3.1.3 Right to the Erasure of Personal Data Processed by Electronic
Means
There are no statutory laws or guidelines regulating the “right to erasure” or the
“right to be forgotten” in Japan; however, there have been some court cases in which
search engines have sought to eliminate search results related to past information
because of privacy infringement, defamation, etc. In some cases, even facts
published legitimately in the past were considered to infringe on privacy or be
grounds for defamation for specific reasons.
The Supreme Court held that a search service provider is obligated to delete
search results only in the event that the legal interests realized by deleting are clearly
superior to the legal interests of providing the search results, and the social importance of the search engine in the internet era should also be considered when
comparing the legal interests.
7
3.1.4 Protection of Employees’ Personal Data Processed by Electronic
Means
There is no statute or other law stipulating special regulations concerning the
personal information of employees. There are two cases where the Tokyo District
Court held that monitoring employees’ e-mails is inevitable for companies, to a
certain extent, in particular situations.
8
Regarding the monitoring of employees to supervise workers and regarding
trustees who handle personal data as part of other security control measures, the
guidelines of the Ministry of Health, Labour, and Welfare (MHLW) and the Ministry
of Economy, Trade, and Industry (MITI) require strict compliance with the specification of the purpose of monitoring, expressly informing workers of it, stipulating
the purpose in the in-house regulations in advance, etc.
9
There are no statutes or court decisions that provide guidelines on the private use
of electronic means by employees. Regarding the private use of social media by state
public officials, the MIC issued focus points on June 28, 2013.
10
7 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).
9 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.
10 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.
260
T. Komukai
Means
There are no statutory laws or guidelines regulating the “right to erasure” or the
“right to be forgotten” in Japan; however, there have been some court cases in which
search engines have sought to eliminate search results related to past information
because of privacy infringement, defamation, etc. In some cases, even facts
published legitimately in the past were considered to infringe on privacy or be
grounds for defamation for specific reasons.
The Supreme Court held that a search service provider is obligated to delete
search results only in the event that the legal interests realized by deleting are clearly
superior to the legal interests of providing the search results, and the social importance of the search engine in the internet era should also be considered when
comparing the legal interests.
7
3.1.4 Protection of Employees’ Personal Data Processed by Electronic
Means
There is no statute or other law stipulating special regulations concerning the
personal information of employees. There are two cases where the Tokyo District
Court held that monitoring employees’ e-mails is inevitable for companies, to a
certain extent, in particular situations.
8
Regarding the monitoring of employees to supervise workers and regarding
trustees who handle personal data as part of other security control measures, the
guidelines of the Ministry of Health, Labour, and Welfare (MHLW) and the Ministry
of Economy, Trade, and Industry (MITI) require strict compliance with the specification of the purpose of monitoring, expressly informing workers of it, stipulating
the purpose in the in-house regulations in advance, etc.
9
There are no statutes or court decisions that provide guidelines on the private use
of electronic means by employees. Regarding the private use of social media by state
public officials, the MIC issued focus points on June 28, 2013.
10
7 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).
9 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.
10 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.
260
T. Komukai