3.1.1 Processing of Personal Data in the Context of Services Provided at
a Distance by Electronic Means
Two laws were introduced in 2002 that regulate spam e-mail: the Act on Regulation
of Transmission of Specified Electronic Mail (regulating e-mails sent as a means of
advertisement), and the amended Act on Specified Commercial Transactions (regulating mail order businesses).
The Act on Regulation of Transmission of Specified Electronic Mail and the Act
on Specified Commercial Transactions provide for an opt-in system. An opt-out
system was adopted at the time of their introduction in 2002, but as the transmission
of spam e-mails increased, an opt-in system was introduced in the 2008 revisions,
which also include stronger enforcement provisions and penalties.
To protect spam e-mail recipients, the two acts provide regulations as shown in
Table 1.
3.1.2 Protection of Minors’ Personal Data Processed by Electronic
Means
There are no special protections for the personal information of minors. The Act on
Development of an Environment that Provides Safe and Secure Internet Use for
Young People was enacted on June 11, 2008, and the act aims to encourage the
voluntary efforts of related industries to prevent young people under the age of
18 from coming into contact with harmful information.
Table 1 Spam e-mail regulations in Japan
Act on Regulation of Transmission
of Specified Electronic Mail
Act on Specified Commercial Transactions
Objects of
the
regulation
E-mails sent as a means of
advertisement
E-mails that advertise mail order sales
Obligations • Opt-in (Article 3)
• Obligation of senders’ information
labeling (Article 4)
• Prohibition of transmission using
fictitious electronic mail address
(Article 5)
• Prohibition of transmission under
false sender information (Article 6)
• Refusal of provision of telecommunications services (Article 11)
• Opt-in (Article 12-3(1))
• Prohibition of transmission to persons
who refuse to receive e-mails that advertise
mail order sales (Article 12-3(2))
• Obligation to make record of opt-in participants (Article 12-3(3))
• Obligation of senders’ information labeling (Article 12-3(4))
Data Protection in the Internet: Japanese National Report
259
a Distance by Electronic Means
Two laws were introduced in 2002 that regulate spam e-mail: the Act on Regulation
of Transmission of Specified Electronic Mail (regulating e-mails sent as a means of
advertisement), and the amended Act on Specified Commercial Transactions (regulating mail order businesses).
The Act on Regulation of Transmission of Specified Electronic Mail and the Act
on Specified Commercial Transactions provide for an opt-in system. An opt-out
system was adopted at the time of their introduction in 2002, but as the transmission
of spam e-mails increased, an opt-in system was introduced in the 2008 revisions,
which also include stronger enforcement provisions and penalties.
To protect spam e-mail recipients, the two acts provide regulations as shown in
Table 1.
3.1.2 Protection of Minors’ Personal Data Processed by Electronic
Means
There are no special protections for the personal information of minors. The Act on
Development of an Environment that Provides Safe and Secure Internet Use for
Young People was enacted on June 11, 2008, and the act aims to encourage the
voluntary efforts of related industries to prevent young people under the age of
18 from coming into contact with harmful information.
Table 1 Spam e-mail regulations in Japan
Act on Regulation of Transmission
of Specified Electronic Mail
Act on Specified Commercial Transactions
Objects of
the
regulation
E-mails sent as a means of
advertisement
E-mails that advertise mail order sales
Obligations • Opt-in (Article 3)
• Obligation of senders’ information
labeling (Article 4)
• Prohibition of transmission using
fictitious electronic mail address
(Article 5)
• Prohibition of transmission under
false sender information (Article 6)
• Refusal of provision of telecommunications services (Article 11)
• Opt-in (Article 12-3(1))
• Prohibition of transmission to persons
who refuse to receive e-mails that advertise
mail order sales (Article 12-3(2))
• Obligation to make record of opt-in participants (Article 12-3(3))
• Obligation of senders’ information labeling (Article 12-3(4))
Data Protection in the Internet: Japanese National Report
259