JAPAN Law and Practice Contributed by: Junichi Ueda, Etsuko Hara, Nobuto Shirane, Takahiro Hayase, Yutaka Shimoo and Miki Goto, Anderson Mori & Tomotsune
poses their personal data was used for, grant access to it, correct or delete it, or take other appropriate measures (Articles 32 to 39 of the APPI). 8.2 Geographical Scope The APPI regulates the processing of personal information by information handlers in Japan. Foreign companies doing business in Japan must therefore comply with the APPI when they process personal information. In principle, the APPI does not apply to the pro - cessing of personal information outside Japan. However, if a foreign company that does not have an office in Japan processes personal information of a data subject in Japan in rela - tion to sales of goods or provision of services to individuals or entities in Japan, the foreign com - pany is required to comply with the APPI even if personal information of that data subject is pro - cessed outside Japan (Article 171 of the APPI). 8.3 Role and Authority of the Data Protection Agency The PPC is the primary authority with over - sight over the APPI. The PPC is an independ - ent administrative commission that ranks at a national administrative level similar to that of the JFTC and the National Public Safety Commis - sion. The PPC is composed of a chairperson and eight members, as well as a secretariat.
An information handler must notify the PPC about data incidents. The PPC can request a report from an information handler or conduct an on-site inspection, if necessary, for compliance with the APPI. If an information handler breach - es the provisions of the APPI, the PPC will first advise the information handler to cease or cor - rect the violation. If this advice is not followed, the PPC will then issue a formal order to take the action requested in the earlier advice if the viola - tion of important individual rights is imminent. An information handler who fails to comply with the formal order may be subject to a fine of up to JPY1 million and/or a prison sentence of up to one year (in the case of an individual) and to a fine of up to JPY100 million (in the case of a cor - poration) (Articles 148, 178 and 184 of the APPI). 9. Looking Forward 9.1 Upcoming Legal Reforms No information provided in this jurisdiction.
419 CHAMBERS.COM
Powered by FlippingBook