Act on the Protection of Personal Information

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.

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.

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.

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".

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.

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.

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.

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.

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.

When making an explanation, documentary evidence or articles of evidence may be submitted.

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):

the amount of the administrative monetary penalty that the Commission intends to order 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;

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).

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.

Each agent may perform any and all acts relating to the explanation on behalf of the party.

The qualifications of an agent must be proved in writing.

When an agent loses their qualifications, the party that appointed that agent must notify the Commission to that effect in writing.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.