Act on the Protection of Personal Information

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.

The Commission belongs to the jurisdiction of the Prime Minster.

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:

affairs related to the formulation and promotion of a basic policy;

affairs related to a certified personal information protection organization;

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;

affairs related to an investigation and research necessary to administer those affairs set forth in one of the preceding items;

affairs related to international cooperation relating to the function under the jurisdiction;

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).

A chairperson and commissioners of the Commission exercise their official authority independently.

The Commission is to be composed of a chairperson and eight commissioners.

Four of the commissioners are to serve on a part-time basis.

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.

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.

A chairperson or commissioner may be reappointed.

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.

Neither a chairperson nor a commissioner may be dismissed against their will while in office, except cases falling under one of the following items:

they have been subject to an order commencing bankruptcy proceedings;

they have been punished in violation of this Act or the Number Use Act;

they having been sentenced to imprisonment or a heavier punishment;

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 chairperson is to preside over rules and proceedings of the Commission and represent the Commission.

The Commission must designate in advance from among full-time commissioners an acting chairperson in cases in which the chairperson is unavailable.

A meeting of the Commission is to be called by a chairperson.

The Commission may neither hold a meeting nor make a decision, unless a chairperson and four or more commissioners are present.

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.

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.

A specialist commissioner is to be appointed by the Prime Minister based on a proposal made by the Commission.

A specialist commissioner is to be dismissed when they finish their investigation into the specialized matters.

A specialist commissioner is to serve on a part-time basis.

The secretariat is to be established for the purpose of administrating the Commission's affairs.

The secretary general and other staff are to be assigned to the secretariat.

The secretary general is to administer the secretariat's affairs in accordance with the order of the chairperson.

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.

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.

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.

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.

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.