Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.(Act No. 59 of 2003)
Last Version: Act No. 89 of 2016
TOC
History

  • October 23, 2019
    • Last Version: Act No. 89 of 2016
    • Translated Date: March 20, 2019
    • Dictionary Version: 13.0

Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.
Act No. 59 of May 30, 2003
Table of Contents
Chapter I General Provisions(Articles 1 and 2)
Chapter II Handling of Personal Information by Incorporated Administrative Agencies(Articles 3 through 10)
Chapter III Personal Information Files(Article 11)
Chapter IV Disclosure, Correction and Suspension of Use
Section 1 Disclosure(Articles 12 through 26)
Section 2 Correction(Articles 27 through 35)
Section 3 Suspension of Use(Articles 36 through 41)
Section 4 Appeals for Review(Articles 42 through 44)
Chapter IV-2 Provision of Anonymized Personal Information Held by Incorporated Administrative Agencies(Articles 44-2 through 44-16)
Chapter V Miscellaneous Provisions(Articles 45 through 49)
Chapter VI Penal Provisions(Articles 50 through 54)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to, in view of a remarkable increase in the use of personal information by incorporated administrative agencies, etc., protect the rights and interests of individuals while ensuring proper and smooth management of the processes and business, as well as understanding the benefits of the proper and effective use of personal information in the creation of new industries and the realization of a vibrant economic society and an enriched quality of life for the Japanese public, along with other values of utilizing personal information, by providing basic standards concerning the handling of personal information, and providing anonymized personal information held by incorporated administrative agencies, etc. (limited to personal information in anonymized personal information files handled by incorporated administrative agencies, etc.).
(Definitions)
Article 2(1)The term "incorporated administrative agency, etc." as used in this Act means the incorporated administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999) and the corporation listed in the appended table.
(2)The term "personal information" as used in this Act means information about a living individual that is classified as any of the following:
(i)information by which a specific individual can be identified based on details contained in that information, such as the name, date of birth, and other descriptive details of the individual (meaning any details, excluding individual identification codes, stated, recorded, or otherwise expressed using sound, motion, or other means in a document, drawing, or electronic or magnetic record (meaning a record kept in electronic or magnetic form (an electronic, magnetic, or any other form that cannot be perceived through the human senses alone; the same applies in the succeeding paragraph, item (ii)); the same applies hereinafter), including information that can identify an individual by comparing that information with other information);
(ii)information containing an individual identification code.
(3)An "individual identification code" as used in this Act means a set of characters, letters, numbers, symbols, or other codes, as prescribed by Cabinet Order, that fall under either of the following items:
(i)a set of characters, letters, numbers, symbols or other codes indicating a description of the physical characteristics of an individual, converted into codes in order to be processed by a computer and by which a specific individual can be identified;
(ii)a set of characters, letters, numbers, symbols or other codes assigned in relation to the use of services or the purchase of goods by an individual, or recorded electronically or magnetically recorded on a card or document issued to an individual, each of which is uniquely assigned to each individual to enable identification of that specific user or purchaser, or of a specific recipient of the issued card or document.
(4)The term "special care-required personal information" as used in this Act means personal information containing statements and other particulars describing the race, creed, social status, medical history, or criminal history of an individual, or the fact that the individual is a victim of a crime, or any other statement designated by Cabinet Order as requiring special care in order to avoid exposing the individual to unfair discrimination, prejudice, or other disadvantages.
(5)The term "retained personal information" as used in this Act means personal information prepared or obtained by an officer or employee of an incorporated administrative agency, etc. in the course of their duties and held by that incorporated administrative agency, etc. for organizational use by its officers and employees;however, this is limited to personal information recorded in corporate documents prescribed in Article 2, paragraph (2) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001; hereinafter referred to as "Incorporated Administrative Agencies Information Disclosure Act") (including those listed in item (iv) of the same paragraph; hereinafter referred to simply as "corporate document").
(6)The term "personal information file" as used in this Act means a collection of information including retained personal information, as set forth below:
(i)a collection of information systematically arranged in such a way that specific retained personal information can be retrieved by a computer for achieving the purpose of certain processes;
(ii)beyond what is listed in the preceding item, a collection of information systematically arranged in such a way that specific retained personal information can be easily retrieved by using a name, date of birth or other description for achieving the purpose of certain processes.
(7)The term "relevant individual" with regard to personal information as used in this Act means a specific individual who is identified by personal information.
(8)The term "anonymized personal information" as used in this Act means personal information (excluding information that can be compared with other information and thereby can identify an individual (excluding information that can be easily compared with other information and thereby a specific individual is identifiable), the same applies hereinafter in this paragraph) that has been processed by a measure as specified below in accordance with its classification, so that an individual cannot be identified by that processed information (meaning that no individual can be identified by any descriptions or other elements in the information on that specific individual, or in a case where the information on an individual can be compared with other information, by comparing that information to other information; provided that the other information is not personal information containing all or a part of the information related that individual, or other information prescribed in the Rules of the Personal Information Protection Committee; the same applies to Article 44, paragraph (1)) and the processed information cannot be restored to the state of the original personal information.
(i)personal information as defined in paragraph (2), item (i):Deleting a part of the descriptions or other details contained in the personal information (including replacing descriptions or other details by a means with no regularity that allows restoration of the descriptions or details to their original state);
(ii)personal information as defined in paragraph (2), item (2):Deleting the whole individual identification code contained in the personal information, or replacing the individual identification code with other descriptions or details (including replacing descriptions or other details by a means with no regularity that allows restoration of individual identification codes to their original state).
(9)The term "anonymized personal information held by an incorporated administrative agency, etc." as used in this Act means any anonymized personal information that is generated by processing all or part of retained personal information (excluding information that it is possible to compare with other information and thereby a specific individual is identifiable (this excludes information that can be easily compared with other information and thereby a specific individual is identifiable), the same applies hereinafter in this paragraph) constituting a personal information file, that meets all conditions specified in the following items (if a part of retained personal information contains non-disclosure information prescribed in Article 5 of the Incorporated Administrative Agencies Information Disclosure Act (excluding the information listed in item (i) of the same Article; the same applies hereinafter in this paragraph), the part containing the non-disclosure information is excluded):
(i)the information does not fall under any of items in Article 11, paragraph (2) of this Act or information that is not designated under paragraph (3) of the same Article as an exception to registration in the personal information file register as prescribed in paragraph (1) of the same Article;
(ii)information for which the incorporated administrative agency, etc. as prescribed in Article 2, paragraph (1) of the Incorporated Administrative Agencies Information Disclosure Act is required by Article 3 of the Incorporated Administrative Agencies Information Disclosure Act to take either of the following actions, if the incorporated administrative agency, etc. receives a request to disclose any corporate document in which retained personal information constituting a personal information file is recorded:
(a)Make a decision to disclose all or part of the retained personal information recorded in that corporate document
(b)Provide an opportunity to submit an opinion under Article 14, paragraph (1) or (2) of the Incorporated Administrative Agencies Information Disclosure Act
(iii)the information is retained personal information that constitutes a personal information file and can be processed into anonymized personal information by following the criteria set forth in Article 44-10, paragraph (1) to an extent that it does not prevent proper and smooth management of the processes or business of the incorporated administrative agency, etc.
(10)The term "anonymized personal information file held by an incorporated administrative agency, etc." as used in this Act means a collection of information containing anonymized personal information held by an incorporated administrative agency, etc. as set forth below:
(i)a collection of information systematically arranged in such a way that specific anonymized personal information held by an incorporated administrative agency, etc. can be retrieved by a computer;
(ii)beyond what is listed in the preceding item, a collection of information that Cabinet Order designates as being systematically arranged in such a way that specific anonymized personal information held by an incorporated administrative agency, etc. can be easily retrieved.
(11)The term "business which handles anonymized personal information held by an incorporated administrative agency, etc." as used in this Act means a person that uses an anonymized personal information file held by an incorporated administrative agency, etc. in the course of business, excluding the following persons:
(i)state organs;
(ii)incorporated administrative agencies, etc.
(iii)local public entities;
(iv)local incorporated administrative agencies (which mean local incorporated administrative agencies prescribed in Article 2, paragraph (1) of the Local Incorporated Administrative Agencies Act (Act No. 118 of 2003); the same applies hereinafter).
Chapter II Handling of Personal Information by Incorporated Administrative Agencies
(Restriction on the Retention of Personal Information)
Article 3(1)An incorporated administrative agency, etc. may retain personal information only when retaining the information is necessary for conducting the business provided by laws and regulations, and must specify the purpose of use of personal information as much as possible when retaining this information.
(2)An incorporated administrative agency, etc. must not retain personal information beyond the extent necessary for the purpose of use specified pursuant to the preceding paragraph (hereinafter referred to as the "purpose of use").
(3)An incorporated administrative agency, etc. must not change the purpose of use beyond a reasonable extent from that of the original purpose of use.
(Clear Indication of the Purpose of Use)
Article 4If an incorporated administrative agency, etc. directly acquires personal information on a relevant individual that is recorded in a document (including an electronic or magnetic record) from that relevant individual, the incorporated administrative agency, etc. must clearly indicate the purpose of use to the relevant individual in advance, except in the following cases:
(i)if the acquisition of personal information is urgently required for the protection of the life, body, or property of an individual;
(ii)if clear indication of the purpose of use to the relevant individual is likely to cause harm to the life, body, property, or other rights or interests of the relevant individual or a third party;
(iii)if clear indication of the purpose of use to the relevant individual is likely to impede the proper execution of the process or business of state organs, incorporated administrative agencies, etc., local public entities, or local incorporated administrative agencies;
(iv)if the purpose of use is found to be clear in light of the circumstances of the acquisition.
(Proper Acquisition)
Article 5An incorporated administrative agency, etc. must not acquire personal information by fraudulent means or other unfair means.
(Maintaining Accuracy)
Article 6The incorporated administrative agency, etc. must endeavor to maintain retained personal information (excluding anonymized personal information held by an incorporated administrative agency, etc. (limited to information constituting a file of anonymized personal information held by an incorporated administrative agency, etc.; the same applies in paragraph (2) of the following Article) and deleted information (as specified in Article 44-2, paragraph (3); the same applies in paragraph (2) of the following Article and Article 11, paragraph (2), item (iii)-3), the same applies in paragraph (1) of the following Article, Article 9, and Article 12, paragraph (1)) consistent with the past or the present facts within the scope necessary for fulfilling the purpose of use.
(Security Measures)
Article 7(1)The incorporated administrative agency, etc. must take necessary measures for the prevention of the leaking, loss or damage and for the proper management of retained personal information.
(2)The provisions of the preceding paragraph apply mutatis mutandis to cases where an individual or a business operator entrusted by an incorporated administrative agency, etc. with the handling of personal information (excluding information constituting anonymized personal information held by an incorporated administrative agency, etc. or deleted information; the same applies in the following Article and Articles 38 and 47) performs the entrusted duties.
(Employee Obligations)
Article 8The following persons must not disclose personal information acquired in the course of that person's work to another person without justifiable grounds, or use this information for an unjust purpose.
(i)an officer or employee or a former officer or employee of an incorporated administrative agency, etc. that handles personal information.
(ii)any person engaged in or formerly engaged in the entrusted duties set forth under paragraph (2) of the preceding Article
(Restrictions on the Use and Provision of Personal Information)
Article 9(1)The incorporated administrative agency, etc. must not, except as otherwise provided by laws and regulations, personally use or provide another person with retained personal information for purposes other than the purpose of use.
(2)Notwithstanding the provisions of the preceding paragraph, the incorporated administrative agency, etc. may, when finding the case to fall under circumstances specified by any of the following items, personally use or provide another person with retained personal information for purposes other than the purpose of use; provided, however, that this does not apply if it is found that the personal use or provision to another person of the retained personal information for purposes other than the purpose of use is likely to cause unjust harm to the rights or interests of the relevant individual or a third party:
(i)if the retained personal information is used or provided with the consent of the relevant individual, or if it is provided to the relevant individual;
(ii)if an incorporated administrative agency, etc. uses retained personal information within the agency only to the extent necessary for executing the business provided by laws and regulations, and there are reasonable grounds for the use of that retained personal information;
(iii)if the retained personal information is provided to the administrative organ, (meaning the administrative organ provided for in Article 2, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003; hereinafter referred to as "Administrative Organ Personal Information Protection Act")), another incorporated administrative agency, etc., local public entity or local incorporated administrative agency in which the person who receives the information uses it only to the extent necessary for executing the processes or business under its jurisdiction provided by laws and regulations, and there are reasonable grounds for the use of that retained personal information;
(iv)beyond the cases listed in the preceding three items, if the retained personal information is provided exclusively for statistical purposes or academic research purposes, provision of the information to other persons is obviously beneficial to the relevant individual, or there are other special grounds for providing the retained personal information.
(3)The provisions of the preceding paragraph do not preclude application of the provisions of other laws and regulations restricting the use or provision of retained personal information.
(4)The incorporated administrative agency, etc. is to, if finding it particularly necessary for protecting the rights and interests of individuals, allow only particular officers or employees within the incorporated administrative agency, etc. to use retained personal information for purposes other than the purpose of use.
(Making Requests of Persons who Receive Retained Personal Information)
Article 10The incorporated administrative agency, etc. is to, if finding it necessary when providing retained personal information pursuant to the provisions of paragraph (2), item (iii) or (iv) of the preceding Article, impose restrictions on the purpose or method of use or any other restrictions considered necessary on a person who receives retained personal information with regard to provided personal information, or request the person take necessary measures to prevent the leaking of and for the proper management of the information.
Chapter III Personal Information Files
(Preparation and Publication of Personal Information File Registers)
Article 11(1)The incorporated administrative agency, etc. must prepare and publish a register (hereinafter referred to as "personal information file register") describing the particulars given below as designated by Cabinet Order with regard to the respective personal information files held by the incorporated administrative agency, etc.
(i)name of the personal information file;
(ii)name of the incorporated administrative agency, etc. and the name of the organizational section in charge of the processes for which the personal information file will be used;
(iii)purpose of use of the personal information file;
(iv)particulars recorded in the personal information file (hereinafter referred to as the "recorded particulars" in this Article) and the scope of individuals that are recorded in the personal information file as relevant individuals (limited to those who can be identified through a search without other description about the individual including the name and date of birth; the same applies in item (vii) of the following paragraph) (this scope is hereinafter referred to as the "scope of record" in this Article);
(v)the means of collecting the personal information recorded in the personal information file (hereinafter referred to as the "recorded information" in this Article);
(v)-2if the recorded information contains special care-required personal information, an indication to that effect;
(vi)if the recorded information will be routinely provided to a party outside the incorporated administrative agency, etc., the name of that party;
(vii)the name and address of the organizational section that accepts the request prescribed in paragraph (1) of the following Article, Article 27, paragraph (1), or Article 36, paragraph (1);
(viii)where the proviso of Article 27, paragraph (1) or the proviso of Article 36, paragraph (1) applies, an indication to that effect;
(ix)other particulars designated by Cabinet Order.
(2)The provisions of the preceding paragraph do not apply to the personal information files listed in the following items:
(i)a personal information file for officers or employees, or former officers or employees of an incorporated administrative agency, etc., which exclusively contains information concerning their personnel, wages or welfare benefits or any equivalent particulars (including a personal information file concerning an employee recruitment examination conducted by the incorporated administrative agency, etc.);
(ii)a personal information file exclusively used for the purpose of experimental electronic data processing;
(iii)a personal information file, which contains all or part of the recorded information contained in the personal information file with respect to the publication prescribed in the preceding paragraph, where the purpose of use, the recorded particulars and the scope of record are within the scope of those with respect to that publication;
(iii)-2a personal information file constituting anonymized personal information held by an incorporated administrative agency, etc.;
(iii)-3a personal information file that contains deleted information in its recorded information;
(iv)a personal information file that contains only recorded information that will be deleted within one year;
(v)a personal information file containing recorded information to be used for sending materials or any goods or money or for making necessary business contacts, which only contain the names, addresses and other necessary details concerning the recipients;
(vi)a personal information file prepared or obtained by an officer or employee based on that person's idea for academic research purposes, where the recorded information is used solely for those academic research purposes;
(vii)a personal information file for which the number of relevant individuals is less than the number designated by Cabinet Order;
(viii)a personal information file designated by Cabinet Order as being equivalent to any of the personal information files listed in the preceding items.
(3)Notwithstanding the provisions of paragraph (1), if the incorporated administrative agency, etc. finds that description of a part of the recorded particulars or the particulars listed in item (v) or (vi) of the same paragraph in the personal information file register or publication of a personal information file in the personal information file register is likely to cause considerable impediment to the proper execution of processes or business in relation to the purpose of use due to the nature of those processes or business, that person may refrain from describing that part of the recorded particulars or the particulars in the personal information register, or refrain from publishing a personal information file in the personal information file register.
Chapter IV Disclosure, Correction and Suspension of Use
Section 1 Disclosure
(Right to Request for Disclosure)
Article 12(1)Any person may, pursuant to the provisions of this Act, request an incorporated administrative agency, etc. disclose retained personal information which the incorporated administrative agency, etc. holds on that person.
(2)A statutory representative of a minor or an adult ward may make a request for disclosure (hereinafter referred to as a "request for disclosure") provided in the preceding paragraph on behalf of the relevant individual.
(Procedures for Requests for Disclosure)
Article 13(1)Requests for disclosure must be made by submitting a document describing the particulars listed in the following items (hereinafter referred to as "written request for disclosure") to the Incorporated Administrative Agency, etc.:
(i)name and domicile or residence of the person making the request for disclosure;
(ii)name of the corporate document containing the retained personal information relating to the request for disclosure or other particulars sufficient for specifying the retained personal information relating to the request for disclosure.
(2)In the case prescribed in the preceding paragraph, the person making the request for disclosure must, pursuant to Cabinet Order provisions, present or submit a document to indicate that person is the relevant individual (in the case of a request for disclosure made under the provisions of paragraph (2) of the preceding Article, the statutory representative of the relevant individual) with regard to retained personal information relating to the request for disclosure.
(3)When the incorporated administrative agency, etc. finds a technical error in a written request for disclosure, it may, by setting a reasonable period of time, ask the person who made the request for disclosure (hereinafter referred to as the "requester for disclosure") to amend the request. In this case, the incorporated administrative agency, etc. must endeavor to provide the requester for disclosure with information that will be helpful in the amendment.
(Obligation to Disclose Retained Personal Information)
Article 14When a request for disclosure is filed, unless any of the information listed in each of the following items (hereinafter referred to as "non-disclosure information") is recorded in the retained personal information relating to the request for disclosure, the incorporated administrative agency, etc. must disclose that retained personal information to the requester for disclosure:
(i)information that is likely to cause harm to the life, health, livelihood or property of the requester for disclosure (if a statutory representative of a minor or an adult ward makes a request for disclosure on behalf of the relevant individual pursuant to Article 12, paragraph (2), that relevant individual; the same applies in the following item and item (iii), paragraph (2) of the following Article, and Article 23, paragraph (1));
(ii)information concerning an individual other than the requester for disclosure (excluding information concerning the business of an individual who operates that business) by which a specific individual other than the requester for disclosure is identifiable from a name, date of birth or other description contained in that information (including cases where it is possible to identify a specific individual other than the requester for disclosure through comparing that information with other information) or which contains an individual identification code of an individual other than the requester for disclosure, or where it is not possible to identify a specific individual other than the requester for disclosure, but disclosure of the information is likely to cause harm to the rights and interests of an individual other than the requester for disclosure; provided, however, that the following information is excluded:
(a)information that can be made available to or is scheduled to be made available to the requester for disclosure pursuant to the provisions of laws and regulations or by established practice
(b)information which is found necessary to be disclosed in order to protect a person's life, health, livelihood or property
(c)In the cases where an individual is a public officer, etc. (national public officers prescribed in Article 2, paragraph (1) of the National Public Officer Act (Act No. 120 of 1947) (excluding officers and employees of agencies engaged in administrative execution prescribed in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agency), officers and employees of incorporated administrative agencies, etc., local public officers prescribed in Article 2 of the Local Public Officer Act (Act No. 261 of 1950), and officers and employees of local incorporated administrative agencies) and when that information relates to the performance of duties, the portion of that information relating to the job of the public officer, etc. and the substance of the performance of duties;
(iii)information concerning corporations or other entities (excluding State, incorporated administrative agencies, etc., local public entities and local incorporated administrative agencies; hereinafter referred to as "corporations, etc." in this item) or information concerning the business of an individual other than the requester for disclosure who operates that business, which corresponds to the following; provided, however, that information which is found necessary to be disclosed in order to protect a person's life, health, livelihood, or property is excluded:
(a)information which when disclosed is likely to cause harm to the rights, competitive position, or other legitimate interests of the corporation, etc. or that individual
(b)information customarily not disclosed by the corporation, etc. or the individual, which has been voluntarily provided in response to a request by an incorporated administrative agency, etc., on the condition of non-disclosure, or information for which it is found reasonable to set that condition in light of the nature of the information or the circumstances at the time
(iv)information concerning deliberations, examinations or consultations internally conducted by or mutually conducted between state organs, incorporated administrative agencies, etc., local public entities and local incorporated administrative agencies, where disclosure is likely to cause unjust harm to the open exchange of opinions or the neutrality of decision making, unreasonably cause confusion among citizens, or unfairly bring advantage or disadvantages to specific individuals;
(v)information concerning the processes or business conducted by a state organ, an incorporated administrative agency, etc., a local public entity or a local incorporated administrative agency, where disclosure is likely to have the following risks or is likely to hinder the proper execution of the processes or business due to their nature:
(a)risk of causing harm to national security, causing damage to the relationship of mutual trust with another country or an international organization, or of causing a disadvantage in negotiations with another country or an international organization
(b)risk of impeding prevention, suppression or the investigation of crimes, and other particulars concerning upholding public safety and public order
(c)risk of making it difficult to accurately understand facts concerning processes relating to audits, inspections, supervision, examinations, or the imposition or collection of taxes, or facilitating illegal or wrongful acts regarding those processes, or making it difficult to detect those acts;
(d)risk of causing unjust damage to the property benefit, or the position as an interested party, of the State, an incorporated administrative agency, etc., a local public entity or a local incorporated administrative agency concerning processes relating to contracts, negotiations or administrative appeals and litigation
(e)risk of causing unjust hindrance to the fair and efficient execution of processes relating to research and study
(f)risk of causing hindrance to maintaining impartial and smooth personnel practices in processes relating to personnel management
(g)risk of causing damage to the legitimate interests arising from corporate management with regard to the business of an incorporated administrative agency, etc., an enterprise managed by a local public entity, or a local incorporated administrative agency
(Partial Disclosure)
Article 15(1)In cases where non-disclosure information is included in retained personal information related to a request for disclosure, when it is possible to easily divide and exclude the portion that corresponds to non-disclosure information, the incorporated administrative agency, etc. must disclose to the requester for disclosure the portion not related to exclusion.
(2)In cases where the information set forth in item (ii) of the preceding Article (limited to information that can identify a specific individual other than the requester for disclosure) is included in retained personal information related to a request for disclosure, and if by excluding the portion of the description, etc. that can identify the specific individual other than the requester for disclosure, such as the name, date of birth, or individual identification code from that information, it is found that disclosure of the information is not likely to cause damage to the rights and interests of an individual other than the requester for disclosure, the preceding paragraph is applied by deeming the portion other than the excluded portion as not being included in the information prescribed in the same item.
(Discretionary Disclosure)
Article 16Even in cases where non-disclosure information is included in retained personal information related to a request for disclosure, if the incorporated administrative agency, etc. finds it particularly necessary for protecting the rights and interests of individuals, it may disclose the retained personal information to the requester for disclosure.
(Information on the Existence of Retained Personal Information)
Article 17When non-disclosure information will be disclosed by merely answering whether or not the retained personal information related to a request for disclosure exists, the incorporated administrative agency, etc., without making the existence or non-existence of the retained personal information clear, may refuse the request for disclosure.
(Measures on Requests for Disclosure)
Article 18(1)When disclosing all or a part of retained personal information related to a request for disclosure, the incorporated administrative agency, etc. must make a decision to that effect, and notify the requester for disclosure of that decision, the purpose of use of the retained personal information to be disclosed, and particulars designated by Cabinet Order relating to the implementation of disclosure in writing; provided, however, that this does not apply to the purpose of use in cases that fall under Article 4, item (ii) or (iii).
(2)If the incorporated administrative agency, etc. decides not to disclose any retained personal information upon a request for disclosure (including refusing a request for disclosure pursuant to the provisions of the preceding Article and when the retained personal information related to a request for disclosure is not held by the incorporated administrative agency, etc.), the incorporated administrative agency, etc. must notify the requester for disclosure to that effect in writing.
(Due Date of A Decision to Disclose)
Article 19(1)The decisions set forth in the respective items of the preceding Article (hereinafter referred to as "a decision to disclose") must be made within thirty days from the date of a request for disclosure; provided, however, that if an amendment is requested pursuant to the provisions of Article 13, paragraph (3), the number of days required for the amendment is not included within that period of time.
(2)Notwithstanding the provisions of the preceding paragraph, when there are justifiable grounds such as difficulties arising from conducting processes, the incorporated administrative agency, etc. may extend the period of time prescribed in the same paragraph for up to thirty days.In this case, the incorporated administrative agency, etc. must notify the requester for disclosure in writing of the extended period and the grounds for the extension without delay.
(Exception to the Due Date for A Decision to Disclose)
Article 20If there is a considerably large amount of retained personal information relating to a request for disclosure, and there is a risk that the performance of duties may be considerably hindered by making a decision to disclose on all of those requests within sixty days from the date of a request for disclosure, notwithstanding the provisions of the preceding Article, it would be sufficient for the incorporated administrative agency, etc. to make a decision to disclose for a reasonable portion of the retained personal information for which disclosure has been requested within the relevant period of time, and to make a decision to disclose for the remaining retained personal information within a reasonable period of time.In this case, the incorporated administrative agency, etc. must notify the requester for disclosure of the following particulars in writing within the period of time prescribed in paragraph (1) of the same Article:
(i)the application of this Article and the grounds for its application;
(ii)due date for making a decision to disclose for the remaining retained personal information.
(Transfer of Cases)
Article 21(1)The incorporated administrative agency, etc. may, when there are justifiable grounds for another incorporated administrative agency, etc. to make a decision to disclose such as when the retained personal information relating to a request for disclosure was provided by that incorporated administrative agency, etc., upon consulting with that incorporated administrative agency, etc., transfer the case to that incorporated administrative agency, etc.In this case, the incorporated administrative agency, etc. which has transferred the case must notify the requester for disclosure in writing to the effect that the case was transferred.
(2)When a case has been transferred pursuant to the provisions of the preceding paragraph, the incorporated administrative agency, etc. which has received the transfer is to make a decision to disclose for that request for disclosure.In this case, acts prior to transfer by the incorporated administrative agency, etc. which has transferred the case are deemed to be those of the incorporated administrative agency, etc. which has received the transfer.
(3)In the case referred to in the preceding paragraph, when the incorporated administrative agency, etc. which has received the transfer makes a decision set forth in Article 18, paragraph (1) (hereinafter referred to as a "decision to disclose"), that incorporated administrative agency, etc. must implement disclosure. In this case, the incorporated administrative agency, etc. which has transferred the case must cooperate as necessary in the implementation of that disclosure.
(Transfer of Cases to the Head of an Administrative Organ)
Article 22(1)The Incorporated Administrative Agency, etc. may, in the following cases, transfer a case to the head of an administrative organ upon consulting with that head of the administrative organ (meaning the head of the administrative organ prescribed in Article 5 of the Act on the Protection of Personal Information Held by Administrative Organs; the same applies hereinafter in this Article and Article 34).In this case, the incorporated administrative agency, etc. which has transferred the case must notify the requester for disclosure in writing to the effect that the case was transferred.
(i)it finds that there is the risk of causing harm to national security, causing damage to the relationship of mutual trust with another country or an international organization, or of causing a disadvantage in negotiations with another country or international organization through disclosing the retained personal information pertaining to the request for disclosure;
(ii)it finds that there is the risk of impeding prevention, suppression or the investigation of a crime, or the upholding of public safety and public order through disclosing the retained personal information pertaining to the request for disclosure;
(iii)when the retained personal information pertaining to the request for disclosure is provided by an administrative organ;
(iv)when there are other justifiable grounds for the head of an administrative organ to make the decision to disclose prescribed in Article 19, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs.
(2)When a case has been transferred pursuant to the provisions of the preceding paragraph, the provisions of the Act on the Protection of Personal Information Held by Administrative Organs are applied to the transferred case by deeming the retained personal information to be the retained personal information prescribed in Article 2, paragraph (5) of the Act on the Protection of Personal Information Held by Administrative Organs, held by the administrative organ which received the transfer of the case, and deeming the request for disclosure to be the request for disclosure prescribed in Article 12, paragraph (2) of the Act on the Protection of Personal Information Held by Administrative Organs, submitted to the head of the administrative organ who received the transfer of the case.In this case, the term "Article 13, paragraph (3)" in Article 19, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs is deemed to be replaced with "Article 13, paragraph (3) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc."
(3)When a case has been transferred pursuant to the provisions of paragraph (1) and the head of the administrative organ who has received the transfer implements disclosure, the incorporated administrative agency, etc. which has transferred the case must cooperate as necessary in the implementation of disclosure.
(Granting a Third Party an Opportunity to Submit a Written Opinion)
Article 23(1)When information concerning a person other than the State, an incorporated administrative agency, etc., a local public entity, a Local incorporated administrative agency and a requester for disclosure (hereinafter referred to as a "third party" in this Article, Article 43, paragraph (2) and Article 44) is included in the retained personal information relating to a request for disclosure, the incorporated administrative agency, etc., when making a decision to disclose, may, pursuant to Cabinet Order provisions, notify the third party of the content of the information concerning that third party, and other particulars designated by Cabinet Order, and may grant an opportunity to submit a written opinion.
(2)In the cases that fall under any of the following items, before making a decision to disclose, the incorporated administrative agency, etc. must, pursuant to Cabinet Order provisions, notify the third party in writing of the content of the information concerning the third party relating to a request for disclosure and other particulars designated by Cabinet Order, and must grant that third party an opportunity to submit a written opinion; provided, however, that this does not apply to cases where the third party's location is unknown:
(i)when retained personal information containing information concerning a third party is to be disclosed, and when it is found that the information concerning the third party falls under the information prescribed in Article 14, item (ii), (b) or in the proviso of item (iii) of the same Article;
(ii)when the retained personal information containing information concerning a third party is to be disclosed pursuant to the provisions of Article 16.
(3)In cases where the third party who was granted an opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs submits a written opinion manifesting the intention to oppose disclosure of the information concerning the third party, the incorporated administrative agency, etc., when making a decision to disclose, must place at least two weeks between the day of the decision to disclose and the day that disclosure will be implemented.In this case, upon making the decision to disclose, the incorporated administrative agency, etc. must immediately notify the third party who submitted that written opinion (referred to as a "written opposition opinion" in Article 43) in writing to the effect that the decision to disclose was made and the grounds for its decision, and the date of implementation of disclosure.
(Implementing Disclosure)
Article 24(1)The disclosure of retained personal information is implemented through inspection or by the delivery of copies if the retained personal information is contained in the form of documents or drawings, and if it is contained in the form of electronic or magnetic records, by means designated by the relevant incorporated administrative agency, etc., which take into consideration factors such as the type of the record and the state of technology utilized; provided, however, that when disclosure of retained personal information is to be implemented through inspection, if the incorporated administrative agency, etc. finds that inspection of the original material is likely to hinder the preservation of the documents or pictures containing the retained personal information, or for other justifiable grounds, a copy of the documents or drawings may be provided for inspection instead.
(2)The incorporated administrative agency, etc. must make its rules on the means of disclosure for electronic or magnetic records based on the preceding paragraph available for public inspection.
(3)A person who obtains retained personal information based upon a decision to disclose, pursuant to Cabinet Order provisions, must indicate the person's desired means of implementation of disclosure and other particulars designated by Cabinet Order to the incorporated administrative agency, etc. which has made the decision to disclose.
(4)The indication provided in provisions of the preceding paragraph must be made within thirty days from the date of the notice prescribed in Article 18, paragraph (1); provided, however, that this does not apply if there are justifiable grounds for being unable to make the indication within that period of time.
(Coordination with Disclosure Implemented by Other Laws and Regulations)
Article 25(1)In cases where, pursuant to the provisions of other laws and regulations, retained personal information related to a request for disclosure is to be disclosed to the requester for disclosure by the same means as those prescribed in the main clause of paragraph (1) of the preceding Article (if the period of time for disclosure is provided for, limited to within that period of time), notwithstanding the main clause of the same paragraph, the incorporated administrative agency, etc. does not disclose the retained personal information by that same means; provided, however, that this does not apply when there are provisions in other laws and regulations to the effect that disclosure is not implemented in certain cases.
(2)When the means of disclosure designated by the provisions of other laws and regulations is public inspection, the preceding paragraph applies by deeming that public inspection to be the same as that set forth in the main clause of paragraph (1) of the preceding Article.
(Fees)
Article 26(1)A person who makes a request for disclosure must pay a fee specified by the incorporated administrative agency, etc.
(2)The incorporated administrative agency, etc. determines the amount of the fee within the actual costs, taking into consideration the amount of the fee set forth in Article 26, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs.
(3)The incorporated administrative agency, etc. must make the rules under the provisions of the preceding two paragraphs available for general inspection.
Section 2 Corrections
(Right to Request Corrections)
Article 27(1)Any person who thinks that the content of retained personal information (limited to those listed in the following items; the same applies in Article 36, paragraph (1)) for which that person is the relevant individual is untrue may, pursuant to the provisions of this Act, make a request for correction (including addition or deletion; the same applies hereinafter) of the retained personal information to the Incorporated Administrative Agency, etc. holding the retained personal information; provided, however, that this does not apply if a special procedure for correction of the retained personal information is prescribed by another law or an order based on another law:
(i)retained personal information disclosed based on a decision to disclose;
(ii)retained personal information that was disclosed based on the decision to disclose prescribed in Article 21, paragraph (3) of the Act on the Protection of Personal Information Held by Administrative Organs in cases where the case had been transferred pursuant to Article 22, paragraph (1);
(iii)retained personal information relating to a decision to disclose, which was disclosed pursuant to the provisions of other laws and regulations under Article 25, paragraph (1).
(2)A statutory representative of a minor or an adult ward may make a request for the correction (hereinafter referred to as a "request for correction") as prescribed in the preceding paragraph on behalf of the relevant individual.
(3)A request for correction must be made within ninety days from the date of disclosure of the retained personal information.
(Procedures for Requests for Correction)
Article 28(1)A request for correction must be made by submitting a document describing the particulars listed in the following items (hereinafter referred to as the "written request for correction") to the incorporated administrative agency, etc.:
(i)name and domicile or residence of the person making the request for correction;
(ii)date of disclosure of the retained personal information relating to the request for correction or other particulars sufficient for specifying the retained personal information;
(iii)an outline of the request for correction and the grounds therefor.
(2)In a case as described in the preceding paragraph, the person making the request for correction must, pursuant to Cabinet Order provisions, present or submit a document to indicate the person is the relevant individual (in the case of a request for correction made under the provisions of paragraph (2) of the preceding Article, the statutory representative of the relevant individual) with regard to the retained personal information relating to the request for correction.
(3)When the incorporated administrative agency, etc. finds that there is a deficiency in the format of the written request for correction, it may, by setting a reasonable period of time, ask the person who made the request for correction (hereinafter referred to as the "requester for correction") to amend the request.
(Obligation to Correct Retained Personal Information)
Article 29If a request for correction is filed and the incorporated administrative agency, etc. finds grounds in relation to the request for correction, it must correct the retained personal information relating to the request for correction within the scope necessary for achieving the purpose of use of the retained personal information.
(Measures Concerning Requests for Corrections)
Article 30(1)When correcting the retained personal information relating to a request for correction, the incorporated administrative agency, etc. must make a decision to that effect, and notify the requester for correction of the decision in writing.
(2)When not correcting the retained personal information relating to a request for correction, the incorporated administrative agency, etc. must make a decision to that effect, and notify the requester for correction of the decision in writing.
(Due Date for Decisions on Corrections)
Article 31(1)The decisions set forth in the respective items of the preceding Article (hereinafter referred to as "decisions on corrections") must be made within thirty days from the date of a request for correction; provided, however, that if an amendment is requested pursuant to the provisions of Article 28, paragraph (3), the number of days required for that amendment is not included within this period of time.
(2)Notwithstanding the provisions of the preceding paragraph, when there are justifiable grounds such as difficulties arising from conducting processes, the incorporated administrative agency, etc. may extend the period of time prescribed in the same paragraph for up to thirty days.In this case, the incorporated administrative agency, etc. must without delay notify the requester for correction in writing of the extended period and the grounds for the extension.
(Exceptions to the Due Date for Decisions on Corrections)
Article 32If the incorporated administrative agency, etc. finds that decisions on corrections would require a particularly long period of time, notwithstanding the provisions of the preceding Article, it is sufficient for it to make decisions on corrections, etc. within a reasonable period of time.In this case, the incorporated administrative agency, etc. must notify the requester for correction in writing of the following particulars within the period of time prescribed in paragraph (1) of the same Article:
(i)the application of this Article and the grounds for its application;
(ii)due date for making decisions on corrections.
(Transfer of Cases)
Article 33(1)The incorporated administrative agency, etc. may, when there are justifiable grounds for another incorporated administrative agency, etc. making decisions on corrections, such as when the retained personal information relating to a request for correction was disclosed pursuant to Article 21, paragraph (3), upon consulting with the other incorporated administrative agency, etc., transfer the case to that incorporated administrative agency, etc.In this case, the incorporated administrative agency, etc. which has transferred the case must give the requester for correction a notification in writing to the effect that the case was transferred.
(2)If a case has been transferred pursuant to the provisions of the preceding paragraph, the incorporated administrative agency, etc. which has received the transfer is to make decisions on corrections through that request for correction.In this case, acts prior to transfer of a case by the incorporated administrative agency, etc. which has transferred the case are deemed to be those of the incorporated administrative agency, etc. which has received the transfer.
(3)In the case referred to in the preceding paragraph, when the incorporated administrative agency, etc., which has received the transfer of a case makes a decision set forth in Article 30, paragraph (1) (hereinafter referred to as a "decision to make a correction"), the incorporated administrative agency, etc., which has transferred the case must implement the correction based on that decision to make a correction.
(Transfer of Cases to the Head of an Administrative Organ)
Article 34(1)When there are justifiable grounds for the head of an administrative organ making decisions on corrections as prescribed in Article 31, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs, such as when the retained personal information relating to a request for correction corresponds to those listed in Article 27, paragraph (1), item (ii), the incorporated administrative agency, etc. may, upon consulting with that head of an administrative organ, transfer the case to that head of an administrative organ.In this case, the incorporated administrative agency, etc. which has transferred the case must give the requester for correction a notification in writing to the effect that the case was transferred.
(2)If a case has been transferred pursuant to the provisions of the preceding paragraph, the provisions of the Act on the Protection of Personal Information Held by Administrative Organs are applied to the transferred case by deeming the retained personal information to be the retained personal information prescribed in Article 2, paragraph (5), of the Act on the Protection of Personal Information Held by Administrative Organs, held by the administrative organ which has received the transfer, and deeming the request for correction to be a request for correction prescribed in Article 27, paragraph (2) of the Act on the Protection of Personal Information Held by Administrative Organs, submitted to the head of the administrative organ who has received the transfer of the case.In this case, the term "Article 28, paragraph (3)" in Article 31, paragraph (1) of the Act on the Protection of Personal Information Held by Administrative Organs is deemed to be replaced with "Article 28, paragraph (3) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc."
(3)When a case has been transferred pursuant to the provisions of paragraph (1) and the head of the administrative organ, who has received the transfer makes the decision to make a correction prescribed in Article 33, paragraph (3) of the Act on the Protection of Personal Information Held by Administrative Organs, the Incorporated Administrative Agency, etc. which has transferred the case must implement the correction based on that decision to make a correction.
(Notices to Any Party to which Retained Personal Information is Provided)
Article 35If the incorporated administrative agency, etc. has implemented a correction of retained personal information based on a decision to make a correction (including the decision to make a correction under paragraph (3) of the preceding Article), if the incorporated administrative agency, etc. finds it necessary, it must give a notification to that effect in writing without delay to any party to which the retained personal information is provided.
Section 3 Suspension of Use
(Right to Request Suspension of Use)
Article 36(1)Any person who thinks that retained personal information for which that person is the relevant individual falls under any of the following items may, pursuant to the provisions of this Act, make a request for the measures specified in the respective items to the incorporated administrative agency, etc. holding the retained personal information; provided, however, that this does not apply where a special procedure for suspension of use, deletion, or suspension of provision (hereinafter referred to as "suspension of use") of the retained personal information is prescribed by another law or an order based on that law:
(i)if the incorporated administrative agency, etc. holding the retained personal information retains the information in violation of Article 3, paragraph (2), has obtained the information unlawfully in violation of Article 5, or uses it in violation of Article 9, paragraph (1) or (2):Suspension of use or deletion of the retained personal information;
(ii)if the retained personal information is provided in violation of Article 9, paragraph (1) or (2):Suspension of provision of the retained personal information.
(2)A statutory representative of a minor or an adult ward may make the request for suspension of use (hereinafter referred to as the "request for the suspension of use") prescribed in the preceding paragraph on behalf of the relevant individual.
(3)A request for suspension of use must be made within ninety days from the date of disclosure of the retained personal information.
(Procedures for Requests for Suspension of Use)
Article 37(1)A request for suspension of use must be made by submitting a document describing the particulars listed in the following items (hereinafter referred to as a "written request for suspension of use") to the incorporated administrative agency, etc.:
(i)name and domicile or residence of the person making the request for suspension of use;
(ii)date of disclosure of the retained personal information relating to the request for suspension of use or other particulars sufficient for specifying that retained personal information;
(iii)an outline of the request for suspension of use and the grounds therefor.
(2)In the case prescribed in the preceding paragraph, the person making the request for suspension of use must, pursuant to Cabinet Order provisions, present or submit a document to indicate that that person is the relevant individual (in the case of a request for suspension of use made under the provisions of paragraph (2) of the preceding Article, the statutory representative of the relevant individual) with regard to the retained personal information relating to the request for suspension of use.
(3)When the incorporated administrative agency, etc. finds that there is a deficiency in the format of the written request for suspension of use, it may, by setting a reasonable period of time, ask the person having made the request for suspension of use (hereinafter referred to as the "requester for suspension of use") to amend that request.
(Obligation for Suspension of Use of Retained Personal Information)
Article 38When a request for suspension of use is filed, if the incorporated administrative agency, etc. finds grounds for the request for suspension of use, it must implement a suspension of use of the retained personal information relating to the request for suspension of use within the scope necessary for ensuring the proper handling of personal information in the incorporated administrative agency, etc.; provided, however, that this does not apply where it is found that the suspension of use of the retained personal information is likely to hinder the proper execution of the processes or business relating to the purpose of use of the retained personal information due to the nature of those processes or business.
(Measures on Requests for Suspension of Use)
Article 39(1)When implementing suspension of use of the retained personal information relating to a request for suspension of use, the incorporated administrative agency, etc. must make a decision to that effect, and give the requester for suspension of use a notification to that effect in writing.
(2)When not implementing suspension of use of the retained personal information relating to a request for suspension of use, the incorporated administrative agency, etc. must make a decision to that effect, and give the requester for suspension of use a notification to that effect in writing.
(Due Date for Decisions on Suspension of Use)
Article 40(1)The decisions set forth in the respective items of the preceding Article (hereinafter referred to as "decision on suspension of use") must be made within thirty days from the date of a request for suspension of use; provided, however, that in cases where an amendment is requested pursuant to the provisions of Article 37, paragraph (3), the number of days required for the amendment is not included within that period of time.
(2)Notwithstanding the provisions of the preceding paragraph, when there are justifiable grounds such as difficulties arising from conducting processes, the incorporated administrative agency, etc. may extend the period of time prescribed in the same paragraph for up to thirty days.In this case, the incorporated administrative agency, etc. must without delay notify the requester for suspension of use in writing of the extended period and the grounds for the extension.
(Exception to the Due Date for Decisions on Suspension of Use)
Article 41If the incorporated administrative agency, etc. finds that a decision on suspension of use would require a particularly long period of time, notwithstanding the provisions of the preceding Article, it is sufficient for it to make a decision on suspension of use within a reasonable period of time.In this case, the incorporated administrative agency, etc. must notify the requester for suspension of use in writing of the following particulars within the period of time prescribed in paragraph (1) of the same Article:
(i)the application of this Article and the grounds for its application;
(ii)due date for making a decision on suspension of use.
Section 4 Appeal for Review
(Appeal for Reviews and Exclusion from Application of Provisions Concerning Review Proceedings by Review Officers)
Article 42(1)A person who is dissatisfied with any inaction related to a decision on disclosure, decision on correction, decision, etc. on suspension of use, or request for disclosure, request for correction, or request for suspension of use, may file an appeal for review against the incorporated administrative agency, etc.
(2)The provisions of the following parts--Articles 9, 17, and 24; Chapter II, Section 3; and Article 50, paragraph (2)-- of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply to an appeal for review of any inaction related to a decision on disclosure, decision on correction, decision on suspension of use, or request for disclosure, request for correction, or request for suspension of use.
(3)When applying the provisions in Chapter II of the Administrative Complaint Review Act to an appeal for review of any inaction related to a decision on disclosure, decision on correction, decision on suspension of use, or request for disclosure, request for correction, or request for suspension of use, the wording in respective parts of the Administrative Complaint Review Act is deemed to be replaced with the following wording: the wording "a person who has been designated pursuant to the provisions of Article 9, paragraph (1) (referred to as a 'review officer')" in Article 11, paragraph (2), is replaced with the wording "an administrative agency to which an appeal for review has been filed pursuant to the provisions in Article 4 (including an administrative agency that takes over the appeal for review pursuant to the provisions in Article 14, hereinafter referred to as a 'reviewing agency'); the term "review officer" in Article 13, paragraphs (1) and (2), is replaced with the term "reviewing agency"; the wording "has been filed or a written opinion to suggest the necessity to order a stay of execution as prescribed in Article 40 has been submitted by a review officer" in Article 25, paragraph (7), is replaced with "has been filed"; the wording "Administrative Complaint Review Board, etc." in Article 44 is replaced with the wording "Information Disclosure and Personal Information Protection Review Board"; in the same Article, the wording "has received a report to its consultation from the Administrative Complaint Review Board, etc. (or when a review officer's written opinion has been submitted in cases where the consultation pursuant to the provisions of paragraph (1) of the preceding Article is not necessary (excluding the cases falling under item (ii) or (iii) of the relevant paragraph), or when deliberations prescribed in item (ii) or (iii) of the relevant paragraph have been held in the cases falling under item (ii) or (iii) of the relevant paragraph)" is replaced with the wording of "has received a report to its consultation from the Administrative Complaint Review Board, etc."; and the wording of "the review officer's written opinion or the written report from the Administrative Complaint Review Board, etc. or the Council, etc." in Article 50, paragraph (1), item (iv), is replaced with the wording "the Information Disclosure and Personal Information Protection Review Board."
(Consultation with the Information Disclosure and Personal Information Protection Review Board)
Article 43(1)When an appeal for review is filed for any inaction related to a decision on disclosure, a decision on correction, a decision on suspension of use, or a request for disclosure, request for correction, or request for suspension of use, the incorporated administrative agency, etc. must, except in the cases that fall under any of the following items, consult the Information Disclosure and Personal Information Protection Review Board :
(i)if the appeal for review is unlawful and is to be dismissed;
(ii)if the whole appeal for review is upheld and it is determined that all of the retained personal information relating to the appeal is to be disclosed, unless a written opposition opinion has been submitted for the disclosure of the retained personal information;
(iii)if it is determined that the whole appeal for review is accepted and corrections to the retained personal information relating to it are to be made;
(iv)if it is determined that the whole appeal for review is accepted and the use of the retained personal information relating to it is to be suspended
(2)The incorporated administrative agency, etc. which has made a consultation pursuant to the provisions of the preceding paragraph must notify the following persons to the effect that the consultation was made:
(i)the appellant, and the intervenor (meaning an intervenor as described in Article 13, paragraph (4), of the Administrative Complaint Review Act; the same applies in this paragraph and the following Article, item (ii));
(ii)the requester for disclosure, requester for correction, or requester for suspension of use (except when that person is the appellant or an intervenor);
(iii)the third party who has submitted a written opposition opinion regarding disclosure of retained personal information relating to the appeal for review (excluding the cases in which the third party is the appellant or an intervenor).
(Procedures In Cases Where an Appeal for Review from a Third Party is Dismissed)
Article 44The provisions of Article 23, paragraph (3) apply mutatis mutandis to the cases in which the determination falls under any of the following items:
(i)a determination to dismiss without prejudice or dismiss with prejudice on the merits an appeal for review from a third party against a decision on disclosure;
(ii)a determination altering a decision on disclosure relating to an appeal for review (excluding a determination to disclose the whole part of the retained personal information relating to a request for disclosure) to the effect of disclosing the retained personal information relating to that appeal for review (limited to the case in which an intervenor who is a third party has manifested an intention to oppose the disclosure of the information concerning the third party).
Chapter IV-2 Provision of Anonymized Personal Information Held by Incorporated Administrative Agencies
(Preparation and Provision of Anonymized Personal Information Held by Incorporated Administrative Agencies etc.)
Article 44-2(1)The incorporated administrative agency, etc. may prepare and provide anonymized personal information held by the incorporated administrative agency, etc. (limited to information constituting anonymized personal information files held by the incorporated administrative agency, etc.; the same applies hereinafter in this Chapter and the following Chapter) pursuant to the provisions of this Chapter.
(2)The incorporated administrative agency, etc. must not, except as otherwise provided by laws and regulations, personally use or provide another person with anonymized personal information held by the incorporated administrative agency, etc. or deleted information (both limited to information constituting retained personal information) for any other purposes than the purpose of use.
(3)"deleted information" in the preceding paragraph means a description or the like or an individual identification code, deleted from retained personal information (excluding information that can be compared with other information thereby making a specific individual is identifiable (excluding information that can be easily compared with other information, thereby making a specific individual identifiable); the same applies hereinafter in this Chapter) used to prepare anonymized personal information held by the incorporated administrative agency, etc.
(Registration of Particulars Relating to the Solicitation of a Proposal in the Personal Information File Register)
Article 44-3If the incorporated administrative agency, etc. finds that a personal information file held by the agency, etc. falls under all of the items in Article 2, paragraph (9), the following particulars regarding that personal information file is registered in the personal information file register. In applying the provisions in Article 11, paragraph (1) to that personal information file in this case, the term "the following particulars" in the same paragraph is deemed to be replaced with the wording "the following particulars and the particulars listed in each item of Article 44-3."
(i)the indication that the personal information file is the subject of proposals solicited under Article 44-5, paragraph (1);
(ii)the name and address of the organization receiving a proposal under Article 44-5, paragraph (1);
(iii)if the personal information file falls under Article 2, paragraph (9), item (ii) (limited to the part relating to (b) in the same item), the indication that an opportunity is provided to submit an opinion pursuant to Article 14, paragraph (1) or (2) of the Incorporated Administrative Agencies Information Disclosure Act as applied mutatis mutandis in Article 44-8, paragraph (1).
(Solicitation of Proposals)
Article 44-4Under the Rules of the Personal Information Protection Committee, the incorporated administrative agency, etc. is to be periodically solicit proposals as specified in paragraph (1) of the following Article, for use of a personal information file it holds (limited to those for which particulars listed in item (i) of the preceding Article are registered in the personal information file register; the same applies hereinafter in this Chapter).
(Proposal of Business to Be Conducted Using Anonymized Personal Information Held by an Incorporated Administrative Agency)
Article 44-5(1)In response to a solicitation under the preceding Article, if a person intends to become a business which handles anonymized personal information held by an incorporated administrative agency, etc. and thereby will use anonymized personal information held by an incorporated administrative agency, etc. that is prepared by processing retained personal information constituting a personal information file, the person may submit a proposal concerning that business to the incorporated administrative agency, etc.
(2)The proposal in the preceding paragraph must be made by submitting to the incorporated administrative agency, etc. a written document stating all of the following particulars according to the Rules of the Personal Information Protection Committee:
(i)the name and address of the person submitting the proposal, and the name of the representative if the person is a corporation or any other organization;
(ii)the name of the personal information file relating to the proposal;
(iii)the number of relevant individuals related to anonymized personal information held by the incorporated administrative agency, etc. relating to the proposal;
(iv)beyond what is listed in the preceding items, particulars sufficient to identify the method of processing, as prescribed in Article 44-10, paragraph (1), to be used for preparing anonymized personal information held by the incorporated administrative agency, etc. relating to the proposal;
(v)the purpose of use and the method of use of the personal information held by an incorporated administrative agency, etc. relating to the proposal and the description of the business in which the anonymized personal information held by the incorporated administrative agency, etc. is to be used;
(vi)the period during which the anonymized personal information held by the incorporated administrative agency, etc. relating to the proposal is to be used for the business specified in the preceding item;
(vii)measures to be taken for preventing leaks and for other proper management of the anonymized personal information held by an incorporated administrative agency, etc. relating to the proposal;
(viii)beyond what is listed in each of the preceding items, particulars prescribed in the Rules of the Personal Information Protection Committee.
(3)The documents specified in the preceding paragraph must be accompanied by the documents listed below and other documents specified by the Rules of the Personal Information Protection Committee:
(i)a written pledge that the person making the proposal in paragraph (1) does not fall under any of the items of the following Article;
(ii)a document demonstrating that the business specified in item (v) of the preceding paragraph contributes to the creation of a new industry, or the realization of a vibrant economic society, or an enriched quality of life for the Japanese public.
(Grounds for Disqualification)
Article 44-6A person falling under any of the following items is not qualified to make a proposal in paragraph (1) of the preceding Article:
(i)a minor, adult ward, or person under curatorship;
(ii)a person who received an order of commencement of bankruptcy proceedings and has not had rights restored;
(iii)a person who has been sentenced to imprisonment without work or a heavier punishment or sentenced under the provisions of the Act on the Protection of Personal Information (Act No. 57 of 2003) or the Act on the Protection of Personal Information Held by Administrative Organs and for whom two years have not yet passed since the date on which the person finished serving the sentence or was not subject to its enforcement;
(iv)a person whose contract to use the anonimized personal information held by an incorporated administrative agency, etc. was canceled under Article 44-14, where two years have not yet passed since the date of the cancellation;
(v)a person whose contract to use anonymized personal information held by an administrative organs specified in Article 2, paragraph (9), of the Act on the Protection of Personal Information Held by Administrative Organs (limited to information constituting anonymized personal information file held by an administrative organs as provided for in paragraph (10) of the same Article) was canceled under Article 44-14 of the same Act, where two years have not yet passed since the date of the cancellation;
(vi)a person who is a corporation or any other organization and any of its officers falls under either of the condition stipulated in each of the preceding items.
(Examination of Proposals)
Article 44-7(1)If a proposal is submitted under Article 44-5, paragraph (1), the incorporated administrative agency must examine it to confirm whether it meets the following criteria:
(i)the person making the proposal in Article 44-5, paragraph (1) does not fall under any of the items in the preceding Article;
(ii)the number of relevant individuals in relation to the anonymized personal information held by an incorporated administrative agency, etc. relating to the proposal, under Article 44-5, paragraph (2), item (iii), is more than the number specified in the Rules of the Personal Information Protection Committee from the viewpoint of effective use of the anonymized personal information held by an incorporated administrative agency, etc., and is less than or equal to the number of relevant individuals related to the retained personal information constituting the personal information file relating to the proposal;
(iii)the processing method specified under Article 44-5, paragraph (2), items (iii) and (iv) conforms to the criteria prescribed in Article 44-10, paragraph (1);
(iv)the business specified under Article 44-5, paragraph (2), item (v) contributes to the creation of new industry, or the realization of a vibrant economic society, or an enriched quality of life for the Japanese public;
(v)the period specified under Article 44-5, paragraph (2), item (vi) does not exceed the period specified by the Rules of the Personal Information Protection Committee from the viewpoint of effective use of anonymized personal information held by an incorporated administrative agency, etc.;
(vi)the purpose of use and the method of use of the anonymized personal information held by an incorporated administrative agency, etc., under Article 44-5, paragraph (2), item (v), and the measures described in item (vii) of the same paragraph are appropriate for protecting the rights and interests of relevant individuals related to the anonymized personal information held by an incorporated administrative agency, etc.;
(vii)beyond what is listed in each of the preceding items, the proposal conforms to the criteria prescribed in the Rules of the Personal Information Protection Committee.
(2)If the incorporated administrative agency, etc. finds that the proposal prescribed in Article 44-5, paragraph (1) conforms to the criteria listed in the items of the preceding paragraph as a result of the examination pursuant to the provisions of the preceding paragraph, the incorporated administrative agency, etc., under the Rules of the Personal Information Protection Committee, must notify the proposal submitter of the following particulars:
(i)information that the incorporated administrative agency, etc. may conclude a contract with that person for the use of the anonymized personal information held by the incorporated administrative agency, etc. pursuant to the provisions in Article 44-9;
(ii)beyond what is listed in the preceding item, particulars prescribed in the Rules of the Personal Information Protection Committee.
(3)When the incorporated administrative agency, etc. determines that the proposal prescribed in Article 44-5, paragraph (1) does not completely conform to any of the criteria listed in the items of paragraph (1) as a result of the examination pursuant to the provisions of paragraph (1), under the Rules of the Personal Information Protection Committee, it is to so notify the submitter, attaching the grounds for the determination.
(Granting a Third Party an Opportunity to Submit a Written Opinion)
Article 44-8(1)When a proposal relating to a personal information file is submitted under Article 44-5, paragraph (1), and if particulars prescribed in Article 44-3, item (iii) are registered in the personal information file register for that personal information file, the provisions of Article 14, paragraphs (1) and (2) of the Incorporated Administrative Agencies Information Disclosure Act apply mutatis mutandis by deeming that proposal to be a request, under Article 3 of that Act, for disclosure of a corporate document in which retained personal information constituting personal information files relating to that proposal is recorded, and by deeming the notice under paragraph (2) of the preceding Article to be a decision to disclose all or part of that corporate document.In this case, the wording "Incorporated administrative agency, etc." in paragraph (1) of the same Article is deemed to be replaced with the wording "the incorporated administrative agency, etc. (meaning the incorporated administrative agency, etc. prescribed in Article 2, paragraph (1) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.; the same applies in the following paragraph)"; and any other necessary technical replacement of wording is specified by Cabinet Order.
(2)When a third party as described in Article 14, paragraph (1) or paragraph (2) of the Incorporated Administrative Agencies Information Disclosure Act (which is applied mutatis mutandis in the preceding paragraph) is given an opportunity to submit an opinion under paragraph (1) or (2) of the same Article, and that third party submits a written opposition opinion expressing an intention to oppose the creation of the anonymized personal information held by the incorporated administrative agency, etc. relating to the proposal prescribed in Article 44-5, paragraph (1), the provisions of this Chapter applies by deeming part of the personal information file relating to that proposal (specifically, the part from which retained personal information related to the third party who is the relevant individual is excluded) to be a personal information file relating to the proposal.
(Conclusion of a Contract for the Use of Anonymized Personal Information Held by an Incorporated Administrative Agency)
Article 44-9Under the Rules of the Personal Information Protection Committee, a person who received a notice prescribed in Article 44-7, paragraph (2) may conclude a contract with the incorporated administrative agency, etc. for the use of the anonymized personal information held by an incorporated administrative agency, etc.
(Preparation of Anonymized Personal Information Held by an Incorporated Administrative Agency.)
Article 44-10(1)When the incorporated administrative agency, etc. prepares anonymized personal information held by an incorporated administrative agency, etc., the retained personal information used for the preparation must be processed by means necessary for making it impossible to identify a specific individual using the processed information and to restore the processed information to the original state, following the criteria of the Rules of the Personal Information Protection Committee.
(2)The provisions in the preceding paragraph apply mutatis mutandis if a person entrusted by an incorporated administrative agency, etc. conducts the preparation of the anonymized personal information held by an incorporated administrative agency, etc.
(Registration of Particulars Relating to Anonymized Personal Information Held by an Incorporated Administrative Agency, in the Personal Information File Register)
Article 44-11If the incorporated administrative agency, etc. has prepared the anonymized personal information held by an incorporated administrative agency, etc., the following particulars are to be registered in the personal information file register for a personal information file that contains retained personal information that was used to prepare the anonymized personal information held by an incorporated administrative agency, etc. In applying Article 11, paragraph (1) to the personal information file in this case, which is to be read by replacing some words prescribed in Article 44-3, the phrase "and each item in Article 44-3" in the same paragraph is deemed to be replaced with the phrase "each item in Article 44-3 and each item in Article 44-11.":
(i)particulars to describe the outline of anonymized personal information held by an incorporated administrative agency, etc. as specified by the Rules of the Personal Information Protection Committee;
(ii)the name and address of the organization receiving a proposal under paragraph (1) of the following Article;
(iii)the period during which a proposal under paragraph (1) of the following Article may be submitted.
(Proposal of Business to Be Conducted Using Prepared Anonymized Personal Information Held by an Incorporated Administrative Agency.)
Article 44-12(1)If a person intends to become a business which handles anonymized personal information held by an incorporated administrative agency, etc. and thereby use anonymized personal information held by an incorporated administrative agency, etc. for which particulars described in item (1) of the preceding Article are registered in the personal information file register under the provisions in the same Article, the person may submit a proposal concerning that business to the incorporated administrative agency, etc. If a person has concluded a contract for the use of anonymized personal information held by the incorporated administrative agency, etc. under Article 44-9 for that anonymized personal information held by an incorporated administrative agency, etc. and intends to change the business for which the person will use that information, the provisions in this paragraph also apply to a proposal for that change.
(2)The provisions in Article 44-5, paragraphs (2) and (3), Article 44-6, Article 44-7 and Article 44-9 apply mutatis mutandis to the proposal prescribed in the preceding paragraph.In this case, the wording in respective provisions is to be replaced with the following wording: the wording of "the following particulars" in Article 44-5, paragraph (2) is to be replaced with the wording of "particulars prescribed in item (i), and items (iv) through (viii)"; the wording of "Beyond what is listed in the preceding items, particulars" in item (iv) of the same paragraph is to be replaced with the wording "particulars" and the wording of "identify the processing method as prescribed in the provisions in Article 44-10, paragraph (1) which is to be used for preparing the anonymized personal information of the incorporated administrative agencies, etc. in relation to" is to be replaced with the wording "identify"; the wording of "in each of the preceding items" in item (viii) of the same paragraph is to be replaced with the wording of "in item (i) and item (iv) through item (viii)"; the wording of "the following criteria" in Article 44-7, paragraph (1) is to be replaced with the wording of "the criteria prescribed in item (i), and items (iv) through (vii)"; the wording of "each of the preceding items" in item (vii) of the same paragraph is to be replaced with the wording of "item (i) and the three preceding items"; the wording of "the items of the preceding paragraph" in paragraph (2) of the same Article is to be replaced with the wording of "item (i) and items (iv) through (vii) of the preceding paragraph"; the wording of "any of the criteria listed in the items of paragraph (1)" in paragraph (3) of the same Article is to be replaced with the wording of "any of the criteria listed in item (i) and items (iv) through (vii) of paragraph (1)".
(Fees)
Article 44-13(1)A person who concludes a contract for the use of anonymized personal information held by an incorporated administrative agency, etc. under Article 44-9 (including cases applied mutatis mutandis pursuant to the provisions of paragraph (2) of the preceding Article; hereinafter the same applies in the following Article) must pay a fee specified by the incorporated administrative agency, etc.
(2)The incorporated administrative agency, etc. determines the amount of the fee within the actual costs, taking into consideration the amount of the fee set forth in Article 44-13 of the Act on the Protection of Personal Information Held by Administrative Organs.
(3)The incorporated administrative agency, etc. must make the rules under the provisions of the preceding two paragraphs available for general inspection.
(Cancellation of a Contract for the Use of Anonymized Personal Information Held by an Incorporated Administrative Agency)
Article 44-14If a person who has concluded a contract for the use of anonymized personal information held by an incorporated administrative agency, etc. under Article 44-9 falls under any of the following items, the incorporated administrative agency, etc. may cancel the contract:
(i)the contract has been concluded by fraudulent means or other unfair means;
(ii)the person falls under any of the items of Article 44-6 (including cases to which any of these items is applied mutatis mutandis under Article 44-12, paragraph (2));
(iii)a material breach of any provisions in the contract was committed.
(Security Control Measures)
Article 44-15(1)The incorporated administrative agency, etc. must take necessary measures for proper management of the anonymized personal information held by that incorporated administrative agency, etc., descriptions and other elements deleted from the retained personal information used for the preparation of the anonymized personal information held by the incorporated administrative agency, etc., and individual identification codes, and the method of processing performed under Article 44-10, paragraph (1) (hereinafter referred to as "anonymized personal information and other related information held by an incorporated administrative agency, etc." in this Article and the following Article), under the criteria of the Rules of the Personal Information Protection Committee as necessary for preventing leaks of anonymized personal information and other related information held by an incorporated administrative agency, etc.
(2)The provisions in the preceding paragraph apply mutatis mutandis if an incorporated administrative agency, etc. entrusts a person to handle its anonymized personal information and other related information, and that person performs those entrusted activities.
(Obligation of Employees)
Article 44-16The following persons must not disclose anonymized personal information and other related information held by an incorporated administrative agency, etc. acquired in the course of that person's work to another person without justifiable grounds, or use this information for an unjust purpose.
(i)an officer or employee or former an officer or employee of an incorporated administrative agency, etc. that handles anonymized personal information and other related information held by such incorporated administrative agency, etc.;
(ii)any person engaged in or formerly engaged in the entrusted duties set forth under paragraph (2) of the preceding Article.
Chapter V Miscellaneous Provisions
(Exception Relating to Retaining the Retained Personal Information)
Article 45Of the retained personal information (limited to information recorded in corporate documents that exclusively contain the non-disclosure information prescribed in Article 5 of the Incorporated Administrative Agencies Information Disclosure Act), information that has yet to be classified or otherwise put in order and from which it is extremely difficult to retrieve specific retained personal information due to the existence of a very large amount of information relating to the same purpose of use is deemed as not being held by the incorporated administrative agency, etc. with respect to application of the provisions of Chapter IV (excluding Section 4).
(Provision of Information to a Person who Intends to Make a Request for Disclosure)
Article 46(1)In order to allow a person who intends to make a request for disclosure, request for correction or request for suspension of use (hereinafter referred to as the "request for disclosure, correction or suspension of use, etc." in this paragraph) to make the request for disclosure, etc. easily and appropriately, the incorporated administrative agency, etc. is to provide information that contributes to specifying the retained personal information held by the incorporated administrative agency, etc. and take other adequate measures in consideration of convenience for the person who intends to make the request for disclosure, correction or suspension of use, etc.
(2)The Minister of Internal Affairs and Communications is to establish comprehensive information centers for ensuring the smooth implementation of this Act (excluding the preceding Chapter; the same applies in Article 48, paragraph (1)).
(Processing of Complaints on the Handling of Personal Information by Incorporated Administrative Agencies, etc.)
Article 47The incorporated administrative agency, etc. must endeavor to properly and expeditiously process any complaints on the handling of personal information in that incorporated administrative agency, etc.
(Public Announcement of the Status of Enforcement)
Article 48(1)The Minister of Internal Affairs and Communications may collect reports on the status of enforcement of this Act from the incorporated administrative agencies, etc.
(2)Each year the Minister of Internal Affairs and Communications is to compile the reports set forth in the preceding paragraph and make a summary of those reports public.
(Provision of Information to a Person Who Intends to Make a Proposal Pursuant to Article 44-5, Paragraph (1), and Other Provisions)
Article 48-2(1)In order to allow a person who intends to make a proposal pursuant to Article 44-5, paragraph (1), or Article 44-12, paragraph (1), to make the proposal easily and appropriately, the incorporated administrative agency, etc. is to provide information that contributes to that proposal and take other adequate measures in consideration of convenience for the person who intends to make that proposal.
(2)The Personal Information Protection Committee is to establish comprehensive information centers for ensuring the smooth implementation of the provisions of the preceding Chapter.
(Processing Complaints about the Handling of Anonymized Personal Information Held by an Incorporated Administrative Agency)
Article 48-3The incorporated administrative agency, etc. must endeavor to properly and expeditiously process any complaints on the handling of the anonymized personal information held by that incorporated administrative agency, etc.
(Requests for Reports)
Article 48-4The Personal Information Protection Committee may collect reports on the status of enforcement of the provisions in the preceding Chapter from the incorporated administrative agencies, etc.
(Requests for Submission of Materials and On-Site Inspections)
Article 48-5Beyond what is prescribed in the preceding Article, the Personal Information Protection Committee may, if it finds it necessary for achieving the purpose of the preceding Chapter, request the incorporated administrative agency, etc. of submission of materials and explanations on the state of implementation concerning the handling of anonymized personal information held by the incorporated administrative agency, etc., or may have its employees conduct on-site inspections.
(Guidance and Advice)
Article 48-6The Personal Information Protection Committee, if it finds it necessary for smooth application of the provisions in the preceding Chapter, may give necessary guidance and advice to the incorporated administrative agency, etc. concerning the incorporated administrative agency, etc.'s handling of anonymized personal information it holds.
(Recommendations)
Article 48-7The Personal Information Protection Committee, if it finds it necessary for smooth application of the provisions in the preceding Chapter may give recommendations to the incorporated administrative agency, etc. concerning the incorporated administrative agency, etc.'s handling of anonymized personal information it holds.
(Restriction on the Exercise of Authority by the Personal Information Protection Committee)
Article 48-8(1)The Personal Information Protection Committee, in the course of requiring the submission of a report or materials or requesting an explanation, or when conducting an on-site investigation, or giving guidance, advice or a recommendation to an incorporated administrative agency, etc. pursuant to the provisions of Article 48-4 through the preceding Article, must not hinder academic freedom.
(2)In light of the purpose of the provisions of Article 43, paragraph (1) of the Act on the Protection of Personal Information, the Personal Information Protection Committee must not exercise its authority over an act by the incorporated administrative agency, etc. to provide anonymized personal information held by an incorporated administrative agency, etc. to the persons listed under Article 76, paragraph (1) of the same Act (limited to the case where the anonymized personal information held by an incorporated administrative agency, etc. is handled for the purpose specified in each of the items in paragraph (1)).
(Delegation to Cabinet Orders)
Article 49Any other particulars necessary for implementation of this Act, beyond those prescribed in this Act, is prescribed by Cabinet Order.
Chapter VI Penal Provisions
Article 50If any of the following persons provides another person with a personal information file (including a personal information file of which content has been reproduced or processed in whole or in part) relating to Article 2, paragraph (6), item (i) containing individuals' confidential information without justifiable grounds, that person is subject to imprisonment for not more than two years or to a fine of not more than 1,000,000 yen.
(i)an officer or employee or a former officer or employee of an incorporated administrative agency, etc.
(ii)A person engaged in or who formerly engaged in the entrusted duties under Article 7, paragraph (2) or Article 44-15, paragraph (2)
Article 51A person prescribed in one of the items of the preceding Article who, for illicit personal gains or gains for a third party, provides another person with or appropriates retained personal information that that person acquired in relation to work, is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
Article 52An officer or employee of an incorporated administrative agency, etc., by abusing that authority, who collects documents, drawings or electronic or magnetic records containing confidential information on individuals for exclusive use for a purpose other than that officer or employee's duties, is subject to imprisonment for not more than one year or to a fine of not more than 500,000 yen.
Article 53The provisions of the preceding three Articles also apply to persons who commit the offenses outlined in these Articles outside Japan.
Article 54A person who has received the disclosure of retained personal information based on a decision on disclosure by deception or other wrongful means is subject to a fine of not more than 100,000 yen.
Supplementary Provisions
This Act comes into effect as of the enforcement date of the Act on the Protection of Personal Information Held by Administrative Organs.
Supplementary Provisions[Act No. 117 of July 16, 2003][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2004; provided, however, that the provisions listed in the following items come into effect as of the date specified for each respective item.
(i)provisions of Article 48:Whichever comes later of April 1, 2004 or the enforcement date of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 7Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act and to acts committed after the enforcement of this Act in cases where these Supplementary Provisions stipulate that prior laws continue to apply.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 8Beyond what is prescribed in the provisions of Article 2 through to the preceding Article of these Supplementary Provisions, any transitional measures necessary to enforce this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 119 of July 16, 2003][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Local Independent Administrative Agency Act (Act No. 118 of 2003); provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i) and (ii)omitted;
(iii)provisions in Article:Whichever comes later of the enforcement date of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. or the date of enforcement of this Act.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 6Beyond these Supplementary Provisions, any necessary transitional measures for the enforcement of this Act are stipulated by Cabinet Order.
Supplementary Provisions[Act No. 11 of March 31, 2004][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2004; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)omitted.
(ii)the revised provisions attaching the table of contents and chapter name after the title in Article 1; the revised provision attaching the chapter name after Article 1 of the Act on Special Measures for Amami Islands Promotion and Development; the revised provision attaching the chapter name before Article 7 of the same Act; the revised provisions attaching the chapter name and section name after Article 8 of the Act; the revised provisions of Article 9 and Article 10 of the Act; the revised provisions by deleting Articles 10-2 through 10-6 of the Act; the revised provisions revising Article 11 of the Act, making the same Article, Article 28 of the Act and adding three Articles, three Sections and a chapter name after Article 10 of the Act (except for the part pertaining to Article 23); the revised provision adding one chapter to the main provisions of the same Act; the revised provision of paragraph (2) of the Supplementary Provisions of the same Act; the revised provisions adding two paragraphs to the Supplementary Provisions of the same Act; and the provisions of Article 7 through Article 10, Article 12 through Article 18 and Article 23 of the Supplementary Provisions:October 1, 2004.
Supplementary Provisions[Act No. 74 of June 2, 2004][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions listed in the following items come into effect as of the date specified for each respective item.
(i)the provisions of Chapter III (excluding Section 1, Subsection 1 and Subsection 3, Article 30, Article 31, Article 33, Article 37 through Article 39, Article 48 (limited to the part as applied mutatis mutandis pursuant to Article 3, Article 8, paragraph (1), Article 11, Article 16 and Article 17 of the Act on General Rules as Applied Mutatis Mutandis) and Article 51), Chapter IV (excluding Article 54, item (iv) and Article 55), Article 11 through Article 15 of the Supplementary Provisions, Article 17 (excluding the revised provisions of Article 4, item (xxx) of the Act for Establishment of the Ministry of Justice (Act No. 93 of 1999)), Article 18 and Article 19:the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
Supplementary Provisions[Act No. 105 of June 11, 2004][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2006; provided, however, that Article 17, paragraph (3) (limited to the part as applied mutatis mutandis pursuant to the provisions of Article 14 of the Act on General Rules) and Article 30 and the next Article through Article 5 of the Supplementary Provisions, Article 7 of the Supplementary Provisions and Article 39 of the Supplementary Provisions come into effect as of the date of promulgation.
(Delegation to Cabinet Order)
Article 39Beyond what is prescribed in the provisions of Article 2 through Article 13 of the Supplementary Provisions, Article 15 of the Supplementary Provisions, Article 16 of the Supplementary Provisions and Article 19 of the Supplementary Provisions, the necessary transitional measures associated with the establishment of an investment management corporation and other transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.
Supplementary Provisions[Act No. 155 of December 3, 2004][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation:provided, however, that the provisions of Article 10 through Article 12, Article 14 through Article 17, Article 18, paragraphs (1) and (3), and Article 19 through Article 32 come into effect from October 1, 2005.
Article 32(1)If any of the following persons provides another person without justifiable grounds with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.(hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.") prior to revision pursuant to the provision of the preceding Article recording the particulars containing an individual's confidential information retained by the former Institute or the former organization, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the former institute or former organization;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by the former institute or former organization
(2)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. retained by the former institute or former organization, which was acquired in relation to that persons' duties for illicit personal gains or gains for a third party, that person is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.
(3)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 82 of July 6, 2005][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2007.
Article 25(1)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.") prior to revision pursuant to the provision of the preceding Article recording the particulars containing an individual's confidential information retained by a public finance corporation, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of a public finance corporation;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by a public finance corporation.
(2)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by a public finance corporation, which was acquired in relation to that person' duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(3)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 102 of October 21, 2005][Extract]
(Effective Date)
Article 1This Act comes into effect as of the enforcement date of the Postal Service Privatization Act.
Article 115(1)The provisions then in force remain applicable with regard to acts conducted prior to enforcement of this Act by a former public corporation or against a former public corporation (limited to those pertaining to business, etc. to be taken over by the succeeding company pursuant to the provisions of Article 166, paragraph (1) of the Postal Service Privatization Act) based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act" in this Article) prior to revision pursuant to the provisions of Article 129.
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by a former public corporation, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of a former public corporation;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act by a former public corporation.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act retained by a former public corporation, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 117Prior laws continue to govern the application of penal provisions to the following acts: acts committed before the enforcement of this Act; acts that are committed after the enforcement of this Act in cases where these Supplementary Provisions stipulate that prior laws remain applicable; acts that are committed prior to the lapse of the provisions in Article 38-8 (limited to the part relating to items (ii) and (iii)) of the former Postal Money Order Act that are deemed to remain effective after the enforcement of this Act under Article 9, paragraph 1 of these Supplementary Provisions; acts that are committed prior to the lapse of the provisions in Article 70 (limited to the part relating to items (ii) and (iii)) of the former Postal Money Order Act that are deemed to remain effective after the enforcement of this Act under Article 13, paragraph (1) of these Supplementary Provisions; acts that are committed prior to the lapse of the provisions in Article 8 (limited to the part relating to item (ii)) of the former Act on the Entrustment of Postal Transfer Deposit and Contribution that are deemed to remain effective after the enforcement of this Act under Article 27, paragraph (1) of these Supplementary Provisions; acts that are committed prior to the lapse of the provisions in Article 70 (limited to the part relating to item (ii)) of the former Public Corporation Act that are deemed to remain effective after the enforcement of this Act pursuant to Article 39, paragraph (2) of these Supplementary Provisions; acts that are committed prior to the lapse of the provisions in Articles 71 and 72 (limited to the part relating to item (xv)) of the former Public Corporation Act that are deemed to remain effective after the enforcement of this Act under Article 42, paragraph (1) of these Supplementary Provisions; and acts that are committed prior to the specified date relating to the postal savings bank prescribed in Article 104 of the Postal Service Privatization Act in the cases where the provisions of Article 2, paragraph (2) of the Supplementary Provisions are applicable.
Supplementary Provisions[Act No. 16 of March 31, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2007; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)the provisions of Article 2, Article 4, paragraph (1) and paragraph (5) of the Supplementary Provisions, Article 5 through Article 12 of the Supplementary Provisions, Article 13, paragraphs (2) through (4) of the Supplementary Provisions:October 1, 2007.
(Transitional Measures Accompanying Partial Revision of the Related Acts Accompanying Revision Pursuant to the Provisions of Article 2)
Article 11(1)The provisions then in force remain applicable with regard to acts conducted prior to enforcement of the provisions of Article 8 of the Supplementary Provisions by the Nippon Foundation or against the Nippon Foundation based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. prior to revision pursuant to the provisions of item (iv) of the same Article (hereinafter referred to as "former Act" in this Article).
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by the Nippon Foundation, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the Nippon Foundation;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act by the Nippon Foundation.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act retained by the Nippon Foundation, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 18Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act (in cases of the provisions listed in each of the items of Article 1 of the Supplementary Provisions, those provisions) and to acts committed after the enforcement of this Act in cases where these Supplementary Provisions stipulate that prior penal provisions remain applicable.
(Delegation to Cabinet Order)
Article 19Beyond those matters provided for in these Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are to be specified by Cabinet Order.
Supplementary Provisions[Act No. 58 of May 25, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of October 1, 2008.
Article 7(1)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.") prior to revision pursuant to the provisions of the Article 44 recording the particulars containing an individual's confidential information retained by the former National Life Finance Corporation, etc., that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the former National Life Finance Corporation, etc.;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by the former National Life Finance Corporation, etc.
(2)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. retained by the former National Life Finance Corporation, etc., which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(3)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 8Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act.
(Delegation to Cabinet Order)
Article 9Beyond those matters prescribed in the provisions of Article 2 through the preceding Article of the Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are to be specified by Cabinet Order.
(Adjusted Provisions)
Article 10In cases where this Act, the Shoko Chukin Bank Limited Act (Act No. 74 of 2007), the Act on the Development Bank of Japan, Inc. (Act No. 85 of 2007) or the Act on the Japan Finance Organization for Municipal Enterprises (Act No. 64 of 2007) have provisions revising the provisions of the same Act, if these revising provisions come into effect on the same day, the provisions of such Act are to be revised first by the Shoko Chukin Bank Limited Act, the Act on the Development Bank of Japan Inc. or the Act on the Japan Finance Organization for Municipal Enterprises, and then revised pursuant to this Act.
Supplementary Provisions[Act No. 64 of May 30, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation:provided, however, that the provisions of Article 46 and Article 47 and the provisions of Article 6, Article 7, paragraph (4), paragraph (5) and paragraph (7) of the Supplementary Provisions, and paragraph (8) of the same Article (limited to the part relating to paragraph (7) of the same Article), Article 8, Article 9, paragraph (6), paragraph (7), paragraph (11) and paragraph (12), Article 11, Article 13, paragraph (5), Article 16, and Article 26 through Article 29, Article 31 through Article 34, Article 36 through Article 41 and Article 47 come into effect from October 1, 2008.
Article 40(1)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc." in this paragraph and the following paragraph) prior to revision pursuant to the provisions of Article 38 of the Supplementary Provisions recording the particulars containing an individual's confidential information retained by a public finance corporation, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of a public finance corporation;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by a public finance corporation.
(2)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by a public finance corporation, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(3)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 74 of June 1, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of October 1, 2008; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)the provisions of Article 3 through Article 22 of the Supplementary Provisions, Article 25 through Article 30, Article 101 and Article 102:the date specified by Cabinet Order within a period not exceeding six months from the date of promulgation.
Article 91(1)The provisions then in force remain applicable with regard to acts conducted prior to the enforcement of this Act by a corporation prior to conversion or against a corporation prior to conversion based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act" in this Article) prior to revision pursuant to the provisions of the preceding Article.
(2)If one of the following persons with no justifiable ground provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. recording the particulars containing an individual's confidential information retained by a corporation prior to conversion, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of a corporation prior to the conversion;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by a corporation prior to conversion.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by a corporation prior to conversion, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit these crimes outside of Japan.
(Transitional Measures Concerning a Disposition)
Article 100Any dispositions, procedures or any other acts undertaken pursuant to the respective laws prior to revision (including orders issued thereunder; hereinafter the same applies in this Article) that were in effect prior to the enforcement of this Act and that have corresponding provisions in the respective laws after revision are deemed to have been undertaken pursuant to the corresponding provisions of the respective revised laws, unless otherwise stipulated in the Supplementary Provisions.
(Transitional Measures Concerning Application of the Penal Provisions)
Article 101Prior laws continue to govern the applicability of penal provisions to acts committed prior to the enforcement of this Act (in cases of the provisions listed in each of the items of Article 1 of the Supplementary Provisions, those provisions; hereinafter the same applies in this Article) as well as to acts committed after the enforcement of this Act in cases where they are to continue to be governed by prior laws pursuant to the provisions of these Supplementary Provisions or in cases where prior laws are to remain in force pursuant to the provisions of these Supplementary Provisions.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 102Beyond those matters provided for in these Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are to be specified by Cabinet Order.
Supplementary Provisions[Act No. 76 of June 6, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation.
Article 18(1)The provisions then in force remain applicable with regard to acts conducted prior to enforcement of this Act by the National Association of Racing or against the National Association of Racing based on the provisions of the , etc. prior to revision pursuant to the provisions of Article 15, item (iii) of the Supplementary Provisions (hereinafter referred to as "former Act" in this Article).
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph(including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by the National Association of Racing, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the National Association of Racing;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act by the National Association of Racing.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act retained by the National Association of Racing, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 82 of June 13, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)the provisions of Article 2, and Article 7, Article 8, Article 16, Article 21 through Article 24, Article 29, Article 31, Article 33, Article 35 and Article 37 of the Supplementary Provisions:from the date specified by Cabinet Order until January 31, 2008.
(ii)the provisions of Article 4, and Article 14, Article 15, Article 17, Article 25 through Article 28, Article 30, Article 32, Article 34, Article 36, and Article 38 of the Supplementary Provisions:from the date specified by Cabinet Order until April 30, 2008.
(Transitional Measures Accompanying Partial Revision of the Administrative Case Litigation Act and Other Related Laws Revised Pursuant to the Provisions of Article 2)
Article 24(1)The provisions then in force remain applicable with regard to acts conducted prior to the enforcement of the provisions of Article 21 of the Supplementary Provisions by the Japan Bicycle Promotion Association or against the Japan Bicycle Promotion Association based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.(hereinafter referred to as "former Act" in this Article) prior to revision pursuant to the provisions of the same Article.
(2)If one of the following persons with no justifiable ground provides the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by the Japan Bicycle Promotion Association, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the Japan Bicycle Promotion Association;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act by the Japan Bicycle Promotion Association.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act retained by the Japan Bicycle Promotion Association, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment with work for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set out in these paragraphs outside of Japan.
(Transitional Measures Accompanied by Partial Revision of the Administrative Case Litigation Act Revised by Article 4)
Article 28(1)The provisions then in force remain applicable with regard to acts conducted prior to the enforcement of the provisions of Article 25 of the Supplementary Provisions by the Japan Motorcycle Racing Organization or against the Japan Motorcycle Racing Organization based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.(hereinafter referred to as "former Act" in this Article) prior to revision pursuant to the provisions of the same Article.
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by the Japan Motorcycle Racing Organization, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the Japan Motorcycle Racing Organization;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by the Japan Motorcycle Racing Organization.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by the Japan Motorcycle Racing Organization, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment with work for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set forth in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 85 of June 13, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i) and (ii)omitted;
(iii)the provisions of Articles 26 through 60 and Article 62 through Article 65 of the Supplementary Provisions:October 1, 2008.
Article 45(1)The provisions then in force remain applicable with regard to acts conducted prior to enforcement of the provisions of Article 42, item (vi) of the Supplementary Provisions by the Development Bank of Japan or against the Development Bank of Japan (limited to those pertaining to the rights and obligations to be succeeded by the company pursuant to the provisions of Article 15, paragraph (1) of the Supplementary Provisions) based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc." in this Article) prior to revision pursuant to the provisions of the same item.
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act recording the particulars containing an individual's confidential information retained by the Development Bank of Japan, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the Development Bank of Japan;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by the Development Bank of Japan.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates the retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by the Development Bank of Japan, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment with work for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set forth in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 100 of June 27, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two months from the date of promulgation.
(Transitional Measures Accompanying Partial Revision of the National Diet Library Act and Other Related Laws)
Article 34The provisions of the following laws prior to revision pursuant to the provisions of Article 31 of the Supplementary Provisions and Article 32 of the Supplementary Provisions remain in effect during the period of the application of the former Act.
(i) through (vii)omitted.
(viii)column of the Nippon Institute for Research Advancement in the appended table of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc.
Article 37(1)The provisions (including those deemed to remain in effect under the provisions of Article 34, item (viii) of the Supplementary Provisions during the applicable period of the former Act) then in force remain applicable after the elapse of the applicable period of the former Act, except in cases where the institute is dissolved, with regard to acts conducted by the Nippon Institute for Research Advancement or against the Nippon Institute for Research Advancement prior to the elapse of the applicable period of the former Act based on the provisions of the Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. (hereinafter referred to as "former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc." in this Article) prior to revision pursuant to the provisions of Article 31, item (vii) of the Supplementary Provisions.
(2)If one of the following persons with no justifiable grounds provides another person with the personal information file provided for in Article 2, paragraph (4) pertaining to item (i) of the same paragraph (including a personal information file whose content has been reproduced or processed in whole or in part) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. recording the particulars containing an individual's confidential information retained by the Nippon Institute for Research Advancement, that person is subject to imprisonment for not more than two years or a fine of not more than 1,000,000 yen.
(i)a person who was an officer or employee of the Nippon Institute for Research Advancement;
(ii)a person who was engaged in work commissioned by a person entrusted with the handling of personal information as prescribed in Article 2, paragraph (2) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc. by the Nippon Institute for Research Advancement.
(3)If a person prescribed in one of the items of the preceding paragraph provides another person with or misappropriates retained personal information prescribed in Article 2, paragraph (3) of the former Act on the Protection of Personal Information Held by Incorporated Administrative Agencies, etc., retained by the Nippon Institute for Research Advancement, which was acquired in relation to his or her duties for illicit personal gains or gains for a third party, that person is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
(4)The provisions of the preceding two paragraphs also apply to persons who commit the crimes set forth in these paragraphs outside of Japan.
Supplementary Provisions[Act No. 109 of July 6, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order until April 1, 2010; provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)the provisions of Article 3 through Article 6, Article 8, Article 9, Article 12, paragraph (3) and paragraph (4), Article 29 and Article 36 of the Supplementary Provisions, the revised provisions of Article 18, paragraph (1) of the Supplementary Provisions of the Act on Partial Revision of the Health Insurance Act and Related Laws (Act No. 83 of 2006) in Article 63 of the Supplementary Provisions, and the revised provisions of Article 23, paragraph (1), Article 67, paragraph (1) and Article 191 of the Supplementary Provisions of the Act on Special Accounts (Act No. 23 of 2007) in Article 64 of the Supplementary Provisions and the provisions of Article 66 and Article 75 of the Supplementary Provisions:date of promulgation.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 74Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act as well as to acts committed after the enforcement of this Act in cases where prior laws are to remain in force pursuant to the provisions of these Supplementary Provisions.
(Delegation to Cabinet Order)
Article 75Beyond those matters provided for in these Supplementary Provisions, the transitional measures necessary for the enforcement of this Act are to be specified by Cabinet Order.
Supplementary Provisions[Act No. 111 of July 6, 2007][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation.
Supplementary Provisions[Act No. 66 of July 1, 2009][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding two years from the date of promulgation.
Supplementary Provisions[Act No. 76 of July 10, 2009][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three years from the date of promulgation.
Supplementary Provisions[Act No. 19 of March 31, 2010][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2010.
Supplementary Provisions[Act No. 39 of May 2, 2011][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation; provided, however, that the provisions set forth in Article 5, paragraph (1) and Article 47, and Article 22 through Article 51 of the Supplementary Provisions come into effect as of April 1, 2012.
Article 50(2)Beyond what is prescribed in the provisions of the preceding paragraph, any necessary transitional measures for the enforcement of this Act are to be specified by Cabinet Order.
(Transitional Measures Concerning Application of the Penal Provisions)
Article 51Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions.
Supplementary Provisions[Act No. 94 of August 10, 2011][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of promulgation
Supplementary Provisions[Act No. 107 of August 30, 2011][Extract]
(Effective Date)
Article 1This Act comes into effect as of October 1, 2011.
Supplementary Provisions[Act No. 24 of March 31, 2012][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2012.
Supplementary Provisions[Act No. 42 of June 27, 2012][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2013.
Supplementary Provisions[Act No. 40 of May 21, 2014][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding three months from the date of promulgation.
Supplementary Provisions[Act No. 67 of June 13, 2014][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date of enforcement of the Act for the Partial Revision of the Act on General Rules for Incorporated Administrative Agencies (Act No. 66 of 2014, hereinafter referred to as the "General Rules Revising Act"); provided, however, that the provisions set forth in the following items come into effect as of the date specified for each respective item:
(i)provisions of Article 14, paragraph (2), Article 18, and Article 30 of the Supplementary Provisions:the date of promulgation.
(Effect of Dispositions)
Article 28Dispositions, procedures, and any other acts taken or to be taken under individual governing laws (including orders issued thereunder) that were in effect before this Act comes into effect and that have corresponding provisions in individual laws that are in effect after the revision by this Act (including orders issued thereunder; hereinafter referred to as "revised laws" in this Article), are deemed to be dispositions, procedures, and other acts taken or to be taken under the corresponding provisions of the revised laws, unless otherwise stipulated in any law (including a Cabinet Order issued under that law).
(Transitional Measures Concerning the Application of Penal Provisions)
Article 29Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act and to acts committed after the enforcement of this Act in cases where these Supplementary Provisions stipulate that prior penal provisions remain effective.
(Delegation of Other Transitional Measures to Cabinet Orders)
Article 30Beyond the provisions of Article 3 through the preceding Article of these Supplementary Provisions, any transitional measures necessary for enforcing this Act (including transitional measures relating to penal provisions) are specified by Cabinet Order (or by the Rules of the National Personnel Authority for particulars governed by the National Personnel Authority).
Supplementary Provisions[Act No. 69 of June 13, 2014][Extract]
(Effective Date)
Article 1This Act comes into effect as of the enforcement date of the Administrative Complaint Review Act (Act No. 68 of 2014).
(Principle of Transitional Measures)
Article 5Unless otherwise provided for in these Supplementary Provisions, prior laws continue to govern administrative appeals on dispositions or other acts or inactions of administrative agencies regarding dispositions or other acts of administrative agencies made before this Act comes into effect or to inactions of administrative agencies based on applications made before this Act comes into effect.
(Transitional Measures Concerning Litigation)
Article 6(1)Prior laws continue to govern the filing of an action with regard to particulars for which an action may be filed only after a determination, decision or any other act is made by an administrative agency in relation to an administrative appeal pursuant to the provisions of laws amended by the provisions of this Act and for which the statutes of limitation for filing an action has expired before this Act comes into effect while no administrative appeal has been entered (if this administrative appeal may be entered only after a determination, decision or any other act is made by an administrative agency in relation to another administrative appeal, including particulars for which the statute of limitations for filing an action has expired before this Act comes into effect while no other administrative appeal has been entered).
(2)Prior laws continue to govern the filing of an action for revocation of a disposition or any other act against which an objection has been filed pursuant to the provisions of laws prior to amendment by the provisions of this Act (including cases where prior laws continue to govern pursuant to the provisions of the preceding Article) and for which an action for revocation may be filed only after a determination on an appeal for review is made pursuant to the provisions of laws as amended by the provisions of this Act.
(3)Prior laws continue to govern an action for revocation of a determination, decision or any other act made by an administrative agency in relation to an administrative appeal, where the action has been filed before this Act comes into effect.
(Transitional Measures Concerning the Application of Penal Provisions)
Article 9Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act and to acts committed after the enforcement of this Act in cases where Article 5 and the two preceding Articles of these Supplementary Provisions stipulate that prior laws continue to apply.
(Delegation of Other Transitional Measures to Cabinet Order)
Article 10Beyond the provisions of Article 5 through the preceding Article of these Supplementary Provisions, any transitional measures necessary for enforcing this Act (including transitional measures relating to penal provisions) are specified by Cabinet Order.
Supplementary Provisions[Act No. 59 of July 17, 2015][Extract]
(Effective Date)
Article 1This Act comes into effect as of April 1, 2017.
Supplementary Provisions[Act No. 51 of May 27, 2016][Extract]
(Effective Date)
Article 1This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding one year and six months from the date of promulgation; provided, however, that the provisions of Article 3 and Article 4 of the Supplementary Provisions come into effect on the date of promulgation.
(Delegation to Cabinet Orders)
Article 3Beyond what the preceding Article provides, any transitional measures necessary for enforcing this Act is specified by Cabinet Order.
(Measures for Promoting the Integrated Use of Personal Information)
Article 4(1)Within two years from the promulgation of this Act , the government is to take measures to promote the integrated use of Personal Information in fields which will enhance the public interest and the lives of the people by the integrated use of personal information prescribed in Article 2, paragraph (1) of the Act on the Protection of Personal Information (Act No. 57 of 2003) possessed by personal information handling business operators prescribed in Article 2, paragraph (5) of the same Act, state organs prescribed in item (i) of the same paragraph, local governments prescribed in item (ii) of the same paragraph, incorporated administrative agencies, etc., prescribed in item (iii) of the same paragraph, and local incorporated administrative agencies prescribed in item (iv) of the same paragraph.
(2)When applying the provisions of the preceding paragraph during the period until the Act Partially Amending the Act on the Protection of Personal Information and the Act Concerning Use of Numbers to Identify Specific Individuals in Administrative Procedures (Act No. 65 of 2015) is enforced, the wording "Article 2, paragraph (5)" in the same paragraph is deemed to be replaced with the wording "Article 2, paragraph (3)."
Supplementary Provisions[Act No. 89 of November 28, 2016][Extract]
(Effective Date)
Article 1This Act comes into effect on the date specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Chapter I, Chapter III, Article 103, Article 106, Article 107, Article 110 (limited to the part pertaining to Article 80 (including cases applied mutatis mutandis pursuant to the provisions of Article 86 and Article 88, paragraph (2))), Article 102 (limited to the part pertaining to item (xii)), Article 114 and Article 115, and the provisions from Article 5 through Article 9, Article 11, Article 14 through 17, Article 18 (limited to the revised provisions of appended table 3 of the Registration and License Tax Act (Act No. 35 of 1967)), Article 20 through Article 23, and Article 26 of the Supplementary Provisions come into effect on the date of promulgation.
(Transitional Measures Concerning Penal Provisions)
Article 25Prior laws continue to govern the application of penal provisions to acts committed prior to the enforcement of this Act and to acts committed after the enforcement of this Act in cases where the provisions of this Act stipulate that prior laws remain applicable.
(Delegation to Cabinet Order)
Article 26Beyond what is prescribed in these Supplementary Provisions, any necessary transitional measures (including transitional measures relating to the penal provisions) for the enforcement of this Act are to be specified by Cabinet Order.
Appended Table (related to Article 2)
Name
Legal basis
Okinawa Institute of Science and Technology Graduate University
Okinawa Institute of Science and Technology Graduate University Act (Act No. 76 of 2009)
The Okinawa Development Finance Corporation
Organization for Technical Intern Training
Japan Bank for International Cooperation
Japan Bank for International Cooperation Act (Act No. 39 of 2011)
Japan Finance Corporation
Japan Finance Corporation Act (Act No. 57 of 2007)
Nippon Export and Investment Insurance
Trade and Investment Insurance Act (Act No. 67 of 1950)
Nuclear Damage Compensation and Decommissioning Facilitation Corporation
Nuclear Damage Compensation and Decommissioning Facilitation Corporation Act (Act No. 94 of 2011)
National University Corporation
Inter-University Research Institute Corporation
Bank of Japan
Bank of Japan Act (Act No. 89 of 1997)
Japan Legal Support Center
Comprehensive Legal Support Act (Act No. 74 of 2004)
Promotion and Mutual Aid Corporation for Private Schools of Japan
Japan Racing Association
Japan Racing Association Act (Act No. 205 of 1954)
Japan Pension Service
Japan Pension Organization Act (Act No. 109 of 2007)
Agricultural and Fishery Co-operative Savings Insurance Corporation
The Open University of Japan Foundation
Deposit Insurance Corporation of Japan
Deposit Insurance Act (Act No. 34 of 1971)