Japan: Act on the Protection of Personal Information

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Japan’s data privacy law is known as the Act on the Protection of Personal Information (APPI). The law was enacted in 2005 and has since been revised twice, with the latest revision taking effect in 2020. The APPI aims to protect the privacy of personal information while promoting the use of such information for the public interest.

Under the APPI, personal information is defined as any information that can identify a specific individual, such as name, address, date of birth, and social security number. The law requires that businesses and organizations that handle personal information take appropriate measures to protect it from unauthorized access, use, and disclosure.

The APPI applies to both public and private entities that handle personal information in Japan, regardless of their location. It also applies to foreign entities that handle the personal information of individuals in Japan.

Some of the key provisions of the APPI include:

  • Consent: Organizations must obtain consent from individuals before collecting, using, or disclosing their personal information.
  • Purpose: Organizations must clearly state the purpose for which personal information is collected, used, or disclosed, and must not use or disclose the information for any other purpose without obtaining additional consent.
  • Security measures: Organizations must take appropriate security measures to protect personal information from unauthorized access, use, or disclosure.
  • Access and correction: Individuals have the right to access and correct their personal information held by organizations.
  • Cross-border data transfer: Organizations must obtain consent from individuals before transferring their personal information outside of Japan, and must take appropriate measures to protect the information during the transfer.

Failure to comply with the APPI can result in fines and other penalties. In addition, the APPI allows individuals to file civil lawsuits against organizations that violate their privacy rights.

In conclusion, Japan’s data privacy law, the Act on the Protection of Personal Information, aims to protect the privacy of personal information while promoting its use for the public interest. The law applies to both public and private entities that handle personal information in Japan and includes provisions related to consent, purpose, security measures, access and correction, and cross-border data transfer.

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