JAPAN Trends and Developments Contributed by: Yuki Kuroda, Takuya Uehara and Nanoko Sasaki, Oh-Ebashi LPC & Partners
Conclusion As mentioned earlier, the PPC is still discussing the issues described in the Interim Report, its Views on Institutional Issues, the Policy on Institutional Amend - ments and other documents, and it is uncertain when and how such discussions will conclude and be imple - mented in a concrete manner. Businesses processing personal data in Japan should continue to pay close attention to the developments of this ongoing triennial review process.
mendations and orders issued by the PPC, as well as criminal penalties. Specifically, the PPC is considering allowing the issu - ance of orders, which under the current APPI may be issued only when a business has violated the PPC’s recommendations or individual rights and interests have been actually infringed, even when no recom - mendation has been issued, and individual rights and interests have not yet been infringed but are in immi - nent danger of being infringed. The PPC is also considering allowing the issuance of recommendations or orders that recommend or require a business to take measures necessary to protect data subjects’ rights and interests, including notifying the data subjects or publishing the fact that the business had violated the APPI. On the other hand, while the Interim Report had sug - gested that the PPC was considering introducing injunctive relief and damage recovery systems through qualified consumer organisations, which might have been another means to ensure effective compliance of the APPI through new systems where consumer organisations may seek injunctive relief against busi - nesses’ acts that violate the APPI or seek collec - tive recovery through the courts for moral damages caused due to businesses’ negligent data breaches, the Policy on Institutional Amendments does not refer to such systems. It seems that the PPC does not con - sider the introduction of such systems to be among its highest priorities.
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