Abstract
This report provides an overview of the data protection system in Japan, as a national report for the “Data Protection in the Internet” session held at the Congress of the International Academy of Comparative Law in Fukuoka in 2018.
The privacy and data protection system in Japan has been established by reference to systems of other countries, including the European Union and the United States. It has become, however, a thing of its own that reflects national circumstances and culture.
It is important for the Japanese data protection system to catch up to the changes caused by new technologies and balance the Japan-specific background of regulation and international harmonization.
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This report is also going to be published in “Japanese Reports for the 20th International Congress of Comparative Law (ICCLP Publications No.14)”, International Center for Comparative Law and Politics, Graduate School of Law and Politics, the University of Tokyo, May 2019.
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Article 13 of the Constitution of Japan states the following: “All people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.” Source: The Ministry of Justice, Japanese Law Translation Database System, http://www.japaneselawtranslation.go.jp. Accessed 6 Nov 2018.
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Saiko Saibansho [Sup. Ct.], Sep. 12, 2003, 1823 Hanji 3 (Japan).
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Article 2(1) states the following: “‘Personal information’ in this Act means information relating to a living individual that falls under any of the following items:
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(i)
information containing a name, date of birth, other description, etc. (meaning any and all matters – excluding an individual identification code – stated, recorded, or otherwise expressed using voice, movement, or other methods in a document, drawing, or electromagnetic record (meaning a record kept in an electronic, magnetic, or other form that cannot be recognized through the human senses; the same shall apply in the succeeding paragraph (ii) and in Article 18, Paragraph 2 (hereinafter “same”)) whereby a specific individual can be identified (including that which can be readily collated with other information and thereby identify a specific individual); or
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(ii)
information containing an individual identification code.”
Source: The PPC, Amended Act on the Protection of Personal Information (Tentative Translation), https://www.ppc.go.jp/files/pdf/280222_amendedlaw.pdf. Accessed 6 Nov 2018.
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(i)
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PPC Webpage, Accredited Personal Information Protection Organizations, https://www.ppc.go.jp/. Accessed 6 Nov 2018.
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The PPC supervises the processing of personal information in general under the APPI and in the context of electronic communications, as well. The MIC supervises the processing of information handled by telecommunication carriers, especially those associated with confidential information protected by secrecy of communications under the Telecommunications Business Law.
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Saiko Saibansho [Sup. Ct.], January 31, 2017, 2328 Hanji 10 (Japan).
- 8.
Tokyo Chiho Saibansho [Tokyo Dist. Ct.], Dec. 3, 2001, 826 Roudo Hanrei 76 (Japan); Tokyo Chiho Saibansho [Tokyo Dist. Ct.], Feb. 26, 2002, 825 Roudo Hanrei 50 (Japan).
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The Ministry of Health, Labour, and Welfare and Ministry of Economy, Trade, and Industry, Guidelines Targeting Economic and Industrial Sectors Pertaining to the Act on the Protection of Personal Information, Announcement No. 2 of October 9, 2009 (Tentative Translation), http://www.meti.go.jp/policy/it_policy/privacy/0910english.pdf. Accessed 6 Nov 2018.
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The MIC, Focus Points Regarding the Private Use of Social Media by State Public Officials, http://www.soumu.go.jp/menu_news/s-news/01jinji02_02000084.html. Accessed 6 Nov 2018.
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The PPC, Guidance for Responding to Cases Such as Personal Data Leaks, etc., (Announcement No. 1 of 2017 by the Personal Information Protection Committee), https://www.ppc.go.jp/personal/legal. Accessed 6 Nov 2018.
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Provisions concerning confidential information protected by secrecy of communications are set forth in the Constitution of Japan (Article 21(2)), the Telecommunications Business Act (Article 4 and Article 179), the Radio Law (Article 109 and Article 109(2)), and the Cable Telecommunications Act (Articles 9 and 14).
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The MIC, Telecommunications Business Act (Translation by the MIC), http://www.soumu.go.jp/main_sosiki/joho_tsusin/eng/Resources/laws/pdf/090204_2.pdf. Accessed 6 Nov 2018.
- 14.
The MIC, Manual on Entry into Telecommunications Business [Supplementary Edition] - Concept and Case Study on Necessity of Notification, etc. (August 18, 2005), http://www.soumu.go.jp/main_content/000477428.pdf. Accessed 6 Nov 2018.
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The MIC, “Guidelines for the Protection of Personal Information Handled by Telecommunications Businesses”. (April 18, 2017), http://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/telecom_perinfo_guideline_intro.html. Accessed 6 Nov 2018.
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Saiko Saibansho [Sup. Ct.], March 15, 2017, 2333 Hanji 4 (Japan).
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Article 75 states: “The provisions of Article 15, Article 16, Article 18 (excluding paragraph (2)), Article 19 through Article 25, Article 27 thorough Article 36, Article 41, Article 42, paragraph (1), Article 43 and the following Article shall also apply in those cases where a personal information handling business operator who in relation to supplying a good or service to a person in Japan has acquired personal information relating to the person as a principal who handles in a foreign country the personal information or anonymously processed information produced by using the said personal information.” Source: The PPC, Amended Act on the Protection of Personal Information (Tentative Translation), https://www.ppc.go.jp/files/pdf/280222_amendedlaw.pdf. Accessed 6 Nov 2018.
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Joint Statement by Haruhi Kumazawa, Commissioner of the Personal Information Protection Commission of Japan and Věra Jourová, Commissioner for Justice, Consumers and Gender Equality of the European Commission, Tokyo, 17 July 2018, https://www.ppc.go.jp/files/pdf/300717_pressstatement2.pdf. Accessed 6 Nov 2018.
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Article 17 states: “The formation and effect of a claim arising from a tort shall be governed by the law of the place where the result of the wrongful act occurred; provided, however, that if the occurrence of the result at said place was ordinarily unforeseeable, the law of the place where the wrongful act was committed shall govern.” Source: The Ministry of Justice, Japanese Law Translation Database System, http://www.japaneselawtranslation.go.jp. Accessed 6 Nov 2018.
References
Joint Statement by Haruhi Kumazawa, Commissioner of the Personal Information Protection Commission of Japan and Věra Jourová, Commissioner for Justice, Consumers and Gender Equality of the European Commission, Tokyo, 17 July 2018. https://www.ppc.go.jp/files/pdf/300717_pressstatement2.pdf. Accessed 6 Nov 2018
Komukai T (2018) Introduction to informational law: law on digital network, 4th edn. NTT Publishing, Tokyo
The MIC (2005) Manual on entry into telecommunications business [supplementary edition] - concept and case study on necessity of notification, etc. (August 18, 2005). http://www.soumu.go.jp/main_content/000477428.pdf. Accessed 6 Nov 2018
The MIC. Focus points regarding the private use of social media by state public officials. http://www.soumu.go.jp/menu_news/s-news/01jinji02_02000084.html. Accessed 6 Nov 2018
The MIC. Telecommunications Business Act (translation by the MIC). http://www.soumu.go.jp/main_sosiki/joho_tsusin/eng/Resources/laws/pdf/090204_2.pdf. Accessed 6 Nov 2018
The Ministry of Health, Labour, and Welfare and Ministry of Economy, Trade, and Industry, Guidelines Targeting Economic and Industrial Sectors Pertaining to the Act on the Protection of Personal Information, Announcement No. 2 of October 9, 2009 (Tentative Translation). http://www.meti.go.jp/policy/it_policy/privacy/0910english.pdf. Accessed 6 Nov 2018
The Ministry of Justice, Japanese Law Translation Database System. http://www.japaneselawtranslation.go.jp. Accessed 6 Nov 2018
The PPC. Guidance for responding to cases such as personal data leaks, etc., (Announcement No. 1 of 2017 by the Personal Information Protection Committee). https://www.ppc.go.jp/personal/legal. Accessed 6 Nov 2018
The PPC. Amended Act on the Protection of Personal Information (Tentative Translation). https://www.ppc.go.jp/files/pdf/280222_amendedlaw.pdf. Accessed 6 Nov 2018
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Komukai, T. (2020). Data Protection in the Internet: Japanese National Report. In: Moura Vicente, D., de Vasconcelos Casimiro, S. (eds) Data Protection in the Internet. Ius Comparatum - Global Studies in Comparative Law, vol 38. Springer, Cham. https://doi.org/10.1007/978-3-030-28049-9_10
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