1.2 Organization of This Report
The organization of this report is as follows:
Section 1: Introduction
Section 2: General Data Protection Framework in Japan
Section 3: Specific Problems Concerning Data Protection in the Internet
Section 4: International Dimension of Data Protection
Section 5: Conclusion
2 General Data Protection Framework in Japan
2.1 Applicable Rules
In Japan, the right to privacy is recognized as a fundamental right derived from the
Constitution’s general rule stated in Article 13, which establishes people’s right to
the pursuit of happiness.
2
The fundamental law on personal data protection in Japan, the Act on the
Protection of Personal Information (APPI), was enacted in 2003, and part of its
stated purpose is “to protect an individual’s rights and interests”. Although the right
to privacy is guaranteed by Article 13 of the Constitution and the protection of such a
right could have been included in the purpose of the APPI, it is not clearly mentioned
in the provisions because the scope of the right to privacy is still controversial in
Japan.
The APPI establishes basic Japanese policy for data protection and imposes
obligations on the enterprises that process personal data, defined in the act as
“personal information handling business operators” (hereinafter “Business Operators”). As the APPI was amended in 2015 and the amended act entered into force in
2017, this report will be based on the provisions of the APPI as amended in 2015
unless otherwise noted.
As for the public sector, there are two other acts: the Act on the Protection of
Personal Information Held by Administrative Organs, and the Act on the Protection
of Personal Information Held by Incorporated Administrative Agencies.
The Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (the My Number Act) covers the handling of personal data related to
individual numbers that are a type of national ID, known as “My Number”. This
number is allocated to each person and is processed for administrative procedures in
2 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.
254
T. Komukai
The organization of this report is as follows:
Section 1: Introduction
Section 2: General Data Protection Framework in Japan
Section 3: Specific Problems Concerning Data Protection in the Internet
Section 4: International Dimension of Data Protection
Section 5: Conclusion
2 General Data Protection Framework in Japan
2.1 Applicable Rules
In Japan, the right to privacy is recognized as a fundamental right derived from the
Constitution’s general rule stated in Article 13, which establishes people’s right to
the pursuit of happiness.
2
The fundamental law on personal data protection in Japan, the Act on the
Protection of Personal Information (APPI), was enacted in 2003, and part of its
stated purpose is “to protect an individual’s rights and interests”. Although the right
to privacy is guaranteed by Article 13 of the Constitution and the protection of such a
right could have been included in the purpose of the APPI, it is not clearly mentioned
in the provisions because the scope of the right to privacy is still controversial in
Japan.
The APPI establishes basic Japanese policy for data protection and imposes
obligations on the enterprises that process personal data, defined in the act as
“personal information handling business operators” (hereinafter “Business Operators”). As the APPI was amended in 2015 and the amended act entered into force in
2017, this report will be based on the provisions of the APPI as amended in 2015
unless otherwise noted.
As for the public sector, there are two other acts: the Act on the Protection of
Personal Information Held by Administrative Organs, and the Act on the Protection
of Personal Information Held by Incorporated Administrative Agencies.
The Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (the My Number Act) covers the handling of personal data related to
individual numbers that are a type of national ID, known as “My Number”. This
number is allocated to each person and is processed for administrative procedures in
2 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.
254
T. Komukai