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Japan's Act on Protection of Personal Information

Requirements​

Who is subject to Japan's Act on Protection of Personal Information?​

The Act on the Protection of Personal Information (APPI) in Japan applies to "personal information handling business operators", essentially businesses and organizations, including both domestic and foreign entities, that collect, use, and/or transfer personal information in the course of their business activities in Japan.

It's important to note that the Act isn't limited to businesses physically located within Japan, but can also apply to those that handle the personal data of residents in Japan, even if they are based outside of the country.

As with most data protection legislation, there may be exemptions and specifics that could vary the scope of the Act, depending on the nature of the entity or individual and the specific circumstances. For a full understanding of the applicability of the APPI to a particular entity or scenario, it is advisable to consult with legal professionals or authorities knowledgeable in Japanese data protection law.

Does Japan's Act on Protection of Personal Information have data residency requirements?​

Japan's Act on the Protection of Personal Information (APPI) does not impose specific data residency requirements, meaning that it does not explicitly require that personal data of Japanese citizens or residents be stored within Japan.

However, the APPI does contain certain regulations and restrictions regarding the transfer of personal information out of Japan to other countries. According to these regulations, before a business operator can transfer personal information to a third party in a foreign country, they must obtain the prior consent of the person after notifying them about the foreign third party's intention to handle their personal data.

Moreover, exceptions to this rule exist when the foreign country has been designated by the Personal Information Protection Commission (PPC) of Japan as having an equivalent level of personal information protection as Japan.

What data is covered by Japan's Act on Protection of Personal Information?​

The Act on the Protection of Personal Information (APPI) in Japan covers "Personal Information," which is broadly defined as information about a living individual which can identify the specific individual by name, date of birth, or other description contained in such information.

Personal information includes information that can be readily collated with other information to identify a specific individual, even if the information alone does not allow for direct identification. This can include, but is not limited to, contact details, personal identification numbers, biometric data, online identifiers, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that individual.

There's also a category called "Sensitive Personal Information", which refers to information about an individual's race, creed, social status, medical history, criminal record, and the fact of having suffered damage by a crime, among other things. This sensitive personal information is subject to stricter protection under the law.

What rights does the user (data subject) have under Japan's Act on Protection of Personal Information?​

The Act on the Protection of Personal Information (APPI) in Japan provides several rights to individuals (data subjects) regarding their personal data. Here are the main ones:

  1. Disclosure Right: The data subject has the right to request the disclosure of their personal data. This means they can ask a business operator to confirm whether it holds their personal data and to provide details about such data.

  2. Correction Right: If the personal data held by the business operator is inaccurate, the individual has the right to request corrections, additions, or deletions to that data.

  3. Use Cessation Right: If the business operator has handled the personal data in violation of the APPI, or if the data was collected deceitfully or by other wrongful means, the data subject can demand the cessation of use or the deletion of such data.

  4. Opt-Out Right: The data subject can request that a business operator stop providing their personal data to third parties if it has been done so inappropriately.

  5. Transfer Restriction Right: Data subjects have the right to request the business operator to cease the transfer of their personal data to a third party when the data is transferred based on the data subject's consent or the exceptions to opt-out.

How should data be stored according to Japan's Act on Protection of Personal Information?​

Japan's Act on the Protection of Personal Information (APPI) does not specify the exact methods or standards for how personal data should be stored. However, it does impose general obligations on personal information handling business operators to take necessary and appropriate action for the security control of personal data, including preventing the leakage, loss, or damage of personal data they handle.

While the APPI does not explicitly detail what these necessary and appropriate measures are, it would generally be understood to include things like:

  1. Implementing appropriate technical measures to ensure data security. This could include things like encryption, access controls, firewalls, and other IT security measures.

  2. Implementing appropriate organizational measures. This could include things like training staff on data protection and privacy issues, setting clear rules and policies for data handling within the organization, and ensuring that any third parties or contractors who might handle personal data are also taking appropriate measures to protect that data.

  3. Regularly reviewing and updating security measures to address new threats or vulnerabilities, and ensuring compliance with any updates or amendments to the APPI or relevant data protection guidelines.

How does SlashID help with Japan's Act on Protection of Personal Information?​

SlashID's data residency and encryption posture help companies comply with: