個人情報の保護に関する法律施行令 - 英語 - 日本法令外国語訳DBシステム

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Order for Enforcement of the Act on the Protection of Personal Information

Cabinet Order No. 507 of December 10, 2003

Table of Contents

Chapter I General Provisions (Articles 1 through 3)

Chapter II Obligations of Business Handling Personal Information (Articles 4 through 15)

Chapter III Obligations of Administrative Entity (Articles 16 through 32)

Chapter IV The Personal Information Protection Commission (Articles 33 to 40)

Chapter I General Provisions

(Individual Identification Code)

Article 1The characters, letters, numbers, symbols or other codes prescribed by Cabinet Order under Article 2, paragraph (2) of the Act on the Protection of Personal Information (referred to below as the "Act") are to be those stated in the following:

(i)the characters, letters, numbers, symbols or other codes to which a distinguishing physical feature stated in the following is converted in order to be provided for use by computers, which conform to standards prescribed by Rules of the Personal Information Protection Commission as being sufficient to be used to identify a specific individual:

(a)base sequence constituting Deoxyribonucleic Acid (also known as DNA) taken from cells;

(b)appearance decided by facial bone structure and skin color as well as the position and shape of one's eyes, nose, mouth or other facial elements;

(c)linear pattern formed by the surface undulation of one's iris;

(d)vibration of the vocal cords during vocalization, opening and closing of the glottis, shape of the vocal tract and changes in the vocal tract when speaking;

(e)bodily posture and both arms' movements, stride length and other physical appearance when walking;

(f)shape of veins decided by the junctions and endpoints of veins lying under the skin of the inner or outer surface of one's hands or fingers;

(g)finger print or palm print.

(ii)passport number referred to in Article 6, paragraph (1), item (i) of the Passport Act (Act No. 267 of 1951);

(iii)insured person symbol or number, etc. stated in Article 111-2, paragraph (1) of the National Health Insurance Act (Act No. 192 of 1958);

(iv)basic pension number stated in Article 14 of the National Pension Act (Act No. 141 of 1959);

(v)license number referred to in Article 93, paragraph (1), item (i) of the Road Traffic Act (Act No. 105 of 1960) or number of license information record referred to in Article 95-2, paragraph (2), item (i) of that Act;

(vi)residence certificate code specified in Article 7, item (xiii) of the Basic Resident Registration Act (Act No. 81 of 1967);

(vii)insured person number, etc. referred to in Article 161-2, paragraph (1) of the Act on Assurance of Medical Care for Elderly People (Act No. 80 of 1982);

(viii)characters, letters, numbers, symbols or other codes prescribed by Rules of the Personal Information Protection Commission and stated in a certificate of insured person referred to in Article 12, paragraph (3) of the Long-Term Care Insurance Act (Act No. 123 of 1997) to be assigned differently for each recipient;

(ix)individual number specified in Article 2, paragraph (5) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013);

(x)any other characters, letters, numbers, symbols or other codes prescribed by Rules of the Personal Information Protection Commission as being equivalent to the preceding items.

(Sensitive Personal Information)

Article 2The identifiers or their equivalent prescribed by Cabinet Order under Article 2, paragraph (3) of the Act are those which contain any of those matters stated in the following (excluding those falling under an identifiable person's medical record or criminal record):

(i)the fact of having a physical disability, intellectual disability, mental disability (including a developmental disability), or other physical or mental functional disability as prescribed by Rules of the Personal Information Protection Commission;

(ii)the results of a medical check-up or other examination (referred to below as a "medical check-up, etc." in the following item) for the prevention and early detection of a disease conducted on an identifiable person by a medical doctor or other person engaged in duties related to medical care (referred to below as a "doctor, etc." in the following item);

(iii)the fact that guidance for the improvement of the mental and physical conditions, or medical care or prescription has been given to an identifiable person by a doctor, etc. based on the results of a medical check-up, etc. or for reason of disease, injury or other mental or physical change;

(iv)the fact that an arrest, search, seizure, detention, institution of prosecution or other procedure related to a criminal case has been carried out against an identifiable person as a suspect or an accused;

(v)the fact that an investigation, measures for observation and protection, trial and decision, the disposition for rehabilitation of an adjudicated delinquent or other procedures related to juvenile protection cases have been carried out against an identifiable person as a juvenile under Article 3, paragraph (1) of the Juveniles Act (Act No.168 of 1948) or a person suspected of falling under the paragraph.

(Administrative Bodies)

Article 3 (1)The special body designated by Cabinet Order under Article 2, paragraph (8), item (iv) of the Act means the National Police Agency.

(2)The special body designated by Cabinet Order under Article 2, paragraph (8), item (v) of the Act means the Public Prosecutors Offices.

Chapter II Obligations of Business Handling Personal Information

(Personal Information Database)

Article 4 (1)The collective body of information that is prescribed by Cabinet Order as having little possibility of harming individual rights and interests in consideration of how the information is used under Article 16, paragraph (1) of the Act, and that falls under all of the following:

(i)that information issued for the purpose of being sold to a large number of unspecified persons, and the issuance of which has not been conducted in violation of the provisions of the Act or an order based on the Act;

(ii)that information that can be, or could have been, purchased as needed by a large number of unspecified persons;

(iii)that information that is being provided for its original purpose without adding other information relating to a living individual.

(2)The information prescribed by Cabinet Order under Article 16, paragraph (1), item (ii) of the Act is information that has been systematically organized, including a table of contents, index or other configuration, so as to be easily searchable for particular personal information, by arranging personal information contained in a collective body of information prescribed in that paragraph according to a certain rule.

(Exclusions from Personal Data the Business Holds)

Article 5The data provided for by Cabinet Order under Article 16, paragraph (4) of the Act is as follows:

(i)data that is likely to harm the life, wellbeing or property of the identifiable person or a third party if existence or non-existence of the relevant personal data is made clear;

(ii)data that has a possibility of fomenting or inducing an unlawful or unjust act if existence or non-existence of the relevant personal data is made clear;

(iii)data that would undermine national security, destroy a relationship of trust with a foreign country or international organization, or cause a disadvantage in negotiations with a foreign country or international organization if existence or non-existence of the relevant personal data is made clear;

(iv)data that would hinder the maintenance of public safety and order, such as the prevention, suppression or investigation of a crime if existence or non-existence of the relevant personal data is made clear.

(Pseudonymized Personal Information Database)

Article 6That information prescribed by Cabinet Order under Article 16, paragraph (5) of the Act is information that has been systematically organized, including a table of contents, index or other configuration, so as to be easily searchable for particular pseudonymized personal information, by arranging pseudonymized personal information contained in a collective body of information prescribed in that paragraph according to a certain rule.

(Anonymized Personal Information Database)

Article 7That information prescribed by Cabinet Order under Article 16, paragraph (6) of the Act is information that has been systematically organized, including a table of contents, index or other configuration, so as be easily searchable for particular anonymized personal information, by arranging anonymized personal information contained in a collective body of information prescribed in that paragraph according to a certain rule.

(Database of Information Related to an Individual , etc.)

Article 8That collective body of information prescribed by Cabinet Order under Article 16, paragraph (7) of the Act means a body of information that has been systematically organized so as to be easily searchable for particular information related to an individual, by arranging information related to an individual contained in a collective body of information prescribed in that paragraph according to a certain rule, and is equipped with a table of contents, index or other configuration so as to be easily searchable.

(Cases in which Sensitive Personal Information may be Acquired Without an Identifiable Person's Consent)

Article 9The cases prescribed by Cabinet Order under Article 20, paragraph (2), item (viii) of the Act are as follows:

(i)cases in which visually clear sensitive personal information is acquired by visual observation, filming or photographing of an identifiable person; and

(ii)when receiving sensitive personal information that constitutes personal data in those cases stated in the items of Article 27, paragraph (5) of the Act (including cases applied by replacing terms pursuant to Article 41, paragraph (6) of the Act and cases as applied mutatis mutandis pursuant to Article 42, paragraph (2) of the Act following the deemed replacement of terms).

(Necessary Matters to Ensure the Proper Handling of Personal Data the Business Operator Holds)

Article 10The necessary matters as prescribed by Cabinet Order under Article 32, paragraph (1), item (iv) of the Act are as follows:

(i)measures implemented pursuant to Article 23 of the Act for managing the security of the personal data the business operator holds (excluding measures that are likely to hinder the management of the security of the personal data the business operator holds by making the measures knowable to an identifiable person (including providing answers without delay as requested by that identifiable person));

(ii)where to lodge a complaint about the handling of personal data the relevant business handling personal information holds;

(iii)in those cases in which the relevant business handling personal information is a covered business operator of a certified personal information protection organization, the appellation of the certified personal information protection organization and where to lodge a petition for resolution of a complaint.

(Those Excluded from Record of Provision to a Third Party)

Article 11The records prescribed by Cabinet Order under Article 33, paragraph (5) of the Act are as follows:

(i)those that are likely to harm the life, wellbeing or property of an identifiable person or a third party if existence or non-existence of the relevant record is made clear;

(ii)those that have a possibility of fomenting or inducing an unlawful or unjust act if existence or non-existence of the relevant record is made clear;

(iii)those that would undermine national security, destroy a relationship of trust with a foreign country or international organization, or cause disadvantage in negotiations with a foreign country or international organization if existence or non-existence of the record is made clear;

(iv)those that would hinder the maintenance of public safety and order such as the prevention, suppression or investigation of a crime if existence or non-existence of the relevant record is made clear.

(Methods for Receiving Requests for Disclosure or Other Handling)

Article 12Those matters which a business handling personal information may prescribe as a method of receiving a request for disclosure or other handling pursuant to Article 37, paragraph (1) of the Act, are as stated in the following:

(i)where to file the request for disclosure or other handling;

(ii)the format of documents (including an electronic or magnetic record; the same applies in Article 35, paragraph (1) and Article 40, paragraph (3)) to be submitted at the time of making requests for disclosure or other handling and other forms by which requests for disclosure or other handling may be made;

(iii)the method for confirming that a person making a request for disclosure or other handling is the identifiable person or the agent prescribed in the following Article;

(iv)the method for collecting the fees referred to in Article 38, paragraph (1) of the Act.

(Agents Who May Make Requests Disclosure or Other Handling)

Article 13The agents who may make requests for disclosure or other handling pursuant to Article 37, paragraph (3) of the Act are the agents as stated below:

(i)a legal representative of a minor or an adult ward;

(ii)an agent delegated by an identifiable person to request disclosure or other handling

(Application for Certification as a Personal Information Protection Organization)

Article 14 (1)An application for certification under Article 47, paragraph (3) of the Act must be filed by submitting a written application containing the matters stated in the following to the Personal Information Protection Commission:

(i)the appellation, address and name of the representative or administrator;

(ii)the location of an office where the services relating to the application for certification will be performed;

(iii)a summary of services relating to the application for certification (including whether information handled by a covered business operator is personal information, pseudonymized personal information, or anonymized personal information);

(iv)in the case of a person that intends to be certified for services limited in scope pursuant to Article 47, paragraph (2) of the Act, the type or the scope of services of business handling personal information, etc. that are covered.

(2)The written application referred to in the preceding paragraph must have the documents stated in the following items attached to it:

(i)the articles of incorporation, articles of endowment and other basic general conditions;

(ii)a document in which a person applying to be certificated pledges that they do not fall under the provisions of the items of Article 48 of the Act;

(iii)a document stating a method of business implementation relating to the application for certification;

(iv)a document demonstrating sufficient knowledge and capability to properly and reliably perform services relating to the application for certification;

(v)a document demonstrating the financial basis, including the business report, balance sheet, income and expenditure account statement, inventory of assets (in the case of a corporation established in the business year encompassing the day of the application, a property inventory list as of the time of the establishment) for the latest business year;

(vi)a document stating the name, address and brief personal history of the officers;

(vii)a document stating the name of the covered business, and a document verifying that the covered business operator is a person who has agreed to be covered by services relating to the application for certification;

(viii)in the case of performing services other than those relating to the application for certification, a document stating the type and outline of the other services;

(ix)a document stating other referenced matters.

(3)The provisions of the preceding two paragraphs apply mutatis mutandis to certification of alterations referred to in Article 50, paragraph (1) of the Act.

(4)When a matter stated in the items of paragraph (1) or matters stated in a document stated in items (ii) through (iv), item (vi), or item (viii) of paragraph (2) has been changed (excluding matters associated with certification of alterations referred to in Article 50, paragraph (1) of the Act) or when minor alterations have been made as provided for in Rules of the Personal Information Protection Commission in the proviso to paragraph (1) of that Article, a certified personal information protection organization must submit a notification to that effect to the Personal Information Protection Commission without delay (including that matter and a reason for the change when a matter entered in a document stated in item (iii) of paragraph (2) has been changed).

(Notification of Discontinuation of Certified Services)

Article 15When a certified personal information protection organization intends to discontinue the certified services, it must submit a notification stating the following matters to the Personal Information Protection Commission by no later than three months before the date it intends to discontinue the services:

(i)the appellation, address, and name of the representative or administrator;

(ii)the date it intends to finish receiving petitions referred to in Article 53, paragraph (1) of the Act;

(iii)the date it intends to discontinue the certified services;

(iv)the reason for discontinuing the certified services.

Chapter III Obligations of Administrative Bodies

(Exclusion from Local Government Documents)

Article 16The documents, drawings or electronic or magnetic records prescribed by Cabinet Order under Article 60, paragraph (1) of the Act are as follows:

(i)items published for the purpose of selling to a large number of unspecified persons, such as official gazettes, bulletins, white papers, newspapers, magazines, and books

(ii)items that are specially managed by any of the following methods as either historical or cultural materials, or as materials for academic research in archives, research institutes, museums, art museums, libraries or other similar facilities designated by the head of local government:

(a)the materials are appropriately preserved in a dedicated place.

(b)a catalog of the materials is prepared and provided for public inspection.

(c)restriction on public use is not in place, except in the following case:

1.when it is found that non-disclosure information prescribed in information disclosure ordinance of local government (meaning information equivalent to non-disclosure information prescribed in Article 5 of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999)) is recorded in the material, restricting public use of the material (limited to the portion where non-disclosure information is recorded).

2.when the material has been donated or deposited by corporations or other organizations (excluding the national government or incorporated administrative agencies or other prescribed corporation) or individuals on the condition that all or part of the material will not be disclosed for a certain period, restricting public use of all or part of the material during the period.

3.when providing the original of the material for use is likely to result in damage or defacement of the original, or when the original is currently being used in facilities where the material is held, restricting methods or a period for public use of the original;

(d)there are provisions on the methods and period for use of the material and the provisions are provided for public inspection;

(e)necessary measures to prevent the leakage of personal information recorded in the material are taken.

(Anonymized Personal Information File the Administrative Body Holds)

Article 17The anonymized personal information file the administrative body holds as prescribed by Cabinet Order under Article 60, paragraph (4), item (ii) of the Act is the collective body of information that has been systematically organized, including a table of contents, index or other configuration, so as to be easily searchable for particular anonymized personal information the administrative body holds, by arranging anonymized personal information the administrative body holds contained in a collective body of information prescribed in that paragraph according to a certain rule.

(Head of Administrative Bodies Designated for Each Body)

Article 18The head of an administrative body designated by Cabinet Order under Article 63 of the Act is as follows:

(i)in the case of the National Police Agency, the Commissioner General of the National Police Agency;

(ii)in the case of the Supreme Public Prosecutors Office, the Prosecutor-General;

(iii)in the case of a High Public Prosecutors Office, the Superintending Prosecutor of the Office;

(iv)in the case of a district public prosecutors' office, the Chief Prosecutor of the office;

(v)in the case of a local public prosecutors' office, the Chief Prosecutor of the district public prosecutors' office corresponding to the district court having jurisdiction over the location of the summary court corresponding to the local public prosecutors' office.

(Services for which Measures for the Managing Security of personal Information are to Be Taken)

Article 19The services specified by Cabinet Order under Article 66, paragraph (2), item (iii) of the Act are as follows:

(i)services to be conducted pursuant to the provisions of the Act on Regulation of Execution of Budgets Related to Subsidies (Act No. 179 of 1955) applied mutatis mutandis in: Article 19 of the Act on the National Institute of Information and Communications Technology (Act No. 162 of 1999), Article 18 of the Act on the New Energy and Industrial Technology Development Organization (Act No. 145 of 2002), Article 16 of the Act on National Institutes of Biomedical Innovation, Health and Nutrition (Act No. 135 of 2004), or Article 17-3 of the Act on Japan Agency for Medical Research and Development, National Research and Development Agency (Act No. 49 of 2014);

(ii)services to be conducted based on Article 168-2 (limited to the portion related to item (ix)) or Article 168-3, paragraph (1) of the Measurement Act (Act No. 51 of 1992);

(iii)services to be conducted based on Article 15-2, paragraph (1) (including cases where applied mutatis mutandis in Article 17-2, paragraph (6), Article 35-3, paragraph (3), and Article 47, paragraph (3)) or Article 63, paragraph (1) of the Plant Variety Protection and Seed Act (Act No. 83 of 1998);

(iv)services to be conducted based on Article 65-4, paragraph (1), or Article 65-5, paragraph (1), (2) or (4) of the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (Act No. 114 of 1998);

(v)services to be conducted based on Article 14, paragraph (1) of the Act on the Forest Research and Management Organization (Act No. 198 of 1999);

(vi)services to be conducted based on Article 32, paragraph (1) of the Act on the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms (Act No. 97 of 2003);

(vii)services to be conducted as a designated medical institution for hospitalization prescribed in Article 2, paragraph (4) of the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity (Act No. 110 of 2003) based on the provisions of that Act;

(viii)services to be conducted based on the provisions of Article 23, paragraph (1) of the Act on Promotion of Cancer Registries (Act No.111 of 2013).

(ix)services to be conducted by a person prescribed in Article 58, paragraph (1), item (ii) of the Act based on local ordinance and specified by local ordinance as being similar to services stated in the preceding items.

(2)The services specified by Cabinet Order under Article 66, paragraph (2), item (iv) of the Act are as follows:

(i)services to be conducted as a designated medical institution for hospitalization prescribed in Article 2, paragraph (4) of the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity based on the provisions of that Act; and

(ii)services to be conducted by a person prescribed in Article 58, paragraph (2), item (i) of the Act as services specified in that item based on local ordinance and specified by local ordinance as being similar to services stated in the preceding item.

(Advance Notification on Holding Personal Information Files)

Article 20 (1)The matters prescribed by Cabinet Order under Article 74, paragraph (1), item (xi) of the Act are as follows:

(i)the scheduled date of commencement of holding personal information files; and

(ii)other matters prescribed by Rules of the Personal Information Protection Commission.

(2)The number specified by Cabinet Order under Article 74, paragraph (2), item (ix) of the Act is 1000.

(3)Personal information files specified by Cabinet Order under Article 74, paragraph (2), item (x) of the Act are as follows:

(i)a personal information file related to the following persons, which exclusively contains information concerning their personnel, wages or welfare benefits or any equivalent matters (including a personal information file concerning the recruitment tests or selection of a person specified in (a));

(a)a person who currently or previously falls under the following:

1.an employee of an administrative body, etc. other than the relevant body;

2.a national public officer who is not an employee of an administrative body and who is subject to appointment by an administrative body or the head of an administrative body;

3.a person employed by an administrative body and engaged in labor for an employer other than the national government;

4.a person engaged in an administrative body's affairs entrusted by an administrative body or the head of an administrative body and who should be engaged exclusively in those affairs for a year or more.

(b)a person prescribed in Article 74, paragraph (2), item (iii) of the Act, or a dependent or a bereaved family member of those stated in (a)

(ii)a personal information file that records both the persons prescribed in Article 74, paragraph (2), item (iii) of the Act and the persons stated in (a) or (b) of the preceding item, which exclusively contains information concerning their personnel, wages or welfare benefits or any equivalent matters.

(Preparation and Publication of Personal Information File Registers)

Article 21 (1)When the head of an administrative body, etc. holds a personal information file (excluding those stated in the items of Article 75, paragraph (2) of the Act and those not included in a personal information file register pursuant to paragraph (3) of that Article, the same applies in the next paragraph and paragraph (4)), they must immediately create a personal information file register.

(2)A personal information file register is made as one book through personal information files held by an administrative body.

(3)When matters to be included in a personal information file register are changed, the head of an administrative body must immediately amend the personal information file register.

(4)When the head of an administrative body, etc. ceases to hold a personal information file included in a personal information file register, or when a personal information file falls under Article 74, paragraph (2), item (ix) of the Act, they must remove the description of the personal information file from the register without delay.

(5)When the head of an administrative body, etc. creates a personal information file register, they must provide it to the office of that administrative body for public inspection and publication by means of internet use and other information and communication technologies without delay.

(6)The matters prescribed by Cabinet Order under Article 75, paragraph (1) of the Act are as follows:

(i)whether the files are a personal information file related to Article 60, paragraph (2), item (i) of the Act or a personal information file related to item (ii) of that paragraph;

(ii)when there is a personal information file prescribed in the following paragraph with respect to the personal information file related to Article 60, paragraph (2), item (i) of the Act, the fact to that effect.

(7)The personal information file designated by Cabinet Order under Article 75, paragraph (2), item (iii) of the Act is a personal information file related to Article 60, paragraph (2), item (ii) of the Act, whose purpose of use and scope of record are within the purpose of use and scope of record of the personal information file related to Article 60, paragraph (2), item (i) of the Act related to the publication under Article 75, paragraph (1) of the Act.

(Procedures for Identity Verification in Requests for Disclosure)

Article 22 (1)A person who requests disclosure must present or submit a document stated in any of the following items to the head of an administrative body, etc. (when there is an employee delegated pursuant to Article 126 of the Act, to that employee; the same applies in this Article and Article 25, paragraph (1)):

(i)the following, which contains the same name and address or residence of the person requesting disclosure as those described in the written request for disclosure: a driver's license, Individual Number Card as prescribed in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures, a residence card as prescribed in Article 19-3 of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951), a special permanent resident certificate as prescribed in Article 7, paragraph (1) of the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan (Act No. 71 of 1991), or a document delivered pursuant to the provisions of laws or an order based on the law sufficiently verifying the identity of the person requesting disclosure;

(ii)in the event that the documents stated in the preceding item cannot be presented or submitted for compelling reasons, documents deemed appropriate by the head of an administrative body, etc. to verify that the person requesting the disclosure is the identifiable person.

(2)Notwithstanding the provisions of the preceding paragraph, in the event that a request for disclosure is made by sending a written request for disclosure to the head of an administrative body, etc., the person requesting disclosure satisfies the requirement by submitting the following documents to the head of an administrative body, etc.:

(i)a photocopy of any of the documents stated in each item of the preceding paragraph;

(ii)a copy of the person's resident record, or any other document which is deemed appropriate by the head of the administrative body, etc. to indicate the person's identity as described in the document stated in the preceding item, and which is prepared within thirty days before the date of the request for disclosure.

(3)When that an agent makes a request for disclosure, pursuant to Article 76, paragraph (2) of the Act, that agent must present or submit a copy of the family register, a letter of proxy, and any other document certifying their qualification (limited to those which have been prepared within thirty days before the date of the request for disclosure) to the head of an administrative body, etc.

(4)If the agent requesting disclosure loses their qualification before receiving the disclosure of personal information the administrative body holds in connection with the disclosure request, the agent must immediately notify the head of the administrative body, etc. to whom the disclosure request was made to that effect in writing (in the event of a notification under Article 85, paragraph (1) of the Act, to the head of an administrative body, etc. who receives the transfer).

(5)When a notification is made under the provision of the preceding paragraph, the request for disclosure is deemed withdrawn.

(Matters that Can Be Included in a Written Request for Disclosure)

Article 23A written request for disclosure can include the following matters for the method of disclosing personal information the administrative body holds in connection with a request for disclosure (a method prescribed by an administrative body as a method of inspection or issuing copies for personal information the administrative body holds recorded in documents or drawings, and for personal information the administrative body holds recorded in electronic or magnetic records, a method prescribed by the administrative body pursuant to Article 87, paragraph (1) of the Act; the same applies below):

(i)the method of implementing the requested disclosure;

(ii)the preferred date for implementing the disclosure at an office if requesting the implementation of disclosure at an office (disclosure of personal information the administrative body holds using a method other than sending a copy of administrative or similar documents in which personal information the administrative body holds is recorded (simply referred to below as "sending a copy") and using an electronic data processing system (electronic data processing system that connects a computer (including input and output devices; the same applies below in this item) used by an administrative body and a computer used by the receiver of disclosure via electronic telecommunication lines; the same applies in paragraph (1), item (iv) of the following Article); the same applies below);

(iii)in the event of a request for the implementation of disclosure of personal information the administrative body holds by sending a copy, a statement to that effect.

(Matters to be Notified when Making Decisions on Disclosure)

Article 24 (1)The matters specified by Cabinet Order under Article 82, paragraph (1) of the Act are as follows:

(i)a method of implementing the disclosure that can be requested for personal information the administrative body holds in connection with a decision on disclosure;

(ii)the day, time, and place on which disclosure can be carried out at an office, and in the event of a request for the implementation of disclosure at the office, the fact that when a request is made under Article 87, paragraph (3) of the Act, the preferred day should be selected for the disclosure at the office from among the days on which disclosure can be carried out at the office;

(iii)the number of days required for preparation and the cost of sending a copy when the disclosure of personal information the administrative body holds is implemented by sending a copy;

(iv)the number of days required for preparation when the disclosure of personal information the administrative body holds is implemented by using the electronic data processing system, and other matters necessary for the implementation of the disclosure (limited to cases where the administrative body has specified that the disclosure of personal information the administrative body holds can be carried out using the electronic data processing system).

(2)In the event that a written request for disclosure contains the matters stated in the items of the preceding Article, the matters specified by Cabinet Order under Article 82, paragraph (1) of the Act are the matters prescribed in the following items in accordance with the categories stated in those items, notwithstanding the provisions of the preceding paragraph:

(i)in cases where it is possible to disclose personal information the administrative body holds using the method of implementing disclosure described in the written request for disclosure (for disclosure at an office, limited to the case where disclosure can be implemented on personal information the administrative body holds on the preferred day for the implementation of disclosure at the office described in the disclosure request): a statement to that effect and the matters stated in the item of the preceding paragraph;

(ii)in cases other than those stated in the preceding item: the fact to that effect and the matters stated in the items of the preceding paragraph.

(Granting Third Parties the Opportunity to Submit a Written Opinion)

Article 25 (1)Pursuant to Article 86, paragraph (1) or (2) of the Act, when notifying a third party prescribed in paragraph (1) of that Article of the contents of information on that third party, the head of an administrative body, etc. must be careful not to unjustly infringe upon the rights and interests of the identifiable person of the personal information the administrative body holds related to the request for disclosure.

(2)The matters specified by Cabinet Order under Article 86, paragraph (1) of the Act are as follows:

(i)the date of the request for disclosure;

(ii)the destination for the submission of a written opinion and the submission deadline.

(3)The matters specified by Cabinet Order under Article 86, paragraph (2) of the Act are as follows:

(i)the matters stated in the items of the preceding paragraph;

(ii)which of the items of Article 86, paragraph (2) of the Act the matter falls under and its reason.

(Request for Method of Implementing Disclosure)

Article 26 (1)Any request under Article 87, paragraph (3) of the Act must be made in writing.

(2)In the event that a notification was made under Article 82, paragraph (1) of the Act that a case falls under Article 24, paragraph (2), item (i), and when the matters stated in each item of Article 23 are not changed, it is not necessary to make a request prescribed in Article 87, paragraph (3) of the Act.

(3)The matters specified by Cabinet Order under Article 87, paragraph (3) of the Act are as follows:

(i)the method of implementing the disclosure requested (in the event that the implementation of a disclosure is requested using a different method for each part of the personal information the administrative body holds in relation to the decision on disclosure, the fact to that effect and the method of implementing the disclosure for each relevant part);

(ii)in the event of a request for implementation of disclosure of part of the personal information the administrative body holds in connection with the decision on disclosure, the fact to that effect and the relevant part;

(iii)in the case of a request for implementation of disclosure at an office, the preferred day to implement the disclosure at the office;

(iv)in cases of a request for implementation of disclosure of personal information the administrative body holds by sending a copy, a statement to that effect.

(Fees Related to Request for Disclosure)

Article 27 (1)The amount of the fee that must be paid pursuant to Article 89, paragraph (1) of the Act (referred to simply as the "fee" in paragraph (3)) is the amount prescribed in the following items in accordance with the categories stated in those items for each administrative document in which personal information the administrative body holds relating to a request for disclosure is recorded:

(i)in cases other than those stated in the following item: 300 yen;

(ii)in cases where a request for disclosure is made using an electronic data processing system prescribed by Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002) pursuant to that paragraph: 200 yen.

(2)When a person requesting disclosure makes a single request for the disclosure of personal information the administrative body holds that is recorded in multiple administrative documents that fall under one of the following items, the multiple administrative documents are deemed to be a single administrative document for the application of the provisions referred to in the preceding paragraph:

(i)multiple administrative documents summarized in one administrative document file (an administrative document file as prescribed in Article 13, paragraph (2), item (i) of the Order for Enforcement of the Act on Access to Information Held by Administrative Organs (Cabinet Order No. 41 of 2000));

(ii)in addition to those stated in the preceding item, multiple, closely related administrative documents.

(3)The fee must be paid on a written request for disclosure with a revenue stamp, except in the following cases:

(i)when the fee is paid at the administrative body, bureau or body stated below:

(a)the Japan Patent Office;

(b)a bureau or body whose head is an employee who has been delegated under Article 126 of the Act, and for which the employee has made public in the official gazette that it is not appropriate to pay the fee with a revenue stamp.

(ii)when the head of an administrative body (when there is an employee who has been delegated pursuant to Article 126 of the Act, that employee; the same applies in paragraph (1) of the following Article) makes public in the official gazette the fact that it is possible to pay the fee in cash at the office of an administrative body or that bureau or body (excluding those stated in the preceding items (a) and (b)), and the address of that office, and when the fee is paid in cash at that office.

(Request for Sending Copies)

Article 28 (1)A person who receives the disclosure of personal information the administrative body holds pursuant to a decision on disclosure made by the head of the administrative body may request a copy of the administrative document containing the personal information the administrative body holds be sent by paying the cost necessary for sending it. In this case, the costs necessary for sending the document must be paid in accordance with the method provided for in Rules of the Personal Information Protection Commission.

(2)A person who receives the disclosure of personal information the administrative body holds pursuant to a decision on disclosure made by an incorporated administrative agency, etc. may request a copy of the corporate document containing the personal information the administrative body holds be sent by paying the cost necessary for sending the document as provided for by the incorporated administrative agency, etc.

(3)An incorporated administrative agency, etc. must make what is specified under the provisions of the preceding paragraph available for public inspection.

(4)A person who receives the disclosure of personal information the administrative body holds pursuant to a decision on disclosure made by a local government body may request a copy of the local government documents containing the personal information the administrative body holds to be sent by paying the cost necessary for sending them. In this case, the costs necessary for sending the documents must be paid in accordance with the method provided for in the provisions of the local government.

(5)A person who receives the disclosure of personal information the administrative body holds pursuant to a disclosure decision made by a local incorporated administrative agency may request a copy of the local government documents containing the personal information the administrative body holds be sent by paying the cost necessary for sending the documents as provided for by the local incorporated administrative agency.

(6)A local incorporated administrative agency must make what is specified under the provisions of the preceding paragraph available for public inspection.

(Mutatis Mutandis Application of the Provisions Related to Procedures for Identity Verification in Requests for Disclosure Relating to Requests for Correction)

Article 29The provisions of Article 22 (excluding paragraphs (4) and (5)) apply mutatis mutandis to the procedures for identity verification in requests for correction and request for suspension of use. In this case, "Article 76, paragraph (2)" in paragraph (3) of that Article is deemed to be replaced with "Article 90, paragraph (2)" for requests for correction and "Article 98, paragraph (2)" for request for suspension of use.

(Replacement of Terms in Provisions of the Order for Enforcement of the Administrative Complaint Review Act)

Article 30With regard to the application of the provisions of the Order for Enforcement of the Administrative Complaint Review Act (Cabinet Order No. 391 of 2015), when the provisions of the Administrative Complaint Review Act (Act No.68 of 2014) apply to an appeal for review referred to in Article 106, paragraph (1) of the Act pursuant to that Article, the terms and phrases stated in the middle column of the following table that appear in the provisions of the Order stated in the left-hand column of that table are deemed to be replaced with the corresponding terms and phrases stated in the right-hand column of that table.

Article 3, paragraph (2)	the reviewing agency (when a review officer has been nominated, the review officer until the procedures for proceedings are concluded)	the reviewing agency
Article 5	the main clause of Article 29, paragraph (1) of the Act	the main clause of Article 29, paragraph (1) of the Act as applied pursuant to Article 106, paragraph (2) of the Act on the Protection of Personal Information (Act No. 57 of 2003; referred to below as "Personal Information Protection Act") following the deemed replacement of terms
Article6, paragraph (1)	the written explanation	The written explanation submitted or prepared pursuant to the provisions of Article 29, paragraph (2) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms is to be its original and duplicates
Article6, paragraph (1)	, must be submitted	[Deleted]
Article 6, paragraph (2)	Article 29, paragraph (5)	Article 29, paragraph (5) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms
Article 7, paragraph (1)	Concerning a written counterargument,	A written counterargument submitted pursuant to Article 30, paragraph (1) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms is to be
	the number of the intervenors and the administrative agency, etc. reaching the disposition	the number of the intervenors and the administrative agency, etc. reaching the disposition (when the administrative agency reaching the disposition, etc. falls under the reviewing agency, the number of the intervenors)
	prescribed in Article 30, paragraph (2) of the Act,	and a written opinion submitted pursuant to the provisions of Article 30, paragraph (2) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms (referred to below as a "written opinion" in this Article and Article 15) is to be
	the number of the requestors for review and the administrative agency, etc. reaching the disposition	the number of the requestors for review and the administrative agency, etc. reaching the disposition (when the administrative agency, etc. reaching the disposition falls under the reviewing agency, the number of the requestors for review)
	must be submitted	[Deleted]
Article 7, paragraph (2)	Article 30, paragraph (3) of the Act	Article 30, paragraph (3) of the Act as applied pursuant to the Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms
Article 8	a review officer	the reviewing agency
Article 8	there is a the person concerned with proceedings	there is a the person concerned with proceedings (when the administrative agency, etc. reaching the disposition falls under the reviewing agency, the requestors for review and the intervenors; the same applies below in this Article)
Article 9	a review officer	the reviewing agency
Article 9	Article 37, paragraph (2) of the Act	Article 37, paragraph (2) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms
Article 10, Article 11 and Article 14, paragraph (1)	Article 38, paragraph (1) of the Act	Article 38, paragraph (1) of the Act as applied pursuant to Article 106, paragraph (2) of the Personal Information Protection Act following the deemed replacement of terms

(Fees Related to the Use of Anonymized Personal Information an Administrative Body Holds)

Article 31 (1)The amount of fees that must be paid pursuant to Article 119, paragraph (1) of the Act is 21,000 yen plus the total of the following amounts:

(i)3,950 yen per hour for the time necessary for preparing anonymized personal information the administrative body, etc. holds;

(ii)the amount paid to a person who has been entrusted the duty of preparing anonymized personal information the administrative body holds (limited to the case of the entrustment).

(2)The amount of fees that must be paid pursuant to Article 119, paragraph (2) of the Act is the amount prescribed in the following items in accordance with the category of the person who concludes a contract for the use of anonymized personal information the administrative body, etc. holds as stated in those items:

(i)a person other than those persons stated in the following item: The amount equal to the amount of fees that a person who concludes the contract for the use of the anonymized personal information the administrative body, etc. holds pursuant to Article 115 of the Act must pay pursuant to Article 119, paragraph (1) of the Act;

(ii)a person who has concluded the contract for the use of the anonymized personal information the administrative body, etc. holds pursuant to Article 115 of the Act (including cases where applied mutatis mutandis in Article 118, paragraph (2) of the Act): 12,600 yen.

(3)The fees referred to in the preceding two paragraphs (referred to below simply as the "fees" in this paragraph) must be paid by affixing a revenue stamp on a written document prescribed by Rules of the Personal Information Protection Commission, except in cases where the fees are paid at the following administrative bodies or bureaus or bodies:

(i)the Japan Patent Office;

(ii)a bureau or body whose head is an employee who has been delegated under Article 126 of the Act, and for which the employee has made public in the official gazette that it is not appropriate to pay the fees with a revenue stamp.

(4)The amount of fees specified in the Cabinet Order under Article 119, paragraph (3) of the Act is the amount prescribed in paragraph (1).

(5)The amount of fees specified by the Cabinet Order under Article 119, paragraph (4) of the Act in consideration of the amount specified by the Cabinet Order under paragraph (3) of that Article is the amount prescribed in paragraph (2).

(Delegation of Authority or Affairs)

Article 32 (1)The head of an administrative body (excluding persons prescribed in Article 18) may delegate the authority or processes which fall under its jurisdiction among those prescribed in Chapter V, Sections 2 through 5 of the Act (excluding Article 74 and Section 4, Subsection 4 of that Chapter of the Act) to the following persons: the Director-General of the Cabinet Affairs Office; Secretary General for Infectious Disease Crisis Management; the Secretary General of the National Security Secretariat; the Assistant Chief Cabinet Secretary or the head of the National Center of Incident Readiness and Strategy for Cybersecurity; the Cabinet Secretary for Public Affairs; the Director of Cabinet Intelligence or the head of the Cabinet Bureau of Personnel Affairs or the Director General for Personnel Policy; the head of a secretariat, a bureau or a department referred to in Article 17 or Article 53 of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999); the position referred to in Article 17, paragraph (1) or Article 62, paragraph (1) or (2) of that Act; the head of a meeting relating to important policies referred to in Article 18 of that Act; the head of a council, etc. or its secretariat referred to in Article 37 or 54 of that Act; the head of a body such as a facility referred to in Article 39 or 55 of that Act; the head of a special body or its secretariat referred to in Article 40 or 56 of that Act (including cases where applied mutatis mutandis in Article 18, paragraph (1) of the Imperial Household Agency Act (Act No. 70 of 1947)); the head of a local branch bureau referred to in Article 43 or 57 of the Act for Establishment of the Cabinet Office (including cases where applied mutatis mutandis in Article 18, paragraph (1) of the Imperial Household Agency Act); the head of a commission's executive office or its secretariat or department referred to in Article 52 of the Act for Establishment of the Cabinet Office; the head of a commission's general secretariat or its secretariat, bureau, department or local office or its branch referred to in that Article; the head of the Commissioner General's Secretariat, the Board of the Chamberlains, etc. or a department referred to in Article 3 of the Imperial Household Agency Act; the position referred to in Article 14, paragraph (1) of that Act; the head of a body or its secretariat referred to in Article 16, paragraph (1) of that Act; the head of a body referred to in paragraph (2) of that Article or the head of a local branch bureau referred to in Article 17 of that Act; the position referred to in Article 13, paragraph (1) of the Act on the Establishment of the Digital Agency (Act No. 36 of 2021) or the head of a secretariat, bureau or department referred to in Article 7 of the National Government Organization Act (Act No. 120 of 1948); the head of a commission's executive office or its secretariat or department referred to in that Article; the head of a commission's general executive office in that Article; the head of a council, etc. or its secretariat referred to in Article 8 of that Act; the head of a body such as a facility referred to in Article 8-2 of that Act; the head of a special body or its secretariat referred to in Article 8-3 of that Act; the head of a local branch bureau referred to in Article 9 of that Act or the position referred to in Article 20, paragraph (1) or (2) of that Act.

(2)The Commissioner General of the National Police Agency may delegate the authority or affairs which fall under its jurisdiction among those prescribed in Chapter V, Section 2 through Section 5 of the Act (excluding Article 74 and Section 4, Subsection 4 of that Chapter of the Act) to the head of the Commissioner General's Secretariat or the head of a bureau referred to in Article 19, paragraph (1) of the Police Act (Act No. 162 of 1954); to the head of a department referred to in paragraph (2) of that Article; to the head of an affiliated body referred to in Article 27, paragraph (1), Article 28, paragraph (1), or Article 29, paragraph (1) of that Act; or to the head of a local organization referred to in Article 30, paragraph (1) or Article 33, paragraph (1) of that Act.

(3)When attempting to delegate authority or affairs pursuant to the provisions of the preceding two paragraphs to an employee, the head of an administrative body must make public in the official gazette, the government position of the employee being delegated, the authority or affairs being delegated, and the date on which the delegation comes into effect.

Chapter IV The Personal Information Protection Commission

(Circumstances when Delegating Authority)

Article 33The circumstances prescribed by Cabinet Order under Article 150, paragraph (1) of the Act are those that fall under any of the following items:

(i)it is necessary to ensure the proper handling of personal or other related information urgently and in a focused manner;

(ii)in addition to the preceding item, it is necessary to make special use of the expertise held by the competent minister for the place of business to effectively and efficiently ensure the proper handling of personal or other related information.

(Delegation of Authority to Competent Minister for the Place of Business)

Article 34 (1)When delegating authority under Article 26, paragraph (1) of the Act, Article 146, paragraph (1) of the Act, Article 99, Article 101, Article 103, Article 105, Article 106, Article 108 or Article 109 of the Code of Civil Procedure (Act No. 109 of 1996) as applied mutatis mutandis pursuant to Article 162 of the Act following the deemed replacement of terms, or Article 163 of the Act or Article 164 of the Act, pursuant to Article 150, paragraph (1) of the Act, the Personal Information Protection Commission is to delegate the authority to the competent minister for the place of business by deciding a scope of affairs to be delegated and an applicable period for delegation provided, however, that this does not preclude the Personal Information Protection Commission from solely exercising their authority.

(2)The Personal Information Protection Commission must consult in advance with a competent minister for the place of business when deciding on the scope of processes to be delegated and an applicable period for delegation pursuant to the provisions of the preceding paragraph.

(3)The Personal Information Protection Commission must announce to the public a competent minister for the place of business to whom the authority is delegated, a scope of affairs to be delegated, and an applicable period for delegation, when delegating an authority pursuant to paragraph (1).

(Report on the Results of an Exercised Authority)

Article 35 (1)A report under Article 150, paragraph (2) of the Act is to be made every time the period specified by the Personal Information Protection Commission has elapsed within the period referred to in paragraph (1) of the preceding Article (or immediately, when it has been recognized that a business handling personal information, etc. has committed an act in violation of the provisions under Chapter IV, Section 2 through Section 4 of the Act, or when the business operator handling personal or other related information has exercised the authority under Article 26, paragraph (1) of the Act) in a written document which states or records a matter stated in the following items concerning the results of the exercise of authority during the period in accordance with the categories stated in each of those items:

(i)in the case that authority is exercised under Article 26, paragraph (1) of the Act: the content of the report and other matters that serve as a reference;

(ii)in the case that authority is exercised under Article 146, paragraph (1) of the Act: the facts revealed due to the results of a request for the submission of a report or a document, or the results of an on-site inspection, and other matters that serve as a reference;

(iii)in the case that authority is exercised under Article 99, Article 101, Article 103, Article 105, Article 106, Article 108 or Article 109 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 162 of the Act following the deemed replacement of terms, or Article 163 of the Act or Article 164 of the Act: the results and other matters that serve as reference.

(2)The Personal Information Protection Commission must consult with the competent minister for the place of business in advance when it intends to establish a period of reporting pursuant to the provisions of the preceding paragraph.

(Delegation of Authority to the Head of a Local Branch Bureau)

Article 36 (1)The competent minister for the place of business may delegate authority delegated pursuant to Article 150, paragraph (1) of the Act and authority under paragraph (2) of that Article to the head of an agency referred to in Article 49, paragraph (1) of the Act for Establishment of the Cabinet Office (excluding the Commissioner of the Financial Services Agency; the same applies below in this Article), the head of an agency referred to in Article 3, paragraph (2) of the National Government Organization Act, or the Commissioner General of the National Police Agency.

(2)The competent minister for the place of business (in the event that authority has been delegated to the head of an agency under Article 49, paragraph (1) of the Act for Establishment of the Cabinet Office or the head of an agency referred to in Article 3, paragraph (2) of the National Government Organization Act pursuant to the preceding paragraph: the head of that agency) may delegate authority delegated pursuant to Article 150, paragraph (1) of the Act (in the relevant case: authority delegated pursuant to the preceding paragraph (excluding authority under paragraph (2) of that Article)) to the head of a secretariat, a bureau, or a department under Article 17 or Article 53 of the Act for Establishment of the Cabinet Office; to the position referred to in Article 17, paragraph (1) or Article 62, paragraph (1) or paragraph (2) of that Act; or to the head of a local branch bureau referred to in Article 43 or Article 57 of that Act; to the position referred to in Article 13, paragraph (1) of the Act on the Establishment of the Digital Agency; or to the head of a secretariat, a bureau, or a department referred to in Article 7 of the National Government Organization Act; to the head of a local branch bureau referred to in Article 9 of that Act; or to the position referred to in Article 20, paragraph (1) or paragraph (2) of that Act.

(3)The Commissioner General of the National Police Agency may delegate authority delegated pursuant to paragraph (1) (excluding authority under Article 150, paragraph (2) of the Act) to the head of the Commissioner General's Secretariat or a bureau referred to in Article 19, paragraph (1) of the Police Act, a department referred to in paragraph (2) of that Article or a regional institution referred to in Article 30, paragraph (1) of that Act.

(4)The competent minister for the place of business, the head of an agency referred to in Article 49, paragraph (1) of the Act for Establishment of the Cabinet Office, the head of an agency referred to in Article 3, paragraph (2) of the National Government Organization Act, or the Commissioner General of the National Police Agency must, when delegating authority pursuant to the provisions of the preceding three paragraphs, announce to the public the governmental position of an employee granted delegation, the scope of administrative affairs subject to the delegation and the applicable period of the delegation.

(Delegation of an Authority to the Securities and Exchange Surveillance Commission)

Article 37 (1)The Commissioner of the Financial Services Agency delegates authority delegated pursuant to Article 150, paragraph (4) of the Act (excluding authority under paragraph (2) of the Article and limited to those matters belonging to the authority of the Securities and Exchange Surveillance Commission pursuant to the provisions of the Financial Instruments and Exchange Act (Act No.25 of 1948), the Act on Investment Trusts and Investment Corporations (Act No.198 of 1951), the Act on the Securitization of Assets (Act No.105 of 1998), the Act on Provision of Financial Services (Act No. 101 of 2000), and the Act on Book-Entry Transfer of Corporate Bonds and Shares (Act No. 75 of 2001)) to the Securities and Exchange Surveillance Commission; provided, however, this does not preclude the Commissioner of the Financial Services Agency from solely exercising the authority.

(2)The Securities and Exchange Surveillance Commission must, when having exercised authority delegated pursuant to the provisions of the preceding paragraph, promptly report the results to the Commissioner of the Financial Services Agency.

(Delegation of Authority to a Director-General of a Local Finance Bureau)

Article 38 (1)The Commissioner of the Financial Services Agency delegates authority delegated pursuant to Article 150, paragraph (4) of the Act (excluding the authority under paragraph (2) of the Article and the authority delegated to the Securities and Exchange Surveillance Commission pursuant to paragraph (5) of the Article) to a Director-General of a Local Finance Bureau which has jurisdiction over the location of a principal office or place of business (referred to below as a "principal office, etc." in the following paragraph and paragraph (1) of the following Article) of a business handling personal information, etc. (or the Director-General of the Fukuoka Local Finance Branch Bureau in cases where the relevant location is in the jurisdictional district of the Fukuoka Local Finance Branch Bureau); provided, however, this does not preclude the Commissioner of the Financial Services Agency from solely exercising the authority.

(2)Authority delegated pursuant to the preceding paragraph and related to offices other than a principal office, etc. (referred to below as a "secondary office, etc." in this paragraph and paragraph (2) of the following Article) of a business handling personal information, etc. may be exercised by a Director-General of a Local Finance Bureau or the Director-General of the Fukuoka Local Finance Branch Bureau prescribed in the preceding paragraph, as well as by a Director-General of a Local Finance Bureau which has jurisdiction over the location of the secondary office, etc. (or the Director-General of the Fukuoka Local Finance Branch Bureau in cases where the relevant location is in the jurisdictional district of the Fukuoka Local Finance Branch Bureau).

Article 39 (1)The Securities and Exchange Surveillance Commission delegates authority delegated pursuant to Article 150, paragraph (5) of the Act to a Director-General of a Local Finance Bureau which has jurisdiction over the location of the principal office, etc. of a business handling personal information, etc. (or the Director-General of the Fukuoka Local Finance Branch Bureau in cases where the relevant location is in the jurisdictional district of the Fukuoka Local Finance Branch Bureau); provided, however, this does not preclude the Securities and Exchange Surveillance Commission from solely exercising the authority.

(2)Authority delegated pursuant to the provisions of the preceding paragraph and related to a secondary office, etc. of a business handling personal information, etc. may be exercised by a Director-General of a Local Finance Bureau or by the Director-General of the Fukuoka Local Finance Branch Bureau as prescribed in that paragraph, as well as a Director-General of a Local Finance Bureau which has jurisdiction over the location of the secondary office, etc. (or the Director-General of the Fukuoka Local Finance Branch Bureau in cases where the relevant location is in the jurisdictional district of the Fukuoka Local Finance Branch Bureau).

(Administrative Affairs Handled by a Head of a Local Government, etc.)

Article 40 (1)Administrative affairs falling under the authority of the Personal Information Protection Commission under Article 26, paragraph (1) of the Act, Article 146, paragraph (1) of the Act, Article 99, Article 101, Article 103, Article 105, Article 106, Article 108 and Article 109 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 162 of the Act following the deemed replacement of terms, Article 163 of the Act and Article 164 of the Act (referred to below as "inspection-related affairs" in this Article) are to be handled by the head of a local government or other enforcement agency (referred to below as a "head of a local government, etc." in this Article) in the case where the relevant authority has been delegated to the competent minister for the place of business pursuant to Article 150, paragraph (1) or to a Commissioner of the Financial Services Agency pursuant to paragraph (4) of that Article, and when all or part of the administrative affairs belonging to an authority related to collecting a report or conducting an inspection in connection with the business which a business handling personal information, etc. performs and which the relevant business jurisdictional minister or the relevant Commissioner of the Financial Services Agency have jurisdiction over is to be conducted by the head of a local government, etc. pursuant to the provisions of other laws and regulations. In such case, if there are two or more head of a local government, etc. that are to handle the relevant affairs, none of them is precluded from solely handling the inspection-related affairs.

(2)The provisions of the preceding paragraph do not preclude a competent minister for the place of business or a Commissioner of the Financial Services Agency from solely conducting the inspection-related affairs.

(3)A head of a local government, etc. having conducted inspection-related affairs pursuant to paragraph (1) must report to the Personal Information Protection Commission through a competent minister for the place of business or a Commissioner of the Financial Services Agency every time a period specified by the Personal Information Protection Commission pursuant to Article 35, paragraph (1) has elapsed (or immediately, when it has been recognized that a business handling personal or other related information has committed an act in violation of the provisions under Chapter IV, Section 2 through Section 4 of the Act or when the business operator handling personal or other related information has exercised the authority under Article 26, paragraph (1) of the Act) in a written document which states or records a matter stated in the items of Article 35, paragraph (1) concerning the results of the inspection-related affairs conducted during that term in accordance with the categories stated in those items:

(4)In the case where a head of a local government, etc. conducts inspection-related affairs pursuant to paragraph (1), the provisions relating to the Personal Information Protection Commission concerning the inspection-related affairs in the Act apply to the head of a local government, etc. as provisions relating to the head of a local government, etc.