceasing the violation, regardless of the name given, such as price, remuneration, usage fee, or fee, the Commission must order the business handling personal information to pay to the national treasury an administrative monetary penalty in an amount equivalent to the amount calculated by the method specified by Cabinet Order as an amount equivalent to those monies, etc. (referred to as the "amount of consideration under paragraph (1)" in the following Article); provided, however, that the Commission may not order payment if the number of identifiable persons of the personal information or personal data (meaning personal data prescribed in Article 16, paragraph (3); the same applies in item (iii)) pertaining to the violation does not exceed 1,000, or in other cases specified by Cabinet Order as cases where the degree of harm to individual rights and interests is not great.
Article 148-3, paragraph (1), item (i)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
provision of personal information to a third party that is in a situation where it is anticipated that the third party will use that personal information to commit an unlawful act or unjustly discriminatory treatment;
Article 148-3, paragraph (1), item (ii)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
use of personal information at the request of a third party, carried out where the third party is in a situation where it is anticipated that the third party will commit an unlawful act or unjustly discriminatory treatment through the use of that personal information;
Article 148-3, paragraph (1), item (iii)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
provision of personal data in violation of the provisions of Article 27, paragraph (1) (including the cases in which it is applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1));
Article 148-3, paragraph (1), item (iv)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
handling of personal information in violation of the provisions of Article 30-2, paragraph (4) or paragraph (9), or Article 31-3, paragraph (5);
第三十条の二第四項若しくは第九項又は第三十一条の三第五項の規定に違反する個人情報の取扱い
Article 148-3, paragraph (1), item (v)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
provision of personal information in violation of the provisions of Article 30-2, paragraph (10) or paragraph (11), or Article 31-3, paragraph (6) or paragraph (7).
Article 148-3, paragraph (2)(個人情報の違法な取扱い等に対する課徴金納付命令)Payment Orders for Administrative Monetary Penalty for Unlawful Handling of Personal Information, etc.Added
If a business handling personal information has acquired personal information in violation of Article 20, paragraph (1) and used that personal information (excluding the case where the business handling personal information is found not to be a person that failed to exercise reasonable care to prevent the acquisition and use throughout the period in which the acquisition and use were carried out), and has obtained monies, etc. as consideration for that use or for ceasing that use, the Commission must order the business handling personal information to pay to the national treasury an administrative monetary penalty in an amount equivalent to the amount calculated by the method specified by Cabinet Order as an amount equivalent to those monies, etc. (referred to as the "amount of consideration under paragraph (2)" in the following Article); provided, however, that the Commission may not order payment if the number of identifiable persons of the personal information pertaining to that use does not exceed 1,000, or in other cases specified by Cabinet Order as cases where the degree of harm to individual rights and interests is not great.
Article 148-4, paragraph (1)(課徴金の算定基礎の推計)Estimation of the Basis for Calculating Administrative Monetary PenaltyAdded
If the Commission is to issue an order under the paragraphs of the preceding Article (hereinafter referred to as a "payment order for administrative monetary penalty") and the business handling personal information has not complied with a requirement to submit a report or material under Article 146, paragraph (1) concerning the facts that are to form the basis for calculating the administrative monetary penalty pertaining to that payment order for administrative monetary penalty, the Commission may issue a payment order for administrative monetary penalty by estimating, by a reasonable method specified by Order of the Personal Information Protection Commission, the amount of consideration under paragraph (1) or the amount of consideration under paragraph (2) for the period in which the report or material on those facts has not been submitted and the Commission is unable to ascertain the facts that are to form the basis for calculating the administrative monetary penalty, using material obtained from the business handling personal information or another business that transacts with it, or from another business that conducts the same kind of business as the business pertaining to the act subject to administrative monetary penalty (meaning the violation prescribed in paragraph (1) of the preceding Article or the acquisition and use prescribed in paragraph (2) of that Article; the same applies hereinafter) pertaining to that payment order for administrative monetary penalty or another business that transacts with it, or other material.
Increase in the Amount of Administrative Monetary Penalty for a Person that Has Previously Received a Payment Order for Administrative Monetary Penalty
Article 148-5, paragraph (1)(過去に課徴金納付命令を受けたことがある者についての課徴金の額の加算)Increase in the Amount of Administrative Monetary Penalty for a Person that Has Previously Received a Payment Order for Administrative Monetary PenaltyAdded
If the Commission is to issue a payment order for administrative monetary penalty pursuant to the paragraphs of Article 148-3, and the business handling personal information is a person that has, within 10 years going back from the date on which collection of reports, etc. (meaning the requirement to submit a report or material or the on-site inspection under Article 146, paragraph (1); the same applies hereinafter in this Article, Article 148-7, paragraph (4) and Article 149, paragraph (1)) was first conducted regarding the case pertaining to the act subject to administrative monetary penalty pertaining to that payment order for administrative monetary penalty (or, if that collection of reports, etc. was not conducted, the date on which the business handling personal information received the notice under Article 148-10, paragraph (1) regarding that case), received a payment order for administrative monetary penalty under those paragraphs (limited to where that payment order for administrative monetary penalty has become final), and has committed that act subject to administrative monetary penalty on or after the date of that payment order for administrative monetary penalty, the Commission must order the person, in lieu of the amount under those paragraphs, to pay to the national treasury an administrative monetary penalty in an amount equivalent to 1.5 times that amount.
Article 148-6, paragraph (1)(課徴金対象行為に該当する事実の報告等による課徴金の額の減額)Reduction in the Amount of Administrative Monetary Penalty for Reporting, etc. of Facts Constituting an Act Subject to Administrative Monetary PenaltyAdded
If the Commission is to issue a payment order for administrative monetary penalty pursuant to the paragraphs of Article 148-3, and the business handling personal information has reported to the Commission, as provided for by Order of the Personal Information Protection Commission, the facts constituting the act subject to administrative monetary penalty pertaining to that payment order for administrative monetary penalty, the Commission is to reduce from the amount of the administrative monetary penalty the amount obtained by multiplying the amount of the administrative monetary penalty calculated under those paragraphs (for a person prescribed in the preceding Article, the amount of the administrative monetary penalty calculated under that Article) by 50 percent; provided, however, that this does not apply if the report was made in anticipation that a payment order for administrative monetary penalty would be issued for the act subject to administrative monetary penalty as a result of an investigation of that act subject to administrative monetary penalty.
Article 148-7, paragraph (1)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
A person that has received a payment order for administrative monetary penalty must pay the administrative monetary penalty calculated under the provisions of Article 148-3 through the preceding Article.
Article 148-7, paragraph (2)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
If the amount of the administrative monetary penalty calculated under the provisions of Article 148-3 through the preceding Article includes a fraction of less than 10,000 yen, that fraction is to be discarded.
Article 148-7, paragraph (3)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
If the business handling personal information that has committed an act subject to administrative monetary penalty is a corporation and that corporation has ceased to exist as a result of a merger, the provisions of Article 148-3 through this Article apply by deeming the act subject to administrative monetary penalty committed by that corporation to be an act subject to administrative monetary penalty committed by the corporation surviving the merger or the corporation established through the merger.
Article 148-7, paragraph (4)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
If a business handling personal information that has committed an act subject to administrative monetary penalty is a corporation, and that corporation has, on or after the date on which collection of reports, etc. was first conducted regarding the case pertaining to that act subject to administrative monetary penalty (or, if that collection of reports, etc. was not conducted, the date on which that corporation received the notice under Article 148-10, paragraph (1) regarding that act subject to administrative monetary penalty; hereinafter referred to as the "starting date" in this paragraph), transferred all of the business pertaining to that act subject to administrative monetary penalty to one or more of its subsidiaries, etc. (meaning a subsidiary or parent company (meaning another company that has a company as its subsidiary; the same applies hereinafter in this paragraph) of a business handling personal information, or another company whose parent company is the same as that of the business handling personal information; the same applies hereinafter in this paragraph), or that corporation (limited to a company) has, on or after the starting date for the case pertaining to that act subject to administrative monetary penalty, caused one or more of its subsidiaries, etc. to succeed to all of the business pertaining to that act subject to administrative monetary penalty through a company split, and that corporation has ceased to exist due to a reason other than a merger, the act subject to administrative monetary penalty committed by that corporation is deemed to be an act subject to administrative monetary penalty committed by the subsidiary, etc. that has acquired all or part of that business by transfer or has succeeded to all or part of that business through a company split (hereinafter referred to as a "subsidiary, etc. that has succeeded to the specified business" in this paragraph), and the provisions of Article 148-3 through this Article apply. In this case, if there are two or more subsidiaries, etc. that have succeeded to the specified business, the phrase "order the business handling personal information" in Article 148-3, paragraph (1) is deemed to be replaced with "order the subsidiary, etc. that has succeeded to the specified business (meaning a subsidiary, etc. that has succeeded to the specified business prescribed in Article 148-7, paragraph (4); the same applies hereinafter in this Article and Article 148-7, paragraph (1)), jointly and severally with any other subsidiary, etc. that has succeeded to the specified business that has received an order under this paragraph,"; the phrase "order the business handling personal information" in paragraph (2) of Article 148-3 is deemed to be replaced with "order the subsidiary, etc. that has succeeded to the specified business, jointly and severally with any other subsidiary, etc. that has succeeded to the specified business that has received an order under this paragraph,"; and the phrase "A person that has received a payment order for administrative monetary penalty must pay" in paragraph (1) of this Article is deemed to be replaced with "A subsidiary, etc. that has succeeded to the specified business that has received a payment order for administrative monetary penalty must, jointly and severally with any other subsidiary, etc. that has succeeded to the specified business that has received a payment order for administrative monetary penalty, pay".
Article 148-7, paragraph (5)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
The term "subsidiary" prescribed in the preceding paragraph means another company in which a company holds a majority of the voting rights (excluding voting rights for shares that do not entitle the holder to exercise voting rights on any of the matters that may be resolved at a shareholders meeting, and including voting rights for shares for which the holder is deemed to have voting rights under Article 879, paragraph (3) of the Companies Act (Act No. 86 of 2005); the same applies hereinafter in this paragraph) of all shareholders (including all members; the same applies hereinafter in this paragraph). In this case, another company in which a company and one or more of its subsidiaries, or one or more subsidiaries of a company, hold a majority of the voting rights of all shareholders is deemed to be a subsidiary of that company.
Article 148-7, paragraph (6)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
In the cases referred to in paragraphs (3) and (4), necessary matters concerning the application of the provisions of Article 148-4 through the preceding Article are specified by Cabinet Order.
Article 148-7, paragraph (7)(課徴金の納付義務等)Obligation to Pay Administrative Monetary Penalty, etc.Added
If seven years have passed since the day on which an act subject to administrative monetary penalty ceased, the Commission may not order the payment of an administrative monetary penalty pertaining to that act subject to administrative monetary penalty.
Article 148-8, paragraph (1)(課徴金納付命令に対する弁明の機会の付与)Granting of Opportunity for Explanation in Response to Payment Orders for Administrative Monetary PenaltyAdded
When the Commission intends to issue a payment order for administrative monetary penalty, the Commission must grant the person that is to be the addressee of that payment order for administrative monetary penalty an opportunity for explanation.
Article 148-9, paragraph (1)(弁明の機会の付与の方式)Method of Granting Opportunity for ExplanationAdded
An explanation is to be made by submitting a document stating the explanation (referred to as a "written explanation" in paragraph (1) of the following Article), except where the Commission has permitted the explanation to be made orally.
Article 148-10, paragraph (1)(弁明の機会の付与の通知の方式)Method of Notice of Granting Opportunity for ExplanationAdded
The Commission must notify the person that is to be the addressee of a payment order for administrative monetary penalty of the following matters in writing, allowing a reasonable period before the deadline for submitting the written explanation (or, if an opportunity for oral explanation is to be granted, before the date and time of that explanation):
Article 148-10, paragraph (1), item (i)(弁明の機会の付与の通知の方式)Method of Notice of Granting Opportunity for ExplanationAdded
the amount of the administrative monetary penalty that the Commission intends to order to be paid;
納付を命じようとする課徴金の額
Article 148-10, paragraph (1), item (ii)(弁明の機会の付与の通知の方式)Method of Notice of Granting Opportunity for ExplanationAdded
the basis for calculating the administrative monetary penalty and the act subject to administrative monetary penalty pertaining to that administrative monetary penalty;
課徴金の計算の基礎及び当該課徴金に係る課徴金対象行為
Article 148-10, paragraph (1), item (iii)(弁明の機会の付与の通知の方式)Method of Notice of Granting Opportunity for ExplanationAdded
the place to which and the deadline by which the written explanation is to be submitted (or, if an opportunity for oral explanation is to be granted, a statement to that effect and the date, time and place at which the person is to appear).
Article 148-10, paragraph (2)(弁明の機会の付与の通知の方式)Method of Notice of Granting Opportunity for ExplanationAdded
If the whereabouts of the person that is to be the addressee of a payment order for administrative monetary penalty are unknown, the Commission may give the notice under the preceding paragraph by taking measures to make the name of that person (or, for a corporation, its name and the name of its representative), the matters set forth in item (iii) of that paragraph, and a statement to the effect that the Commission will deliver to that person at any time a document stating the matters set forth in the items of that paragraph (hereinafter referred to as the "particulars of the public notice" in this paragraph) available for inspection by many and unspecified persons by a method specified by Order of the Personal Information Protection Commission, and also to post a document stating the particulars of the public notice on the notice board of the Commission or make the particulars of the public notice, as displayed on the screen of a computer installed in the office of the Commission, available for inspection. In this case, the notice is deemed to have reached that person when two weeks have passed from the day on which those measures were taken.
A person that has received the notice under paragraph (1) of the preceding Article (referred to as a "party" in the following paragraph and paragraph (4)) may appoint an agent.
Article 148-12, paragraph (1)(課徴金納付命令の方式等)Method of Issuing Payment Orders for Administrative Monetary Penalty, etc.Added
A payment order for administrative monetary penalty is to be issued in writing, and the written payment order for administrative monetary penalty must state the amount of the administrative monetary penalty to be paid, the basis for calculating the administrative monetary penalty and the act subject to administrative monetary penalty pertaining to that administrative monetary penalty, and the payment deadline.
Article 148-12, paragraph (2)(課徴金納付命令の方式等)Method of Issuing Payment Orders for Administrative Monetary Penalty, etc.Added
A payment order for administrative monetary penalty takes effect when a certified copy of the written payment order for administrative monetary penalty is served on its addressee.
課徴金納付命令は、その名宛人に課徴金納付命令書の謄本を送達することによって、その効力を生ずる。
Article 148-12, paragraph (3)(課徴金納付命令の方式等)Method of Issuing Payment Orders for Administrative Monetary Penalty, etc.Added
The payment deadline for the administrative monetary penalty referred to in paragraph (1) is the day on which seven months have passed from the date on which the certified copy of the written payment order for administrative monetary penalty is sent.
Article 148-13, paragraph (1)(納付の督促)Demand for PaymentAdded
If a person fails to pay an administrative monetary penalty by its payment deadline, the Commission must demand payment by a letter of demand, specifying a time limit.
Article 148-13, paragraph (2)(納付の督促)Demand for PaymentAdded
If the Commission has made a demand under the preceding paragraph, the Commission may collect a delinquent charge calculated at a rate of 14.5 percent per annum on the amount of the administrative monetary penalty pertaining to that demand, according to the number of days from the day following the payment deadline to the date of payment; provided, however, that this does not apply if the amount of the delinquent charge is less than 1,000 yen.
Article 148-13, paragraph (3)(納付の督促)Demand for PaymentAdded
If the amount of the delinquent charge calculated under the preceding paragraph includes a fraction of less than 100 yen, that fraction is rounded down.
前項の規定により計算した延滞金の額に百円未満の端数があるときは、その端数は、切り捨てる。
Article 148-14第百四十八条の十四Caption added
Execution of Payment Orders for Administrative Monetary Penalty
Article 148-14, paragraph (1)(課徴金納付命令の執行)Execution of Payment Orders for Administrative Monetary PenaltyAdded
If a person that has received a demand under paragraph (1) of the preceding Article fails to pay the amount to be paid by the time limit specified in that demand, the payment order for administrative monetary penalty is executed by order of the Commission. This order has the same effect as an enforceable title of obligation.
Article 148-14, paragraph (2)(課徴金納付命令の執行)Execution of Payment Orders for Administrative Monetary PenaltyAdded
A payment order for administrative monetary penalty is executed in accordance with the provisions of the Civil Enforcement Act (Act No. 4 of 1979) and other laws and regulations concerning compulsory execution procedures.
Article 148-14, paragraph (3)(課徴金納付命令の執行)Execution of Payment Orders for Administrative Monetary PenaltyAdded
If the Commission finds it necessary in connection with the execution of a payment order for administrative monetary penalty, the Commission may make inquiries to public offices or public or private organizations and request them to report necessary matters.
Article 148-15, paragraph (1)(課徴金等の請求権)Right to Claim Administrative Monetary Penalty, etc.Added
In the application of the provisions of the Bankruptcy Act (Act No. 75 of 2004), the Civil Rehabilitation Act (Act No. 225 of 1999), the Corporate Reorganization Act (Act No. 154 of 2002) and the Act on Special Measures for the Reorganization Proceedings of Financial Institutions (Act No. 95 of 1996), the right to claim an administrative monetary penalty pertaining to a payment order for administrative monetary penalty and the right to claim a delinquent charge under Article 148-13, paragraph (2) are deemed to be rights to claim a civil fine.
Article 148-16, paragraph (1)(行政手続法の適用除外)Exclusion from Application of the Administrative Procedure ActAdded
The provisions of Chapter III of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to a payment order for administrative monetary penalty or any other disposition under the provisions of this Division issued by the Commission.
Article 148-17, paragraph (1)(規則への委任)Delegation to Order of the CommissionAdded
Beyond what is provided for in this Division, necessary matters concerning payment orders for administrative monetary penalty are specified by Order of the Personal Information Protection Commission.
この目に定めるもののほか、課徴金納付命令に関し必要な事項は、個人情報保護委員会規則で定める。
Division 4 Miscellaneous Provisions第四目 雑則Added
Article 149第百四十九条
Restriction on the Commission's Exercising the Authority(委員会の権限の行使の制限)
Article 149, paragraph (1)(委員会の権限の行使の制限)(Restriction on the Commission's Exercising the Authority)Changed
When requiring a business handling personal or other related information to submit a report or material, conducting its on-site inspectionconducting collection of reports, etc., or giving a guidance, advice, recommendation, order for measures, request or payment order to itfor administrative monetary penalty, pursuant to the provisions of the preceding three ArticlesArticles 146 through 148-3, the Commission must not preclude the freedom of expression, freedom of academia, freedom of religion, and freedom of political activity.
In light of the purport of the provisions of the preceding paragraph, the Commission is not to exercise its authority when a business handling personal or other related information provides personal or other related information to a person set forth in one of the items of Article 57, paragraph (1) (limited to cases in which the person handles personal or other related information for the purpose prescribed in those items).
Article 150, paragraph (1)(権限の委任)(Delegation of the Authority)Changed
If the Commission finds that there is a need for effectively giving a business handling personal or other related information a recommendation under Article 148, paragraph (1) or, an order for measures, a request under Article 148148-2, paragraph (21) or paragraph (3), or a payment order for administrative monetary penalty because there is a need to urgently and intensively ensure the proper handling of personal or other related information or similar other circumstances prescribed by Cabinet Order, the Commission may delegate an authority under Article 26, paragraph (1); under Article 146, paragraph (1); under Article 100, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106 or Article 108 of the Code of Civil Procedure (Act No. 109 of 1996) as applied mutatis mutandis pursuant to the provisions of Article 162 following the deemed replacement of terms; under Article 163; and under Article 164 to the competent minister for the business, as prescribed by Cabinet Order.
When having exercised an authority delegated pursuant to the provisions of the preceding paragraph, the competent minister for the business is to report its results to the Commission as prescribed by Cabinet Order.
The competent minister for the business may delegate all or part of an authority delegated pursuant to the provisions of paragraph (1) or all or part of an authority under the preceding paragraph to the head of a local branch bureau under Article 43 of the Act for Establishment of the Cabinet Office or other bureau or organ prescribed by Cabinet Order, pursuant to the provisions of Cabinet Order.
The Prime Minister delegates an authority delegated pursuant to the provisions of paragraph (1) and an authority under paragraph (2) (limited to those relating to the Financial Services Agency's jurisdiction and excluding those prescribed by Cabinet Order) to the Commissioner of the Financial Services Agency.
The Commissioner of the Financial Services Agency may delegate a part of an authority delegated pursuant to the provisions of the preceding paragraph to the Securities and Exchange Surveillance Commission, pursuant to the provisions of Cabinet Order.
The Commissioner of the Financial Services Agency may delegate a part of an authority delegated pursuant to the provisions of paragraph (4) (excluding those delegated to the Securities and Exchange Surveillance Commission pursuant to the provisions of the preceding paragraph) to the director-general of a local finance bureau or local finance branch bureau, pursuant to the provisions of Cabinet Order.
The Securities and Exchange Surveillance Commission may delegate a part of an authority delegated pursuant to the provisions of paragraph (5) to the director-general of a local finance bureau or local finance branch bureau, pursuant to the provisions of Cabinet Order.
As for administrative affairs relating to an authority delegated to the director-general of a local finance bureau or local finance branch bureau pursuant to the provisions of the preceding paragraph, the Securities and Exchange Surveillance Commission directs and supervises the director-general of a local finance bureau or local finance branch bureau.
In the case referred to in paragraph (5), an appeal for review concerning the Securities and Exchange Surveillance Commission's requiring the submission of a report or material (including cases in which the director-general of a local finance bureau or local finance branch bureau does so pursuant to the provisions of paragraph (7)) may only be filed against the Securities and Exchange Surveillance Commission.
Requests by the Competent Minister for the Business(事業所管大臣の請求)
Article 151, paragraph (1)
If the competent minister for the business finds that a business handling personal or other related information has committed an act violating the provisions of Chapter IV, or there is a need for ensuring the proper handling of personal or other related information by a business handling personal or other related information, the minister may request that the Commission take appropriate measures in accordance with the provisions of this Act.
The competent minister for the business in the provisions of this Subsection is as follows:
この款の規定における事業所管大臣は、次のとおりとする。
Article 152, paragraph (1), item (i)
the competent minister for the handling of personal or other related information by a business handling personal or other related information that is relating to employment management is: the Minister of Health, Labor and Welfare (or as for those relating to a mariner's employment management, the Minister of Land, Infrastructure, Transport and Tourism); and a minister having jurisdiction over the business conducted by the business handling personal or other related information, the National Public Safety Commission, or the Japan Casino Regulatory Commission (referred to collectively as the "minister or commission" in the following item);
the competent minister for the handling of personal or other related information by a business handling personal or other related information other than the ones set forth in the preceding item is: the minister or commission having jurisdiction over the business conducted by the business handling personal or other related information.
Subsection 2 Supervision of Certified Personal Information Protection Organizations第二款 認定個人情報保護団体の監督
Article 153第百五十三条
Calling for Reports(報告の徴収)
Article 153, paragraph (1)
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.
the organization has led to falling under Article 48, item (i) or item (iii);
第四十八条第一号又は第三号に該当するに至ったとき。
Article 155, paragraph (1), item (ii)
the organization has become unconformable to one of the items of Article 49;
第四十九条各号のいずれかに適合しなくなったとき。
Article 155, paragraph (1), item (iii)
the organization has violated the provisions of Article 55;
第五十五条の規定に違反したとき。
Article 155, paragraph (1), item (iv)
the organization disobeys an order under the preceding Article;
前条の命令に従わないとき。
Article 155, paragraph (1), item (v)
the organization has received a certification under Article 47, paragraph (1), or a certification of alteration under Article 50, paragraph (1) by wrongful means.
不正の手段により第四十七条第一項の認定又は第五十条第一項の変更の認定を受けたとき。
Article 155, paragraph (2)
When having rescinded a certification pursuant to the provisions of the preceding paragraph, the Commission must announce to the public to that effect.
委員会は、前項の規定により認定を取り消したときは、その旨を公示しなければならない。
Subsection 3 Monitoring of Administrative Entities第三款 行政機関等の監視
Article 156第百五十六条
Requests for Submission of Materials and Firsthand Inspection(資料の提出の要求及び実地調査)
Article 156, paragraph (1)
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.
Requests for Reports on Measures Taken Based on Recommendations(勧告に基づいてとった措置についての報告の要求)
Article 159, paragraph (1)
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.
Restriction on the Exercise of Authority by the Commission(委員会の権限の行使の制限)
Article 160, paragraph (1)
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).
Article 161, paragraph (1)(送達すべき書類)(Document to be Served)Changed
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 Articlefor measures, 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.
Article 161, paragraph (2)(送達すべき書類)(Document to be Served)Changed
For an order under Article 148, paragraph (2)for measures or paragraph (3), oran order under 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.
Article 162, paragraph (1)(送達に関する民事訴訟法の準用)(Application, Mutatis Mutandis, of the Code of Civil Procedure Concerning Service of Documents)Changed
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 provisions of this Act (including Cabinet Orders or Orders of the Personal Information Protection Commission based on this Act; the same applies in Article 164). 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:
委員会は、次に掲げる場合には、公示送達をすることができる。
Article 163, paragraph (1), item (i)(公示送達)
the address or residence of the person to be served or the place where service is to be effected is unknown;
送達を受けるべき者の住所、居所その他送達をすべき場所が知れない場合
Article 163, paragraph (1), item (ii)(公示送達)(Service by Publication)Changed
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.
Service by publication is effected by taking measures to make a notice to the effect that the documents to be served will be delivered at any time to the person to be served available for inspection by a large number of unspecified persons by the method specified by Order of the Personal Information Protection Commission, and to post a document stating that effect on the notice board of the Commission or to make that effect, as displayed on the screen of a computer installed at the business office of the Commission, available for inspection.
Service by publication becomes effective once two weeks have elapsed since the date on which the measures under the preceding paragraph were commenced.
公示送達は、前項の規定による措置を開始した日から二週間を経過することによって、その効力を生ずる。
Article 163, paragraph (4)(公示送達)
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.
外国においてすべき送達についてした公示送達にあっては、前項の期間は、六週間とする。
Article 164第百六十四条
Using Electronic Data Processing Systems(電子情報処理組織の使用)
Article 164, paragraph (1)(電子情報処理組織の使用)(Using Electronic Data Processing Systems)Changed
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 161the provisions 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.
Public Announcement of the Status of Enforcement(施行の状況の公表)
Article 165, paragraph (1)
The Commission may request an administrative organ's head or administrative entity to report on the status of enforcement of this Act.
委員会は、行政機関の長等に対し、この法律の施行の状況について報告を求めることができる。
Article 165, paragraph (2)
Each year the Commission is to compile reports referred to in the preceding paragraph and make a summary of those reports public.
委員会は、毎年度、前項の報告を取りまとめ、その概要を公表するものとする。
Article 166第百六十六条
Requests for Necessary Information by a Local Government(地方公共団体による必要な情報の提供等の求め)
Article 166, paragraph (1)
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.
委員会は、前項の規定による求めがあったときは、必要な情報の提供又は技術的な助言を行うものとする。
Article 167第百六十七条
Notification When Local Ordinances are Prescribed(条例を定めたときの届出)
Article 167, paragraph (1)
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).
前二項の規定は、第一項の規定による届出に係る事項の変更について準用する。
Article 168第百六十八条
Reports to the Diet(国会に対する報告)
Article 168, 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.
委員会は、この法律の円滑な運用を確保するため、総合的な案内所を整備するものとする。
Article 170第百七十条
Affairs Administered by a Local Government(地方公共団体が処理する事務)
Article 170, paragraph (1)
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.
Article 171, paragraph (1)(適用範囲)(Scope of Application)Changed
This Act also applies in those cases in which, in relation to supplying a good or service to a person in Japan, a business handling personal or other related information, a business handling pseudonymized handles the personal information by which that person in Japan is identifiable, sensitive personal information, a business handling anonymized etc. for statistical compilation or similar analysis, provided personal information, etc. for statistical compilation or a business handling information related similar analysis or provided personal data, etc. for statistical compilation or similar analysis pertaining to that personal information handles the, pseudonymized personal information by which or anonymized personal information that person in Japan is identifiablehas been prepared by using that personal information, information related to personal information that is to be acquired as that personal information, or pseudonymized personalcontact-enabling information or anonymizedrelated to personal information that has been prepared by using that personal can be used for contacting or otherwise transmitting information to a specific individual in Japan, in a foreign country.
Information Provision to the Foreign Enforcement Authority(外国執行当局への情報提供)
Article 172, paragraph (1)
The Commission may provide the foreign authority enforcing foreign laws and regulations equivalent to this Act (hereinafter referred to as the "foreign enforcement authority" in this Article) with information that the Commission finds as contributing to their fulfilling the duties (limited to those equivalent to the Commission's duties prescribed in this Act; the same applies in the following paragraph).
Concerning the information provision under the preceding paragraph, appropriate measures must be taken so that the information is neither used for any purpose other than for the foreign enforcement authority's fulfilling their duties nor used for a foreign criminal case investigation (limited to the one conducted after the criminal facts subject to the investigation have been specified) or adjudication (hereinafter referred to as an "investigation or adjudication") without consent under the following paragraph.
When having received a request from the foreign enforcement authority, the Commission may consent that the information it provided pursuant to paragraph (1) be used for a foreign criminal case investigation or adjudication in connection with the request except cases falling under one of the following items:
a crime subject to the criminal case investigation or adjudication in connection with the request is a political crime, or the request is found to have been made for the purpose of conducting the investigation or adjudication into a political crime;
an act relating to the crime that is subject to a criminal case investigation or adjudication connected with the request, if it were committed in Japan, is not to constitute a criminal offense according to the laws and regulations in Japan;
there is no assurance that the requesting country will accept the same kind of request from Japan.
日本国が行う同種の要請に応ずる旨の要請国の保証がないとき。
Article 172, paragraph (4)
If the Commission gives the consent referred to in the preceding paragraph, the Commission must acquire the Minister of Justice's confirmation that the relevant case does not fall under item (i) and item (ii) of that paragraph, and the Minister of Foreign Affairs' confirmation that the relevant case does not fall under item (iii) of that paragraph.
Honest Implementation of International Agreements(国際約束の誠実な履行等)
Article 173, paragraph (1)
In the enforcement of this Act, care must be taken not to preclude the honest implementation of treaty and other international agreement which Japan has concluded, and established international law must be complied with.
The Prime Minister and the head of an administrative organ related to the implementation of this Act (excluding the President of the Board of Audit) must closely communicate and cooperate with one another.
Beyond what is provided for in this Act, Cabinet Order prescribes matters necessary to implement this Act.
この法律に定めるもののほか、この法律の実施のため必要な事項は、政令で定める。
Chapter VIII Penal Provisions第八章 罰則
Article 176第百七十六条
Article 176, paragraph (1)
If an employee or former employee of an administrative entity, a person engaged in or formerly engaged in duties prescribed in the items of Article 66, paragraph (2) or in entrusted duties under Article 73, paragraph (5) or Article 121, paragraph (3), or a dispatched worker that is or was engaged in handling personal information, pseudonymized personal information or anonymized personal information in an administrative entity provides other persons with a personal information file (including a personal information file all or part of which has been reproduced or processed) relating to Article 60, paragraph (2), item (i) that contains confidential information on individuals without justifiable grounds, that person is subject to imprisonment for not more than three years or to a fine of not more than 1,500,000 yen.
A person who has divulged or misappropriated a secret in violation of the provisions of Article 143 is subject to imprisonment for not more than two years or to a fine of not more than 1,000,000 yen.
If a business handling personal information (or its officer, representative or administrator if it is a corporation (including an organization without legal personality that has made provisions for a representative or manager; the same applies in Article 185, paragraph (1))), its employee, or a person who used to be that business or employee has provided or misappropriated a personal information database or the equivalent (including a personal information database or the equivalent all or part of which has been reproduced or processed) that they handled in the course of their business for the purpose of seeking their own or a third party's illegal profits or of causing damage to the identifiable person or any other person, they are subject to imprisonment for not more than two years or to a fine of not more than 1,000,000 yen.
If a person prescribed in Article 176 provides other persons with or misappropriates personal information an administrative entity holds that the person has acquired in the course of their trade, for their own or a third party's illegal profits or for the purpose of causing damage to the identifiable person or any other person, that person is subject to imprisonment for not more than two years or to a fine of not more than 1,000,000 yen.
If a person has acquired personal information, for the purpose of seeking their own or a third party's illegal profits or for the purpose of causing damage to the identifiable person, a person holding the personal information or any other person, by an act of deceiving, assaulting or intimidating a person, or by theft of or damage to property, intrusion into a facility, interception of wire telecommunications, an act of unauthorized computer access (meaning an act of unauthorized computer access prescribed in Article 2, paragraph (4) of the Act on Prohibition of Unauthorized Computer Access (Act No. 128 of 1999)) or any other act that harms the control of a person holding personal information, the person who has committed the violation is subject to imprisonment for not more than two years or to a fine of not more than 1,000,000 yen.
The provisions of the preceding paragraph do not preclude the application of the Penal Code (Act No. 45 of 1907) or any other penal provisions.
前項の規定は、刑法(明治四十年法律第四十五号)その他の罰則の適用を妨げない。
Article 181第百八十一条
Article 181, paragraph (1)
If an order for measures is violated, the person who has committed the violation is subject to imprisonment for not more than one year or to a fine of not more than 1,000,000 yen.
措置命令に違反したときは、当該違反行為をした者は、一年以下の拘禁刑又は百万円以下の罰金に処する。
Article 182第百八十二条
Article 182, paragraph (1)
An employee of an administrative entity who, by abusing that authority, acquires documents, drawings, or electronic or magnetic records containing confidential information on individuals for exclusive use for any purpose other than that employee's duties, is subject to imprisonment for not more than one year or to a fine of not more than 500,000 yen.
In cases that fall under one of the following items, the person who has committed the violation is subject to a fine of not more than 500,000 yen:
次の各号のいずれかに該当する場合には、当該違反行為をした者は、五十万円以下の罰金に処する。
Article 183, paragraph (1), item (i)
a person failed to submit a report or material under Article 146, paragraph (1); submitted a false report or material; failed to answer a question posed by the staff concerned; gave a false answer to a question; or refused, precluded, or evaded an inspection;
a person failed to submit a report under Article 153, or submitted a false report.
第百五十三条の規定による報告をせず、又は虚偽の報告をしたとき。
Article 184第百八十四条
Article 184, paragraph (1)
The provisions of Articles 176 through 180 and Article 182 apply to a person who has committed an offense under these provisions (excluding Article 180, paragraph (2)) outside of Japan.
If a representative of a corporation, or an agent, employee or other worker of a corporation or person has committed a violation of the provisions set forth in the following items in relation to the corporation or person's business, in addition to the offender being punished, the corporation is subject to a fine set forth in those items, and the person is subject to a fine set forth in the respective Articles.
Articles 178 and 181: a fine of not more than 100 million yen;
第百七十八条及び第百八十一条 一億円以下の罰金刑
Article 185, paragraph (1), item (ii)
Articles 180 and 183: a fine set forth in the respective Articles.
第百八十条及び第百八十三条 各本条の罰金刑
Article 185, paragraph (2)
If the provisions of the preceding paragraph apply to an organization without legal personality, its representative or administrator represents that organization regarding an act of litigation, and the provisions of laws on criminal proceedings in the cases in which a corporation is a defendant or suspect apply mutatis mutandis.
A person falling under one of the following items is subject to a civil fine of not more than 100,000 yen:
次の各号のいずれかに該当する者は、十万円以下の過料に処する。
Article 186, paragraph (1), item (i)
a person who has violated the provisions of Article 27, paragraph (8), Article 30, paragraph (2) (including as applied mutatis mutandis pursuant to Article 31, paragraph (3)) or Article 56;
a person who has failed to submit a notification or submitted a false notification under Article 51, paragraph (1);
第五十一条第一項の規定による届出をせず、又は虚偽の届出をした者
Article 186, paragraph (1), item (iii)
a person who has had personal information an administrative entity holds disclosed based on a decision to disclose as prescribed in Article 85, paragraph (3) by deception or other wrongful means.
With regard to matters equivalent to the matters set forth in the items of Article 21-2, paragraph (1) of the Act on the Protection of Personal Information as amended by the provisions of Article 1 (excluding the amending provisions set forth in Article 1, item (iii) of the Supplementary Provisions; the same applies in paragraph (2) of the following Article) (hereinafter referred to as the "New Act on the Protection of Personal Information"), if the identifiable person has been notified of those matters before the Effective Date, that notice is deemed to have been given under that paragraph.
If there is consent, given before the Effective Date, concerning the creation of a code equivalent to a specified biometric individual identification code prescribed in Article 16, paragraph (5) of the New Act on the Protection of Personal Information or the acquisition of information equivalent to specified biometric personal information prescribed in that paragraph, and that consent is equivalent to the consent under Article 35, paragraph (7), item (i) or item (ii) of the New Act on the Protection of Personal Information (including the cases in which these provisions are applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1)), the consent under the relevant item is deemed to have been given.
If there is consent, given before the Effective Date by the legal representative of the identifiable person, concerning the handling of personal information (meaning personal information prescribed in Article 2, paragraph (1) of the Act on the Protection of Personal Information; the same applies hereinafter) or information related to personal information prescribed in paragraph (7) of that Article, and that consent is equivalent to the consent under Article 35, paragraph (9), item (i) of the New Act on the Protection of Personal Information; Article 18, paragraph (1) or paragraph (2), the part of Article 20, paragraph (2) other than the items, the part of Article 27, paragraph (1) other than the items, Article 28, paragraph (1), or Article 35, paragraph (7), item (i) or item (ii) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1) of the New Act on the Protection of Personal Information; Article 31, paragraph (1), item (i) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (2) of the New Act on the Protection of Personal Information; or Article 69, paragraph (2), item (i) or Article 71, paragraph (1) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 71-3 of the New Act on the Protection of Personal Information, the consent under the relevant provision is deemed to have been given.
If there is the consent of the identifiable person, given before the Effective Date, under the provisions of Article 18, paragraph (1) or paragraph (2), the part of Article 20, paragraph (2) other than the items, the part of Article 27, paragraph (1) other than the items, or Article 28, paragraph (1) of the Act on the Protection of Personal Information prior to the amendment by the provisions of Article 1 (hereinafter referred to as the "Former Act on the Protection of Personal Information"), under the provisions of Article 31, paragraph (1), item (i) of the Former Act on the Protection of Personal Information, or under the provisions of Article 69, paragraph (2), item (i) or Article 71, paragraph (1) of the Former Act on the Protection of Personal Information, the consent of the legal representative of that identifiable person is deemed to have been given under the provisions of Article 18, paragraph (1) or paragraph (2), the part of Article 20, paragraph (2) other than the items, the part of Article 27, paragraph (1) other than the items, or Article 28, paragraph (1) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1) of the New Act on the Protection of Personal Information, under the provisions of Article 31, paragraph (1), item (i) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (2) of the New Act on the Protection of Personal Information, or under the provisions of Article 69, paragraph (2), item (i) or Article 71, paragraph (1) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 71-3 of the New Act on the Protection of Personal Information, respectively.
With regard to matters equivalent to the matters set forth in the items of Article 21-2, paragraph (1) or the items of Article 27, paragraph (2) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1) of the New Act on the Protection of Personal Information, or the matters prescribed in Article 27, paragraph (5), item (iii) of that Act, if the legal representative of the identifiable person has been notified of those matters before the Effective Date, that notice is deemed to have been given under the relevant provision.
If, before the Effective Date, a notice has been given to the identifiable person under the provisions of Article 27, paragraph (2) or paragraph (5), item (iii) of the Former Act on the Protection of Personal Information, a notice to the legal representative of that identifiable person is deemed to have been given under the provisions of Article 27, paragraph (2) or paragraph (5), item (iii) of the New Act on the Protection of Personal Information as applied following the deemed replacement of terms pursuant to Article 40-2, paragraph (1) of the New Act on the Protection of Personal Information, respectively.
The provisions of Article 148, paragraphs (1) through (3) of the New Act on the Protection of Personal Information apply to acts in violation of the New Act on the Protection of Personal Information committed on or after the Effective Date, and the provisions then in force continue to govern acts in violation of the Former Act on the Protection of Personal Information committed before the Effective Date.
The provisions of Articles 148-3 through 148-16 of the New Act on the Protection of Personal Information apply to acts subject to administrative monetary penalty prescribed in Article 148-4 of the New Act on the Protection of Personal Information committed on or after the Effective Date.
Every three years after this Act comes into effect, the Government is to review the status of enforcement of the New Act on the Protection of Personal Information, taking into consideration international trends concerning the protection of personal information, the advancement of information and communications technology, the circumstances of the creation and development of new industries utilizing personal information that accompany that advancement, and other factors, and if it finds it necessary, is to take required measures based on the results.