Act on the Protection of Personal Information

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 personal information file;

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;

the purpose of use of the personal information file;

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);

if the recorded information contains sensitive personal information, an indication to that effect;

if the recorded information is routinely provided to a party outside that organ, the name of that party;

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);

if the proviso of Article 90, paragraph (1) or the proviso of Article 98, paragraph (1) applies, an indication to that effect;

other matters prescribed by Cabinet Order.

The provisions of the preceding paragraph do not apply to the personal information files set forth in the following:

a personal information file that contains matters concerning the national security, diplomatic secrets, and other important interests of the State;

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;

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;

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;

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;

a personal information file in relation to Article 60, paragraph (2), item (ii).

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.

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:

a personal information file set forth in items (i) through (x) of paragraph (2) of the preceding Article;

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.

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.

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;

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.