<5461726F2D8CC2906C8FEE95F182CC95DB8CEC82C98AD682B782E9964097A5>

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この個人情報の保護に関する法律の翻訳は、平成十五年法律第百十九号までの改正（平

成１７年４月１日施行）について「法令用語日英標準対訳辞書（平成１８年３月版）に、」

準拠して作成したものです。

なお、この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自

体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴っ

て発生した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官

報に掲載された日本語の法令を参照してください。

This English translation of the Act on the Protection of Personal Information has been translated

through the revisions of Act No. 119 of 2003 Effective April 1, 2005 in compliance with the(())

Standard Bilingual Dictionary March 2006 edition .()

This is an unofficial translation. Only the originalJapanesetextsoflawsandregulationshave

legal effect, and the translations are to be used solely as reference material to ai d in the

understanding of Japanese laws and regulations.

The Government of Japan shall not be responsible for the accuracy, reliability or currency of the

legislative material provided in this Website, or for any consequence resulting from use of the

information in this Website. For all purposes of interpreting and applying law to any legal issue or

dispute, users should consult the original Japanese texts published in the Official Gazette.

Act on the Protection of Personal Information Act No. 57 of(

)2003

Chapter 1 General Provisions

()Article 1 Purpose

The purpose of this Act is to protect the rights and interests of individuals while

taking consideration of the usefulness of personal information, in view of a

remarkable increase in the utilization of personal information due to development of

the advanced information and communications society, by clarifying the

responsibilities of the State and local governments, etc. with laying down basic

principle, establishment of a basic policy by the Government and the matters to

serve as a basis for other measures on the protection of personal information, and by

prescribing the duties to be observed by entities handling personal information, etc.,

regarding the proper handling of personal information.

()Article 2 Definitions

1 The term "personal information" as used in this Act shall mean information()

about a living individual which can identify the specific individual by name, date

of birth or other description contained in such information including such(

information as will allow easy reference to other information and will thereby

enable the identification of the specific individual .)

2 The term "a personal information database, etc." as used in this Act shall mean()

an assembly of information including personal information as set forth below:

i an assembly of information systematically arrang ed in such a way that()

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specific personal information can be retrieved by a computer; or

ii in addition to what is listed in the preceding item, an assembly of()

information designated by a Cabinet Order as being systematically arranged in

such a way that specific personal information can be easily retrieved.

3 The term "a business operator handling personal information" as used in this()

Act shall mean a business o perator using a personal information database, etc. for

its business; however, the following entities shall be excluded;

i The State organs()

ii Local governments()

iii Incorporated administrative agencies, etc. which means independent() (

administrative agencies as provided in paragraph 1 of Article 2 of the Act on the

Protection of Personal Information Held by Incorporated Administrative

())Agencies, etc. Act No. 59 of 2003; the same shall apply hereinafter

iv Local independent administrative institutions which means local() (

incorporated administrative agencies as provided in paragraph 1 of Article 2 of

the Local Incorporated Administrative Agencies Law. Act No. 118 of 2003; the(

))same shall apply hereinafter

v Entities specified by a Cabinet Order as having a little likelihood to harm()

the rights and interests of individuals considering the volume and the manner of

utilization of personal information they handle.

4 The term "personal data" as used in this Act shall mean personal information()

constituting a personal information database, etc.

5 The term "retained personal data" as used in this Act shall mean such personal()

data over which a business operator handling personal information has the

authority to disclose, to correct, add or delete the content, to discontinue its

utilization, to erase, and to discontinue its prov ision to a third party, excluding the

data which is specified by a Cabinet Order as harming public or other interests if

its presence or absence is known and the data which will be erased within a period

of no longer than one year that is specified by a Cabinet Order.

6 The term "person" as to personal information as used in this Act shall mean a()

specific individual identified by personal information.

()Article 3 Basic Principle

In view of the fact that personal information should be handled cautiously under

the philosophy of respecting the personalities of individuals, proper handling of

personal information shall be promoted.

Chapter 2 Responsibilities of the Stat e and Local governments, etc.

()Article 4 Responsibilities of the State

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The State shall be responsible for comprehensively formulating and implementing

measures necessary for ensuring the proper handling of personal information in

conformity with the purport of this Act.

()Article 5 Responsibilities of Local governments

Local governments shall be responsible for formulating and implementing the

measures necessary for ensuring the proper handling of personal information

according to the characteristics of their area in conformity with the purport of this

Act.

()Article 6 Legislative Measures, etc.

The Government shall take necessary legislative and other measures to ensure

that special measures will be taken for the protection of the personal information

which especially needs to be ensured the strict implementation of its proper handling

for the further protection of the rights and interests of individuals in view of the

nature and the method of utilization of the personal information.

Chapter 3 Measures for the Protection of Personal Information, etc.

Section 1 Basic Policy on the Protection of Personal Information

Article 7

1 The Government shall establish a basic policy on the protection of personal()

information hereinafter referred to as "Basic Policy" in order to ensure the()

comprehensive and integrated promotion of measures for the protection of personal

information.

2 The Basic Policy shall cover the following matters:()

i The basic direction concerning the promotion of measures for the protection()

of personal information

ii Matters concerning the measures for the protection of personal information()

to be taken by the State

iii Basic matters concerning the measures for the protection of personal()

information to be taken by local governments

iv Basic matters concerning the measures for the protection of personal()

information to be taken by incorporated administrative agencies, etc.

v Basic matters concerning the measures for the protection of personal()

information to be taken by local incorporated administrative agencies.

vi Basic matt er s concerning the measures for the protection of personal()

information to be taken by entities handling personal information and

authorized personal information protection organizations provided in paragraph

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1 of Article 40

vii Matters concerning the smooth processing of complaints about the handling()

of personal information

viii Other important matters concerning the promotion of measures for the()

protection of personal information

3 The Prime M inister shall prepare a draft of the Basic Policy, consulting the()

Quality of Life Council, and seek a cabinet decision.

4 When a cabinet decision is made under the preceding paragraph, the Prime()

Minister shall publicly announce the Basic Policy without delay.

5 The provisions of the preceding two paragraphs shall apply mutatis mutandis to()

amendments to the Basic Policy.

Section 2 Measures of the State

()Article 8 Support to Local Governments and Others

In order to support the measures for the protection of personal information

formulated or implemented by local governments and the activities performed by

citizens, entities, and others to ensure the proper handling of personal information,

the State shall provide information, formulate guidelines to ensure t he appropriate

and effective implementation of measures to be taken by entities and others, and

take any other necessary measures.

()Article 9 Measures for the Processing of Complaints

The State shall take necessary measures to ensure the appropriate, prompt

processing of complaints arising between a business operator and a person about the

handling of personal information concerning the person.

()Article 10 Measures to Ensure Proper Handling of Personal Information

Through the appropriate division of roles between the State and local

governments, the State shall take necessary measures to ensure the proper handling

of personal information by entities handling personal information provided in the

next chapter.

Section 3 Measures of Local Governments

Protection of Personal Information Held by Local Governments andArticle 11 (

)Others

1 A local government shall endeavor to take necessary measures in order to()

ensure the proper handling of the personal information it holds in consideration of

the nature of the personal information, the purpose of holding the personal

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information concerned, and other factors.

2 A local government shall endeavor to take necessary measures for local()

incorporated administrative agencies established by it in order to ensure the

proper handling of the personal information they hold in accordance with the

nature and affairs of them.

()Article 12 Support to Entities and Others in the Area

In order to ensure the proper handling of personal information, a local government

shall endeavor to take necessary measures for supporting entities and residents in

its area.

()Article 13 Mediation for the Processing of Complaints, etc.

In order to e nsure that any complaint arising between a business o perator and a

person about the handling of personal information will be handled appropriately and

promptly, a local government shall endeavor to mediate the processing of complaints

and take other necessary measures.

Section 4 Cooperation be tween the State and Local governments

Article 14

The State and local governments shall cooperate in taking measures for the

protection of personal information.

Chapter 4 Duties of Entities Handling Personal Information, etc.

Section 1 Duties of Entities Handling Personal Information

()Article 15 Specification of the Purpose of Utilization

1 When handling personal information, a business operator handling personal()

information shall specify the purpose of utilization of personal information

hereinafter referred to as "Purpose of U tilization" as much as possible.()

2 A business operator handling personal information shall not change the Purpose()

of Utilization beyond the scope which is reasonably considered that the Purpose of

Utilization after the change is duly related to that before the change.

()Article 16 Restriction by the Purpose of Utilization

1 A business o perator handling personal information shall not handle personal()

information about a person, without obtaining the prior consent of the person,

beyond the scope necessary for the achievement of the Purpose of Utilization

specified pursuant to the provision of the preceding article.

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2 When a business operator handling personal information has acquired personal()

information as a result of taking over the business of another business operator

handling personal information in a merger or otherwise, the acquiring business

operator shall not handle the personal i nformation concerned, without obtaining

the prior consent of the persons, beyond the scope necessary for the achievement of

the Purpose of Utilization of the personal information concerned before the

succession.

3 The provisions of the preceding two paragraphs shall not apply to the following()

cases:

i Cases in which the handling of personal information is based on laws and()

regulations

ii Cases in which the handling of personal information is necessary for the()

protection of the life, body, or property of an individual and in which it is

difficult to obtain the consent of the person

iii Cases in which the handling of personal information is specially necessary()

for improving public health or promoting the sound growth of children and in

which it is difficult to obtain the consent of the person

iv Cases in which the handling of personal information is necessary for()

cooperating with a state organ, a local government, or an individual or a

business operator entrusted by either of the former two in executing the affairs

prescribed by laws and regulations and in which obtaining the consent of the

person is likely to impede the execution of the affairs concerned

()Article 17 Proper Acquisition

A business operator handling personal information shall not acquire personal

information by a deception or other wrongful means.

()Article 18 Notice of the Purpose of Utilization at the Time of Acquisition, etc.

1 When having acquired personal information, a business operator handling()

personal information shall, except in cases in which the Purpose of Utilization has

already been publicly announced, promptly notify the person of the Purpose of

Utilization or publicly announce the Purpose of U tilization.

2 Notwithstanding the provision of the preceding paragraph, when a business()

operator handling personal information acquires such personal information on a

person as is written in a contract or other document including a record made by(

an electronic method, a magnetic method, or any other method not recognizable to

human senses. hereinafter the same shall apply in this paragraph. as a result of)

concluding a contract with the person or acquires such personal information on a

person as is written in a document directly from the person, the business operator

shall e xpressly show the Purpose of Utilization in advance. However, this

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provision shall not apply in cases in which the acquisition of personal information

is urgently required for the protection of the life, body, or property of an

individual.

3 When a business operator handling personal information has changed the()

Purpose of Utilization, the business operator shall notify the person of the changed

Purpose of Utilization or publicly announce it.

4 The provisions of the preceding three paragraphs shall not apply to the following()

cases:

i Cases in which notifying the person of the Purpose of Utilization or publicly()

announcing it are likely to harm the life, body, property, or other rights or

interests of the person or a third party

ii Cases in which notifying the person of the Purpose of Utilization or publicly()

announcing it are likely to harm the rights or legitimate interests of the

business operator handling personal information

iii Cases in which it is necessary to cooperate with a state organ or a local()

government in executing the affairs prescribed by laws and regulations and in

which notifying the person of the Purpose of Utilization or publicly announcing

it are likely to impede the execution of the affairs

iv Cases in which it is considered that the Purpose of Utilization is clear in()

consideration of the circumstances of the acquisit ion

()Article 19 Maintenance of the Accuracy of Data

A business operator handling personal information shall endeavor to maintain

personal data accurate and up to date within the scope necessary for the

achievement of the Purpose of Utilization.

()Article 20 Security Control Measures

A business operator handling personal information shall take necessary and

proper measures for the prevention of leakage, loss, or damage, and for other

security control of the personal data.

()Article 21 Supervision of Employees

When a business operator handling personal information has an employee handle

personal data, it shall exercise necessary and appropriate supervision over the

employee to ensure the security control of the personal data.

()Article 22 Supervision of Trustees

When a business operator handling personal information entrusts an individual or

a business operator with t he handling of personal data in whole or in part, it shall

exercise necessary and appropriate supervision over the trustee to e nsure the

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security control of the entrusted personal dat a.

()Article 23 Restriction of Provision to A Third Party

1 A business operator handling personal information shall not, except in the()

following cases, provide personal data to a third party without obtaining the prior

consent of the person:

i Cases in which the provision of personal data is based on laws and()

regulations

ii Cases in which the provision of personal data is necessary for the protection()

of the life, body, or property of an individual and in which it is difficult to obtain

theconsentoftheperson

iii Cases in which the provision of personal data is specially necessary for()

improving public health or promoting the sound growth of children and in which

it is difficult to obtain the consent of the person

iv Cases in which the provision of personal data is necessary for cooperating()

with a state organ, a local government, or an individual or a business operator

entrusted by one in executing the affairs prescribed by laws and regulations and

in which obtaining the consent of the person are likely to impede the execution

of the affairs

2 With respect to personal data intended to be provided to a third party, where a()

business operator handling personal information agrees to discontinue, at the

request of a person, the provision of such personal data as will lead to the

identification of the person, and where the business o perator, in advance, notifies

the person of the matters listed in the following items or put those matters in a

readily acces si ble condition for the person, the business operator may,

notwithstanding the provision of the preceding paragraph, provide such personal

data to a third party:

i The fact that the provision to a thir d party is the Purpose of U tilization()

ii The items of the personal data to be provided to a third party()

iii The means or method of provision to a third party()

iv The fact that the provision of such personal data as will lead to the()

identification of the person to a third party will be discontinued at the request of

the person

3 When a business operator handling personal information changes the matter()

listed in item 2 or 3 of the preceding paragraph, the business operator shall, in

advance, notify the person of the content of the change or put it in a readily

accessible condition for the person.

4 In following the cases, the individual or business operator receiving such()

personal data shall not be deemed a third party for the purpose of application of

the provisions of the preceding three paragraphs:

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i Cases in which a business operator handling personal information entrust()

the handling of personal data in whole or in part within the scope necessary for

the achievement of the Purpose of Utilization

ii Cases in which personal data is provided as a result of the succession of()

business in a merger or otherwise

iii Cases in which personal data is used jointly between specific individuals or()

entities and in which this fact, the items of the personal data used jointly, the

scope of the joint users, the purpose for which the personal data is used by

them, and the name of the individual or business operator responsible for the

management of the personal data is, in advance, notified to the person or put in

a readily accessible condition for the person

5 When a business operator handling personal information changes the purpose()

for which the personal data is used or the name of the individual or business

operator responsible for the management of the personal data as are provided in

item 3 of the preceding paragraph, the business operator shall, in advance, notify

the person of the content of the change or put i t in a readily accessible condition

for the person.

Public Announcement of Matters Concerning Retained Personal Data,Article 24 (

)etc.

1 With respect to the retained personal data, a business operator handling()

personal information shall put the matters listed in the following items in an

accessible condition for the person such condition includes cases in which a(

response is made without delay at the request of the person :)

i The name of the business operator handling personal information()

ii The Purpose of Utilization of all retained personal data except in cases() (

)falling under any of items 1 to 3 of paragraph 4 of Article 18

iii Procedures to meet requests made pursuant to the provisions of the next()

paragraph, paragraph 1 of the next article, paragraph 1 of Article 26, or

paragraph 1 or paragraph 2 of Article 27 including the amount of charges if set(

)pursuant to the provision of paragraph 2 of Article 30

iv In addition to what is listed in the preceding three i tems, such matters,()

specified by a Cabinet Order, as being necessary for ensuring the proper

handling of retained personal data

2 When a business operator handling personal information is requested by a()

person to notify him or her of the Purpose of Utilization of such retained personal

data as may lead to the identification of the person concerned, the business

operator shall meet the request without delay. However, this provision shall not

apply to cases falling under either of the following items:

i Cases in which the Purpose of Utilization of such retained personal data as()

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may lead to the identification of the person concerned is clear pursuant to the

provision of the preceding paragraph

ii Cases falling under any of items 1 to 3 of paragraph 4 of Article 18()

3 When a business operator handling personal information h as decided not to()

notify the Purpose of Utilization of such retained personal data as is requested

under the preceding paragraph, the business operator shall notify the person of

that effect without delay.

()Article 25 Disclosure

1 When a business operator handling personal information is requested by a()

person to disclose such retained personal data as may lead to the identification of

the person such disclosure includes notifying the person that the business(

operator has no such retained personal data as may lead to the identification of

the person concerned. The same shall apply hereinafter. , the business operator)

shall disclose the retained personal data without delay by a method prescribed by

a Cabinet Order. However, in falling under any of the following items, the

business operator may keep all or part of the retained personal data undisclosed:

i Cases in which disclosure is likely to harm the life, body, property, or other()

rights or interests of the person or a third party

ii Cases in which disclosure is likely to seriously i mpede the proper execution()

of the business of the business operator handling personal information

iii Cases in which disclosure violates other laws and regulations()

2 When a business operator handling personal information h as decided not to()

disclose all or part of such retained personal data as is requested pursuant to the

provision of the preceding paragraph, the business operator shall notify the

person of that effect without delay.

3 If the provisions of any other laws and regulations require that all or part of()

such retained personal data as may lead to the identification of a person be

disclosed to the person by a method equivalent to the method prescribed in the

main part of paragraph 1, the provision of the paragraph shall not apply to such

all or part of t he retained personal data concerned.

()Article 26 Correction, etc.

1 When a business operator handling personal information is requested by a()

person to correct, add, or delete such retained perso nal data as may lead to the

identification of the person on the ground that the retained personal data is

contrary to the fact, the business operator shall, except in cases in which special

procedures are prescribed by any other laws and regulations for such correction,

addition, or deletion, make a necessary investigation without delay within the

scope necessary for the achievement of the Purpose of Utilization and, on the basis

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of the results, correct, add, or delete the retained personal data.

2 When a business operator handling personal information has corrected, added,()

or deleted all or part of the retained personal data as requested or has decided not

to make such correction, addition, or deletion, the business operator shall notify

the person o f that effect including the content of the correction, a ddition, or(

deletion if performed without delay.)

()Article 27 Discontinuance of the Utilization, etc.

1 Where a business operator handling personal information is requested by a()

person to discontinue using or to erase such retained personal data as may lead to

the identification of the person on the ground that the retained personal data is

being handled in violation of Article 16 or has been acquired in violation of Article

17, and where it is found that the request has a reason, the business operator

shall discontinue using or erase the retained personal data concerned without

delay to the extent necessary for redressing the violation. However, this provision

shall not apply to cases in which it costs large amount or otherwise difficult to

discontinue using or to erase the retained personal data and in which the business

operator takes necessary alternative measures to protect the rights and interests

of the person.

2 Where a business operator handling personal information is requested by a()

person to discontinue providing to a third party such retained personal data as

may lead to the identification of the person on the ground that the retained

personal data is being provided to a third party in violation of paragraph 1 of

Article 23, and where it is found that the request has a reason, the business

operator shall discontinue providing the retained personal data to a third party

without delay. However, this provision shall not apply to cases in which it costs

large amount or otherwise difficult to discontinue providing the retained personal

data concerned to a third party and in which the business operator takes

necessary alternative measures to protect the rights and interests of the person.

3 When a business operator handling personal information has discontinued using()

or has erased all or part of the retained personal data as requested under

paragraph 1 or has decided not to discontinue using or not to erase the retained

personal data or when a business o perator handling personal information has

discontinued providing all or part of the retained personal data to a third party as

requested under the provision of the preceding paragraph or has decided not to

discontinue providing the retained personal data to a third party, the business

operator shall notify the person of that effect without delay.

()Article 28 Explanation of Reasons

When a business operator handling personal information notifies a person

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requesting the business operator to take certain measures pursuant to the provisions

of paragraph 3 of Article 24, paragraph 2 of Article 25, paragraph 2 of Article 26, or

paragraph 3 of the preceding article that the business operator will not take all or

part of the measures or that the business operator will take different measures, the

business operator shall endeavor to explain the reasons.

()Article 29 Procedures to Meet Requests for Disclosure and Others

1 A business operator handling personal information may, as prescribed by a()

Cabinet Order, determine procedures for receiving requests that may be made

pursuant to the provisions of paragraph 2 of Article 24, paragraph 1 of Article 25,

paragraph 1 of Article 26 or paragraph 1 or paragraph 2 of Article 27 hereinafter(

referred to as "a request for disclosure and others" in this article . In such a case,)

any person making a request for disclosure and others shall comply with the

procedures.

2 A business operator handling personal information may request a person()

making a request for disclosure and others to show sufficient items to identify the

retained personal data in question. In this case, the business operator shall

provide the information contributing to the identification of the retained personal

data in question or take any other appropriate measures in consideration of the

person's convenience so that the person can easily and accurately make a request

for disclosure and others.

3 A person may, as prescribed by a Cabinet Order, make a request for disclosure()

and others through a representative.

4 When a business operator determine the procedures for meeting requests for()

disclosure and others under the provisions of the preceding three paragraphs, the

business operator shall take into consideration that the procedures will not impose

excessively heavy burden on the persons making requests for disclosure and

others.

()Article 30 Charges

1 When a business operator handling personal information is requested to notify()

the Purpose of Utilization under the provision of paragraph 2 of Article 24 or to

make a disclosure under the provision of paragraph 1 of Article 25, the business

operator may collect charges for taking the measure.

2 When a business operator handling personal information collects charges()

pursuant to the provision of the preceding paragraph, the business operator shall

determine the amounts of charges within the scope considered reasonable in

consideration of actual costs.

( )Article 31 Processing of Complaints by Entities Handling Personal Information

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1 A business operator handling personal information shall endeavor to()

appropriately and promptly process complaints about the handling of personal

information.

2 A business operator handling personal information shall endeavor to establish a()

system necessary for achieving the purpose set forth in the preceding paragraph.

()Article 32 Collection of Reports

The competent minister may have a business operator handling personal

information make a report on the handle of personal information to the extent

necessary for implementation of the provisions of this section.

()Article 33 Advice

The competent minister may advise a business operator handling personal

information on the handle of personal information to the extent necessary for

implementation of the provisions of this section.

()Article 34 Recommendations and Orders

1 When a business operator handling personal information has violated any of the()

provisions of Article 16 to Article 18, Article 20 to Article 27, or paragraph 2 of

Article 30, the competent Minister may recommend that the business operator

handling personal information cease the violation and take other necessary

measures to correct the violation when a competent Minister finds it necessary for

protecting the rights and interests of individuals.

2 Where a business operator handling personal information having received a()

recommendation under the provision of the preceding paragraph does not take the

recommended measures without justifiable ground, and when the competent

minister finds that the serious infringement on the rights and interests of

individuals is imminent, the competent minister may o rder the business operator

handling personal information to take the recommended measures.

3 Notwithstanding the provisions of the preceding two paragraphs, where a()

business operator handling personal information has violated any of the provisions

of Article 16, Article 17, Articles 20 to 22, or paragraph 1 of Article 23, and when

the competent minister finds it necessary to take measures urgently as there is

the fact of serious infringement of the rights and interests of individuals, the

competent minister may order the business operator handling personal

information to cease the violation and take other necessary measures to rectify the

violation.

()Article 35 Restrictions of the Exercise of Authority by the Competent Minister

1 In collecting a report from, or giving an advice, a recommendation or an order to()

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a business operator handling personal information pursuant to the provisions of

the preceding three articles, the competent Minister shall not disturb freedom of

expression, academic freedom, freedom of religion, or freedom of political activity.

2 In light of the pur port of the provision of the preceding paragraph, with respect()

to the act of a business operator handling personal information to provide an

individual or business operator mentioned in each item of paragraph 1 of Article

50 limited to cases in which the personal i nformation is handled for a purpose as(

respectively provided in each of such items with personal information, the)

competent Minister shall not exercise its authority.

()Article 36 Competent Ministers

1 The competent ministers under the provisions of this section shall be as()

specified below. However, for specific handling of personal information by a

business operator handling personal information, the Prime Minister may

designate a specific minister or the National Public Safety Commission

hereinafter referred to a s "minister, etc " as a competent m inister when he or()

she considers it necessary for smooth implementation of the provisions of this

section.

i For such handling of personal information by a business operator handling()

personal information as is related to employment management, Minister of

Health, Labor and Welfare for such handling of personal information as is(

related to the employment management of mariners, the Minister of Land,

Infrastructure, Transport and Tourism and the minister, etc. concerned with)

jurisdiction over the business of the business operator handling personal

information

ii For such handling of personal information by a business operator handling()

personal information a s is not falling under the preceding item, the minister,

etc. concerned with jurisdiction over the business of the business operator

handling personal information

2 When the Prime Minister has designated a competent minister under the()

provision of the proviso to the preceding paragraph, h e or she shall publicly notice

that effect.

3 Competent ministers shall maintain close liaison and cooperate with each other()

in implementing the provisions of this section.

Section 2 Pr omotion of the Protection of Personal Information by Private

Organizations

()Article 37 Authorization

1 A juridical person which includes an association or foundation that is not a() (

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juridical person with a specified representative or manager; the same applies in

b of item 3 of the next article that intends to conduct any of the businesses() )

enumerated in the following items for the purpose of ensuring the proper handling

of personal information by a business operator handling personal information, may

be authorized as such by the competent minister:

i The processing under the provision of Article 42 of complaints a bout the()

handling of personal information of such business operations handling personal

information as are the targets of the business hereinafter r eferred to as "target(

)entities"

ii The provision of information for target entities about the matters()

contributing to ensuring the proper handling of personal information

iii In addition to what is listed in the preceding two items, any business()

necessary for ensuring the proper handling of personal information by target

entities

2 A business operator intending to receive authorization set forth in the preceding()

paragraph shall apply to the competent minister as prescribed by a Cabinet Order.

3 When having granted authorization under paragraph 1, the competent minister()

shall publicly notice that effect.

()Article 38 Clause of Disqualification

A business operator falling under any of the following items may not receive

authorization set forth in paragraph 1 of the preceding article:

i A business operator having received a sentence pursuant to the provisions()

of this Act with not exceeding two years after the business operator served out

the sentence or was exempted from the execution of the sentence

ii A business operator whose authorization was rescinded pursuant to the()

provision of paragraph 1 of Article 48 with not exceeding two years after the

rescission

iii A business operator with an officer including the representative or() (

manager of an association or foundationwhichisnotajuridicalpersonwitha

specified representative or manager. Hereinafter the same shall apply in this

article. conducting the business who falls under any of the following categories:)

a An individual sentenced to imprisonment or a heavier punishment, or()

having received a sentence pursuant to the provision of this Act, with not

exceeding two years after the individual served out the sentence or was

exempted from the execution of the sentence

b In the case of a juridical person whose authorization was rescinded()

pursuant to the provision of paragraph 1 of Article 48, an individual who was

an officer of the juridical person within at least 30 days before the rescission,

with not exceeding two years after the rescission

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()Article 39 Authorization Standard

The competent minister shall not grant authorization unless he or she considers

that an application for authorization filed under paragraph 1 of Article 37 conforms

every requirement enumerated in the following items:

i The applicant shall have established a business execution method necessary()

for properly and soundly conducting the business mentioned in any of the items

of paragraph 1 of Article 37.

ii The applicant shall have sufficient knowledge, abilities, and financial base()

for properly and soundly conducting the business mentioned in any of the items

of paragraph 1 of Article 37.

iii When the applicant conducts any business other than the businesses()

mentioned in the items of paragraph 1 of Article 37, by conducting the business,

the applicant shall not be likely to impede the fair execution of the businesses

mentioned in the same items of the same paragraph.

()Article 40 Notification of Abolition

1 When a business operator authorized under paragraph 1 of Article 37()

hereinafter referred to as "authorized personal information protection(

organization" intends to abolish the business pertaining to the authorization)

hereinafter referred to as "authorized business" , it shall notify the competent()

minister of that effect in advance as prescribed by a Cabinet Order.

2 When having received a notification under the provision of the preceding()

paragraph, the competent minister shall publicly notice to that effect.

()Article 41 Target Entities

1 Each target business operator of an authorized personal information protection()

organization shall be a business operator handling personal information that is a

member of the authorized personal information protection organization or a

business operator handling personal information that has agreed to become a

target of the authorized businesses.

2 Each authorized personal information protection organization shall publicly()

announce the names of its target entities.

()Article 42 Handling of Complaints

1 When an authorized personal information protection organization is requested()

by a person, etc. to solve a complaint about the handling of personal information

by a t arget business operator, corresponding to the request, the organization shall

give the person, etc. necessary advice, investigate the circumstances pertaining to

the complaint and request the target business operator to solve the complaint

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promptly by notifying the target business operator of the content of the complaint.

2 When an authorized personal information protection organization finds it()

necessary for settling complaints offered under the preceding paragraph, the

organization may request the target business operator to explain in writing or

orally, or request it to submit relevant materials.

3 When a target business operator has received a request under the provision of()

the preceding paragraph from an authorized personal information protection

organization, the target business operator shall not reject the request without

justifiable ground.

()Article 43 Personal Information Protection G uidelines

1 In order to ensure the proper handling of personal information by its target()

entities, each authorized personal information protection organization shall

endeavor to draw up and publicly announce guidelines hereinafter referred to as(

"personal information protection guidelines" in conformity with the purport of the)

provisions of this Act, concerning the s pecification of the Purpose of Utilization,

security control measures, procedures for complying with individuals' requests,

and other matters.

2 When an authorized personal information protection organization has publicly()

announced its personal information protection guidelines pursuant to the provision

of the preceding paragraph, the organization shall endeavor to provide guidance,

give recommendations, and take other measures necessary in order to have its

target entities observe the personal information protection guidelines.

()Article 44 Prohibition of Utilization Other Than for Intended Purposes

An authorized personal information protection organization shall not utilize any

information acquired in the course of conducting its authorized businesses for

purposes other than that for the authorized business.

()Article 45 Restriction on Use of the Name

A business operator that is not an authorized personal information protection

organization shall not use the name "authorized personal information protection

organization" or any other name that might be mistaken for it.

()Article 46 Collection of Reports

The competent minister may have an authorized personal information protection

organization make a report on the authorized businesses to the extent necessary for

implementation of the provisions of this section.

()Article 47 Orders

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The competent minister may order an authorized personal information protection

organization to improve the method of conducting its authorized businesses, to

amend its personal information protection guidelines, or to take any other necessary

measures to the extent necessary for implementation of the provisions of this section.

()Article 48 Rescission of Authorization

1 If an authorized personal information protection organization falls under any of()

the following items, the competent minister may rescind its authorization:

i Cases of falling under item 1 or 3 of Article 38()

ii Cases of falling not to conform with any of the items of Article 39()

iii Cases of violating the provisions of Article 44()

iv Cases of not complying with orders in the preceding article()

v Cases of having received the authorization in paragraph 1 of Article 37 by a()

dishonest means

2 When having rescinded authorization pursuant to the provision of the preceding()

paragraph, the competent minister shall publicly notice that effect.

()Article 49 Competent Ministers

1 The competent ministers under the provisions of this section shall be as()

specified below. However, when the Prime Minister considers it necessary for

smooth implementation of th e provisions of this section, he or she may designate a

specific minister, etc. as a competent minister for specific entities that intend to

apply for authorization under paragraph 1 of Article 37.

i For authorized personal information protection organization including() (

entities that intend to be authorized under paragraph 1 of Article 37. This

applies in the next item. established under permission or approval, the)

competent minister shall be the minister, etc. that has granted the permission

or approval.

ii For authorized personal information protection organization other than()

those mentioned in the preceding item, the competent minister shall be the

minister, etc. having jurisdiction over the business conducted by the target

entities of the authorized personal information protection organizations

concerned.

2 When the Prime Minister has designated a competent minister pursuant to the()

provision of the proviso to the preceding paragraph, h e or she shall publicly notice

that effect.

Chapter 5 Miscellaneous Provisions

()Article 50 Exclusion from Application

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1 With respect to entities handling personal information, being the entities()

enumerated in each of the items below, if all or part of the purpose of handling

personal information is a purpose respectively prescribed in each of the items, the

provisions of the preceding chapter shall not be applied.

i Broadcasting institutions, newspaper publishers, communication agencies()

and the other press including individuals engaged in news report as their(

business ; the purpose for news report)

ii A business operator who conduct literary work as their business; the()

purpose for literary work

iii Colleges, universities, other institutions or organizations engaged in()

academic studies, or entities belonging to them: The purpose for academic

studies

iv Religious organizations: The purpose for religious activities including() (

)activities incidental thereto

v Political organizations: The purpose for political activities including() (

)activities incidental thereto

2 "News report" as mentioned in item 1 of the preceding paragraph shall mean()

informing many and unspecified individuals or entities of objective facts as the

facts including to state opinions or views based on such facts .()

3 Entities handling personal information enumerated in the items of paragraph 1()

shall endeavor to take by themselves the necessary and appropriate measures for

controlling the security of personal data, and the necessary measures for the

processing of complaints about the handling of personal information and the other

necessary measures for ensuring the proper handling of personal information, and

shall also endeavor to publicly announce the content of those measures concerned.

()Article 51 Affairs Handled by Local Governments

The affairs belonging to the authority of a competent minister provided by this Act

may be handled by the heads of local governments or by other executive agencies as

prescribed by a Cabinet Order.

()Article 52 Delegation of Authority or Affairs

The matters belonging to the authority or the affairs of a competent minister may

be delegated to his or her staffs as prescribed by a Cabinet Order.

()Article 53 Public Announcement of the Status of Enforcement

1 The Prime Minister may collect reports on the status of enforcement of this Act()

from the heads of relevant administrative organs the organs established in the(

Cabinet under the provisions of laws e xcept the Cabinet Office , organs under the()

supervision of the Cabinet, the Cabinet Office, the Imperial Household Agency, the

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institutions prescribed in paragraphs 1 and 2 of Article 49 of the Act for the

Establishment of the Cabinet Office Act No. 89 of 1999 , and the institutions()

prescribed in paragraph 2 of Article 3 of the National Government Organization

Law Act No. 120 of 1948 ; this applies in the next article .() )

2 Each year t he Prime Minister shall compile the reports set forth in the()

preceding paragraph and publicly announce their outline.

()Article 54 Liaison and Cooperation

The Prime Minister and the heads of the administrative organs involved in the

enforecement of this Act shall maintain close liaison and cooperate with each o ther.

()Article 55 Delegation to Cabinet Orders

The matters necessar y for implementation of this Act, in addition to those

prescribed in this Act, shall be prescribed by Cabinet Orders.

Chapter 6 Penal Provisions

Article 56

A business operator who violates orders issued under paragraph 2 or 3 of Article

34 shall be sentenced to imprisonment with work of not more than six months or to

a fine of not more than 300,000 yen.

Article 57

A business operator who does not make a report required by Article 32 or 4 6 or

who has made a false report shall be sentenced to a fine of not more than 300,000

yen.

Article 58

1 If any representative of a juridical person which i ncludes an association or() (

foundation which is not a juridical person with a specified representative or

manager; hereinafter the same shall apply i n this paragraph , or any agent,)

employee or other workers of a juridical person or of an individual commits any of

the violations prescribed in the preceding two articles concerning the business of

the juridical person or individual, then not only shall the performer be punished

but also the juridical person or individual shall be sentenced to the fine prescribed

in the corresponding article.

2 When the provision of the preceding paragraph applies to an association or()

foundation which is not a juridical person, its representative or manager shall

represent the association or foundation which is not a juridical person in its

procedural action, and the provisions of the acts concerning criminal suits in which

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a juridical person is the accused or suspect shall be apply mutatis mutandis.

Article 59

A business operator who falls under any of the following items shall be sentenced

to a civil fine of not more than 100,000 y en:

i A business operator who does not make a notification required by paragraph()

1 of Article 40 or who has made a false notification

ii A business operator who violates the provision of Article 45()

()Supplementary Provisions Extract

()Article 1 Effective Date

This Act shall come into force as from the day of promulgation. However, the

provisions of Chapter 4 to Chapter 6 and Article 2 to Article 6 of the supplementary

Provisions shall become effective as of the date specified by a Cabinet Order within a

period not exceeding two years from the day of promulgation.

()Article 2 Transitional Measures Concerning a Consent of a Person

Where a person has given consent to the handling of his or her personal

information prior to enforcement of this Act, and where the consent is equivalent to

the consent that allows the personal information to be handled for a purpose other

than the Purpose of Utilization specified under paragraph 1 of Article 15, then it

shall be deemed that there is such consent as is prescribed in paragraph 1 or 2 of

Article 16.

Article 3

Where a person has given consent to the handling of his or her personal

information prior to enforcement of this Act, and where the consent is equivalent to

the consent that allows the personal datatobeprovidedtoathirdpartyunder

paragraph 1 of Article 23, then it shall be deemed that there is such consent as is

prescribed in the same paragraph.

()Article 4 Transitional Measures Concerning Notices

If an individual has been notified, prior to enforcement of this Act, of the matters

that shall be notified to the individual or be put in a readily accessible condition for

the individual under paragraph 2 of Article 23, then it shall be deemed that the

notice concerned has been given under the provision of the same paragraph.

Article 5

If an individual has been notified, prior to enforcement of this Act, of the matters

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that shall be notified to the individual or be put in a readily accessible condition for

the individual under item 3 of paragraph 4 of Article 23, then it shall be deemed

that the notice concerned has been given under the provision of the same paragraph.

( )Article 6 Transitional Measures Concerning the Restriction on Use of the Name

The provisions of Article 45 shall not apply, for six months after the provision of

the same article is enforced, to any business operator actually using the name

"authorized personal information protection organization" or a name that might be

mistakenforitatthetimewhenthisActisenforced.