PPC as necessary for continuously taking action as required by the APPI; (2) to a
third party in a foreign country where a personal information protection system is
established and recognized to have equivalent standards to that in Japan in regard to
the protection of an individual’s rights and interests in accordance with the rules of
the PPC; or (3) in cases where it falls under the exception rule of prohibiting the
provision of such information to third parties (Article 23).
As for the relationship with the EU, agreement to recognize each other’s personal
data protection systems as equivalent was made in July of 2018. Completion of the
relevant internal procedures required for this framework for mutual and smooth data
transfers between Japan and the EU is scheduled to become operational by autumn
2018.
18
4.4 Applicable Law for Liability of Damages Caused by
the Unlawful Processing of Personal Data
As for tort liability, the law of the place where the damage occurred is generally
applicable. If damage such as privacy infringement occurs in Japan, the Japanese law
on tort liability will be applied (Article 17 of the General Law on the Application of a
Law
19 ).
5 Conclusion
5.1 Data Protection in Japan
Four points are thought of as important in the data protection system in Japan.
First, although the right to privacy is recognized as a fundamental right derived
from the Constitution’s general rule in Japan, whether data protection is required as a
constitutional right is controversial, and it does not explicitly appear in the purpose
stated in the APPI.
Second, the structure of the data protection system is rather complex with several
pieces of legislation such as the APPI, acts for the public sector, and many ordinances.
18 Joint Statement by Haruhi Kumazawa, Commissioner of the Personal Information Protection
Commission of Japan and Věra Jourová, Commissioner for Justice, Consumers and Gender
Equality of the European Commission, Tokyo, 17 July 2018, https://www.ppc.go.jp/files/pdf/
300717_pressstatement2.pdf. Accessed 6 Nov 2018.
19 Article 17 states: “The formation and effect of a claim arising from a tort shall be governed by the
law of the place where the result of the wrongful act occurred; provided, however, that if the
occurrence of the result at said place was ordinarily unforeseeable, the law of the place where the
wrongful act was committed shall govern.” Source: The Ministry of Justice, Japanese Law
Translation Database System, http://www.japaneselawtranslation.go.jp. Accessed 6 Nov 2018.
Data Protection in the Internet: Japanese National Report
267
third party in a foreign country where a personal information protection system is
established and recognized to have equivalent standards to that in Japan in regard to
the protection of an individual’s rights and interests in accordance with the rules of
the PPC; or (3) in cases where it falls under the exception rule of prohibiting the
provision of such information to third parties (Article 23).
As for the relationship with the EU, agreement to recognize each other’s personal
data protection systems as equivalent was made in July of 2018. Completion of the
relevant internal procedures required for this framework for mutual and smooth data
transfers between Japan and the EU is scheduled to become operational by autumn
2018.
18
4.4 Applicable Law for Liability of Damages Caused by
the Unlawful Processing of Personal Data
As for tort liability, the law of the place where the damage occurred is generally
applicable. If damage such as privacy infringement occurs in Japan, the Japanese law
on tort liability will be applied (Article 17 of the General Law on the Application of a
Law
19 ).
5 Conclusion
5.1 Data Protection in Japan
Four points are thought of as important in the data protection system in Japan.
First, although the right to privacy is recognized as a fundamental right derived
from the Constitution’s general rule in Japan, whether data protection is required as a
constitutional right is controversial, and it does not explicitly appear in the purpose
stated in the APPI.
Second, the structure of the data protection system is rather complex with several
pieces of legislation such as the APPI, acts for the public sector, and many ordinances.
18 Joint Statement by Haruhi Kumazawa, Commissioner of the Personal Information Protection
Commission of Japan and Věra Jourová, Commissioner for Justice, Consumers and Gender
Equality of the European Commission, Tokyo, 17 July 2018, https://www.ppc.go.jp/files/pdf/
300717_pressstatement2.pdf. Accessed 6 Nov 2018.
19 Article 17 states: “The formation and effect of a claim arising from a tort shall be governed by the
law of the place where the result of the wrongful act occurred; provided, however, that if the
occurrence of the result at said place was ordinarily unforeseeable, the law of the place where the
wrongful act was committed shall govern.” Source: The Ministry of Justice, Japanese Law
Translation Database System, http://www.japaneselawtranslation.go.jp. Accessed 6 Nov 2018.
Data Protection in the Internet: Japanese National Report
267