Privacy and Data Protection Law in Japan

Name: Privacy and Data Protection Law in Japan
Brand: Wolters Kluwer
Price: 79.99 EUR
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Fumio Shimpo(Autor*in)

Wolters Kluwer (Verlag)

Erschienen am 20. August 2023

248 Seiten

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Inhalt

Cover
Half Title
Title
Copyright
The Author
Table of Contents
List of Abbreviations
Preface
General Background of the Country
§1. GEOGRAPHY AND POPULATION
§2. POLITICAL SYSTEM
I. Principle of Separation of Powers
II. National Diet
§3. JUDICIAL SYSTEM
I. Court System
II. The Trial Level System
III. Supreme Court
IV. High Court
V. District Court
VI. Family Court
VII. Summary Court
§4. JUDICIAL SYSTEM REFORM
I. Overview of Judicial Reform
II. Building a Judicial System Which Meets the Public's Expectations
III. The Legal Profession in Support of the Judicial System
IV. Building a National Infrastructure Citizen Participation in Justice
Part I. Privacy Protection in Japan
Chapter 1. Privacy Protection in the Constitution
Chapter 2. Regional/International Conventions: National Application
§1. INTERNATIONAL FRAMEWORK & JAPANESE INFORMATION PROTECTION LEGAL SYSTEM
§2. INTERNATIONAL COMMITMENT OF THE PERSONAL INFORMATION PROTECTION COMMISSION
§3. REVISION OF THE 1980 OECD PRIVACY GUIDELINES
§4. APEC PRIVACY FRAMEWORK
§5. DATA FREE FLOW WITH TRUST
Chapter 3. Privacy in Electronic Communications
§1. PROTECTION OF PERSONAL INFORMATION IN THE TELECOMMUNICATIONS SECTOR
§2. COOKIES AND THEIR APPLICABILITY TO PERSONAL INFORMATION
Chapter 4. Other Relevant National Legal Provisions
Part II. National Data Protection Law
Chapter 1. National Data Protection Law: General Description
§1. STRUCTURE OF THE JAPANESE PERSONAL INFORMATION PROTECTION LEGAL SYSTEM
§2. OVERVIEW OF THE ACT ON THE PROTECTION OF PERSONAL INFORMATION
§3. BACKGROUND TO THE ENACTMENT OF THE APPI
§4. ACT ON THE PROTECTION OF PERSONAL INFORMATION COVERING ADMINISTRATIVE ORGANS (1988 LAW)
§5. ACT ON THE PROTECTION OF PERSONAL INFORMATION (ACT NO.57 OF 2003)
§6. 2015 AMENDMENTS OF THE ACT ON THE PROTECTION OF PERSONAL INFORMATION
I. Summary of Legislative Amendments
II. Reason for the 2015 Amendments
III. Outline of the 2015 Amendments
IV. Main Aspects of the 2015 Amendments
§7. 2020 AND 2021 AMENDMENTS OF THE APPI
I. Summary of Legislative Amendments
II. Enforcement Date of the 2020 and 2021 Amendments
III. Outline of the 2020 Amendments
IV. Outline of the 2021 Amendments
Chapter 2. Scope of the National Law
Chapter 3. Concepts and Definitions
§1. DEFINITION OF PERSONAL INFORMATION
§2. SPECIAL CARE-REQUIRED PERSONAL INFORMATION (RELATED TO ARTICLE 2(3) OF THE ACT)
§3. PERSONAL INFORMATION DATABASES, ETC., (ARTICLE 16 OF THE ACT)
§4. PERSONAL INFORMATION FILE (DEFINITION APPLIES ONLY TO ADMINISTRATIVE ORGANS)
§5. PERSONAL INFORMATION HANDLING BUSINESS OPERATOR (IN RELATION TO ARTICLE 16(2) OF THE ACT)
§6. PERSONAL DATA (IN RELATION TO ARTICLE 16(3) OF THE ACT)
§7. RETAINED PERSONAL DATA (IN RELATION TO ARTICLE 16(4) OF THE ACT)
§8. PERSONALLY REFERABLE INFORMATION (ARTICLE 2(7) OF THE ACT)
§9. PSEUDONYMOUSLY PROCESSED INFORMATION (ARTICLE 16(5) OF THE ACT)
§10. ANONYMOUSLY PROCESSED INFORMATION (IN RELATION TO ARTICLE 16(6) OF THE ACT)
Part III. General Principles
Chapter 1. Data Quality Principles
Chapter 2. Legal Grounds for Processing Personal Data
Chapter 3. Special Categories of Personal Data
§1. SPECIAL CARE-REQUIRED PERSONAL INFORMATION
I. Obligations in Relation to Special Care-Required Personal Information
II. Personal Information Falling under Special Care-Required Personal Information
§2. ANONYMOUSLY PROCESSED INFORMATION (IN RELATION TO ARTICLE 2(9) OF THE ACT)
I. Definition of Anonymously Processed Information
II. Overview of Obligations Relating to the Handling of Anonymously Processed Information
III. The Concept of Anonymously Processed Information
§3. PROVISIONS ON THE ANONYMOUSLY PROCESSED INFORMATION OF AN ADMINISTRATIVE ORGAN
I. Preparation of the Anonymously Processed Information of Administrative Organs
II. Provision of the Anonymously Processed Information of Administrative Organs
§4. PERSONALLY REFERABLE INFORMATION (ARTICLE 2(7) OF THE ACT)
Part IV. Data Subjects' Rights
Chapter 1. The Right to Be Informed
Chapter 2. The Right of Access
Chapter 3. Rights of Rectification
Chapter 4. The Right to Erasure
Chapter 5. The Right to Restriction
Chapter 6. Profiling
Chapter 7. The Right to Object
Chapter 8. Other Principals' Rights
Part V. Duties of Controllers and Processors
Chapter 1. Admin Orgs' Personal Info: Restrictions/Retention
Chapter 2. Purpose of Use of Personal Information
§1. SPECIFYING A PURPOSE OF USE (ARTICLE 17(1) OF THE ACT)
§2. ALTERING A PURPOSE OF USE (RELATED TO ARTICLES 17(2) AND 21(3) OF THE ACT)
§3. RESTRICTION DUE TO UTILISATION PURPOSE (RELATED TO ARTICLE 18(1) OF THE ACT)
§4. SUCCESSION OF BUSINESS (RELATED TO ARTICLE 18(2) OF THE ACT)
§5. EXCEPTIONS TO RESTRICTIONS REGARDING PURPOSE OF USE (RELATED TO ARTICLE 18(3) OF THE ACT)
§6. ADMINISTRATIVE ORGANS' COMPLIANCE IN ACQUIRING AND USING PERSONAL INFORMATION
§7. CHANGES TO THE PURPOSE OF USE INSTIGATED BY ADMINISTRATIVE ORGANS (ARTICLE 61(3) OF THE ACT)
§8. CLEAR STATEMENT OF THE PURPOSE OF USE WHEN AN ADMINISTRATIVE ORGAN ACQUIRES INFORMATION IN WRITING FROM A DATA SUBJECT (ARTICLE 62 OF THE ACT)
Chapter 3. Prohibition of Improper Use
§1. PROVISIONS ON THE PROHIBITION OF IMPROPER USE
§2. ILLEGAL OR UNJUSTIFIED ACTS
§3. PROHIBITION OF IMPROPER USE AND ACQUISITION BY ADMINISTRATIVE ORGANS (ARTICLES 63 AND 64 OF THE ACT)
Chapter 4. Acquisition of Personal Data
§1. PROPER ACQUISITION (RELATED TO ARTICLE 20(1) OF THE ACT)
§2. ACQUIRING SPECIAL CARE-REQUIRED PERSONAL INFORMATION (ARTICLE 20(2) OF THE ACT)
§3. NOTIFICATION OR PUBLICATION OF THE PURPOSE OF USE (RELATED TO ARTICLE 21(1) OF THE ACT)
§4. DIRECT ACQUISITION IN WRITING FROM THE PRINCIPALS (RELATED TO ARTICLE 21(2) OF THE ACT)
§5. CASES IN WHICH NOTIFICATION OF THE PURPOSE OF USE IS NOT REQUIRED (ARTICLE 21(4) OF THE ACT)
Chapter 5. Management of Personal Data
§1. ENSURING THE ACCURACY OF DATA CONTENTS (ARTICLE 22 OF THE ACT)
§2. ENSURING THE ACCURACY OF RETAINED PERSONAL INFORMATION HELD BY ADMINISTRATIVE ORGANS (ARTICLE 65 OF THE ACT)
§3. SECURITY MANAGEMENT MEASURES (RELATED TO ARTICLE 23 OF THE ACT)
§4. SECURITY CONTROL MEASURES IN ADMINISTRATIVE ORGANS (ARTICLE 66(1) OF THE ACT)
§5. SUPERVISION OF EMPLOYEES (RELATED TO ARTICLE 24 OF THE ACT)
§6. OBLIGATIONS OF PERSONS ENGAGED IN ADMINISTRATIVE ORGANS (ARTICLE 67 OF THE ACT)
§7. SUPERVISION OF CONTRACTORS (RELATED TO ARTICLE 25 OF THE ACT)
I. Selection of Appropriate Contractors
II. Entrustment Contract
III. Confirming the Status of Personal Data Handling at the Consignee
Chapter 6. Reporting of Leaks of Personal Data
§1. DETERMINING A LEAKAGE
§2. MEASURES TO BE TAKEN IN THE EVENT OF DISCOVERY OF A LEAKAGE INCIDENT
I. Reporting Within the Operator and Preventing the Spread of Damage
II. Investigation of Facts and Causes
III. Identification of the Scope of Influence
IV. Examination and Implementation of Measures to Prevent Recurrence
V. Report to the PPC and Notify the Person Concerned
§3. REPORTING TO THE PPC (RELATED TO SECTION 26(1) OF THE ACT)
§4. NOTIFICATION TO THE PERSON CONCERNED (RELATED TO ARTICLE 26(2) OF THE ACT)
I. Situations Subject to Notification and Entities Obliged to Notify
II. Due Date for Notification
III. Contents of Notification
IV. Method of Notification
V. Exceptions to Notification
§5. REPORTING BY ADMINISTRATIVE ORGANS TO THE PPC (ARTICLE 68(1) OF THE ACT)
§6. NOTIFICATION TO THE PERSON IN THE CASE OF AN ADMINISTRATIVE ORGAN (ARTICLE 68(2) OF THE ACT)
Chapter 7. Provision of Personal Data to Third Parties
§1. PRINCIPLE OF LIMITATION OF PROVISION TO THIRD PARTIES (RELATED TO ARTICLE 27(1) OF THE ACT)
§2. PROVISION OF PERSONAL DATA TO THIRD PARTIES BY OPTING OUT (RELATED TO ARTICLE 27(2)-(4) OF THE ACT)
§3. CASES WHERE THE PERSON DOES NOT FALL INTO THE CATEGORY OF A THIRD PARTY (RELATED TO ARTICLE 27(5) AND (6) OF THE ACT)
I. Entrustment (Article 27(5)(i) of the Act)
II. Succession of Business (Article 27(5)(ii) of the Act)
III. Joint Use (Article 27(5)(iii) of the Act)
§4. PURPOSE OF USE BY PERSONS WHO USE THE DATA
§5. THE NAME AND ADDRESS OF THE PERSON RESPONSIBLE FOR THE MANAGEMENT OF THE PERSONAL DATA CONCERNED AND, IN THE CASE OF A LEGAL ENTITY, THE NAME OF ITS REPRESENTATIVE
§6. RESTRICTIONS ON PROVISION TO THIRD PARTIES LOCATED IN FOREIGN COUNTRIES (RELATED TO ARTICLE 28 OF THE ACT)
§7. PREPARATION OF RECORDS PERTAINING TO THIRD PARTY PROVISION (RELATED TO ARTICLE 29 OF THE ACT)
I. Procedures for Provision (to Domestic Third Parties)
II. Procedures for Provision (to Third Parties Located Abroad)
§8. CONFIRMATION WHEN RECEIVING THIRD PARTY PROVISION (RELATED TO ARTICLE 30 OF THE ACT)
§9. PRINCIPLE OF PROHIBITION OF USE AND PROVISION BY ADMINISTRATIVE ORGANS FOR PURPOSES OTHER THAN THE INTENDED USE (ARTICLE 69(1) OF THE ACT)
§10. WHERE AN ADMINISTRATIVE ORGAN IS PERMITTED TO USE AND PROVIDE INFORMATION FOR PURPOSES OTHER THAN THE PURPOSE OF USE IN EXCEPTIONAL CASES (ARTICLE 69(2) OF THE ACT)
§11. REQUESTS FOR MEASURES BY ADMINISTRATIVE ORGANS TO PERSONS TO WHOM RETAINED PERSONAL INFORMATION IS PROVIDED (ARTICLE 70 OF THE ACT)
Chapter 8. Third-Party Provision: Personally Referable Information
§1. REGARDING THE APPLICATION OF ARTICLE 31
§2. WHERE THE PERSONALLY REFERABLE INFORMATION IS PROVIDED TO A FOREIGN THIRD PARTY
§3. THE RECORDING OBLIGATIONS OF PERSONALLY REFERABLE INFORMATION HANDLING BUSINESS OPERATORS
§4. OUTSOURCING, SUCCESSION OF BUSINESS, AND JOINT USE OF PERSONALLY REFERABLE INFORMATION
I. Outsourcing
II. Succession of Business
III. Joint Use
Chapter 9. Public Disclosure Items Relating to Retained Personal Data
§1. PUBLIC DISCLOSE ITEMS RELATING TO RETAINED PERSONAL DATA (ARTICLE 32 OF THE ACT)
§2. DISCLOSURE OF RETAINED PERSONAL DATA (RELATED TO ARTICLE 33(1)-(4) OF THE ACT)
I. Where There Is a Risk of Harm to the Life, Body, Property, or Other Rights or Interests of the Individual Concerned or a Third Party
II. Where There Is a Risk of a Significant Hindrance to the Proper Conduct of the Personal Information Handling Business Operator's Business
III. Where It Would Violate Other Laws and Regulations
§3. DISCLOSURE OF RECORDS PROVIDED TO THIRD PARTIES (ARTICLE 33(5), PARAGRAPHS 1-3 OF THE ACT)
§4. CORRECTION OF RETAINED PERSONAL DATA (ARTICLE 34 OF THE ACT)
§5. SUSPENSION OF USE OF RETAINED PERSONAL DATA (RELATED TO ARTICLE 35 OF THE ACT)
I. Requirements for Suspension of Use
A. Suspension of Use in Case of Violation of the Act
B. Suspension of Provision to Third Parties in Case of Violation of the Act
C. Cessation of Use or Cessation of Provision to Third Parties When the Requirements of Article 35(5) of the Act Are Met
Chapter 10. Admin Orgs': Disclosure/Correction/Utilisation Cease
Chapter 11. Disclosure
§1. SUBJECTS OF DISCLOSURE REQUESTS
§2. RETAINED PERSONAL INFORMATION SUBJECT TO A DISCLOSURE REQUEST
§3. OBLIGATION TO DISCLOSE
Chapter 12. Correction
§1. SUBJECT OF CORRECTION REQUEST
§2. RETAINED PERSONAL INFORMATION SUBJECT TO CORRECTION REQUEST
§3. DUE DATE FOR CORRECTION REQUESTS
§4. CORRECTION OBLIGATIONS
§5. PROCEDURES FOR RESPONDING TO CORRECTION REQUESTS
§6. TRANSFER OF CORRECTION REQUEST CASES
§7. NOTIFICATION TO THE RECIPIENT OF RETAINED PERSONAL INFORMATION
Chapter 13. Suspension of Use and Deletion
§1. SUBJECT OF REQUEST FOR SUSPENSION OF USE
§2. RETAINED PERSONAL INFORMATION SUBJECT TO A REQUEST FOR SUSPENSION OF USE
§3. DUE DATE FOR REQUESTS FOR SUSPENSION OF USE
§4. OBLIGATION TO SUSPEND USE
§5. PROCEDURES FOR RESPONDING TO REQUESTS FOR SUSPENSION OF USE
Chapter 14. Request for Review
§1. EXEMPTIONS TO THE PROVISIONS ON HEARING PROCEDURES PRESIDED OVER BY A HEARING EXAMINER
§2. CONSULTATION WITH THE INFORMATION DISCLOSURE AND PERSONAL INFORMATION PROTECTION BOARD
§3. PROCEDURES IN THE CASE OF DISMISSING A REQUEST FOR REVIEW FROM A THIRD PARTY
Chapter 15. Complaint Consultation
Chapter 16. Obligations of PPI Handling Business Operators
Chapter 17. Handling of PRI, PPI, and API by Administrative Organs
Chapter 18. Handling of PRI in Administrative Organs
Chapter 19. Handling of PPI Within Administrative Organs
Chapter 20. Handling of API Within Administrative Organs
Part VI. Codes of Conduct and Certification
Chapter 1. The Personal Information Protection Certification System
Chapter 2. Nature of JIS Q 15001
Chapter 3. Meaning of 'JIS' and 'Q'
Part VII. International Transfers
Chapter 1. General Principles
§1. RESPONSE TO GLOBALISATION
§2. EXTRATERRITORIAL APPLICATION (ARTICLE 171 OF THE ACT)
I. Overview of Extraterritorial Application
II. Details of the Provisions
III. Rules and Enforcement to Be Applied
IV. Exemptions from Extraterritorial Application
V. Other Laws with Extraterritorial Application
§3. RESTRICTIONS ON TRANSFERS TO FOREIGN COUNTRIES (RELATED TO ARTICLE 28 OF THE ACT)
I. Onward Transfer to a Foreign Country
II. Foreign States or Territories Specified by the Rules of the Personal Information Protection Commission as Having a System of Personal Information Protection Considered to Be of a Level Equivalent to That of Japan
III. Administrative Organs' Provision to Third Parties in Foreign Countries for Purposes Other Than the Purpose of Use (Article 71(1) of the Act)
Chapter 2. Transfers in the Context of International Agreements
§1. CONSULTATION ON THE ESTABLISHMENT OF A FRAMEWORK FOR THE SMOOTH MUTUAL TRANSFER OF PERSONAL DATA BETWEEN JAPAN AND THE EU
§2. SIGNIFICANCE OF EU-JAPAN MUTUAL ADEQUACY FINDINGS
Part VIII. Enforcement
Chapter 1. Supervisory Authorities
§1. THE JAPANESE PERSONAL INFORMATION PROTECTION COMMISSION
§2. ORGANISATION OF THE PERSONAL INFORMATION PROTECTION COMMISSION (PPC)
Chapter 2. Composition
Chapter 3. Competence, Tasks, and Powers
§1. LAW ENFORCEMENT MECHANISM PROVIDED BY THE APPI
I. Step-by-Step Law Enforcement Mechanism
II. Limitations on the Powers of the Personal Information Protection Commission (Article 149 of the Act)
III. Competent Ministers (Related to Article 150 of the Act)
IV. Cross-Border Cooperation in the Enforcement of Laws
§2. LAW ENFORCEMENT CASES
I. Examples of Enforcement Against Foreign Business Operators
II. Guidance on the Distribution of Advertisements Using Captured Facial Images
III. Two Separate Recommendations on the Provision of Job Offer Rejection Rates
IV. Order Against Illegal Posting of Personal Data on Websites
V. Guidance on Supervision of Contractors and Provision to Third Parties in Foreign Countries
Chapter 4. Remedies
Chapter 5. Liabilities
Chapter 6. Penalties
Part IX. Specific Processing Situations
Chapter 1. Journalistic, Academic, Artistic, or Literary Expression
Chapter 2. Public Access to Official Documents
§1. ACT ON ACCESS TO INFORMATION HELD BY ADMINISTRATIVE ORGANS
§2. PUBLIC ACCESS TO OFFICIAL DOCUMENTS AND PROTECTION OF PERSONAL INFORMATION
§3. DISCLOSURE PROCEDURES
§4. PUBLIC RECORDS MANAGEMENT ACT
Chapter 3. Processing National Identification Numbers
§1. NATIONAL IDENTIFICATION NUMBER SYSTEM
§2. MY NUMBER LEGAL SYSTEM
§3. MEASURES TO PROTECT PERSONAL INFORMATION AND PRIVACY UNDER THE NUMBER ACT
§4. INSTITUTIONAL MEASURES TO PROTECT PERSONAL INFORMATION
Selected Bibliography
Index
Back Cover

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