Update of Japan’s Privacy Law Approved by Cabinet

guest · Apr 2, 2020

Update of Japan’s Privacy Law Approved by Cabinet
March 31, 2020
https://www.hldataprotection.com/20...te-of-japans-privacy-law-approved-by-cabinet/

On Tuesday, March 10, the Japanese Cabinet approved a bill to revise the Act on the Protection of Personal Information (“APPI”), which would require companies to take certain additional measures to protect personal data of data subjects.

The reported goals of the bill include, for example: (i) broadening data subjects’ powers to exercise control over their data; and (ii) to establish a system to facilitate corporation’s internal use of “big data.”
The proposed amendment will be submitted to the ordinary session of the Diet for approval

While the final version may change, the version approved by the Cabinet contemplates the following major amendments:
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• Right of data subjects to request a data handler cease use of data and erase data: The APPI currently provides for data subjects to request companies cease use of data or erase data under limited circumstances. The update aims to broaden these powers [...]
• Right of data subjects to demand disclosure of data: The amendments would broaden the types of retained data [...]
• Restricting the use of the “opt-out” exception for third-party consent: [...] The update envisions limiting the cases this exception can be used.
• Pseudonymisation: Unlike the GDPR, the APPI currently does not provide for pseudonymisation of data. The update contemplates adding this in some form [...]
• Additional instructions on obligations when transferring data to third parties: [...]
• Mandatory reporting: In specific cases, the update requires data handlers to report a data breach to the PPC and the affected data subjects.
• Revising and strengthening of penalties: [...]
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The PPC has prepared provisional English translations of the changes on its website, which can be found here.
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guest · Aug 5, 2020

Japan: Protection of Personal Information (APPI) Act to be Amended: Is your Business Ready?
August 3, 2020
https://blogs.dlapiper.com/privacym...ppi-act-to-be-amended-is-your-business-ready/

The Japanese Diet has recently approved a bill to amend the APPI. This is expected to result in a strengthening of rights for data subjects while making data breach notifications mandatory and increasing penalties for noncompliance. Is your business ready for these upcoming changes?

Overview of the Amendment

On 5 June 2020, the Japanese Diet approved a bill to partially amend the Act on the Protection of Personal Information (the “APPI”). The amendment is intended to respond to the increased need to balance the protection and utilization of personal information with the risks arising from domestic and cross-border data transfers. This was done through strengthening the rights of data subjects and the imposition of new obligations on companies that collect and handle personal information, such as: [...]
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The amended APPI will come into effect within two years from 5 June 2020, and is expected to be effective around Spring 2022. Before the effective date, the PPC will issue detailed rules and guidance documents regarding the amendment. Therefore, we recommend checking the PPC’s rules and guidelines regularly and taking necessary measures to fully comply with the amended APPI when it takes effect.
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guest · Sep 10, 2020

Changes to Japan’s data privacy law echo Europe’s GDPR
September 10, 2020
https://portswigger.net/daily-swig/changes-to-japans-data-privacy-law-echo-europes-gdpr

Japan has made changes to its 2005 Protection of Personal Information (APPI) Act, bringing the bill closer in line with the EU’s General Data Protection Regulation (GDPR).

“Japan has a robust data privacy law with many similarities to the GDPR,” Scott Warren, a partner in the Tokyo office of law firm Squire Patton Boggs, tells The Daily Swig.
“Indeed, Japan is the only country in Asia to have exchanged joint adequacy findings with the EU, finding the laws roughly equivalent.”

Warren added: “What I find interesting is the ways the laws diverge. For example, Japan does not have a breach notification obligation, nor significant penalties on entities failing to meet the standards.
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Expanding individual rights
In a GDPR-like move, data subjects will now have the right to request access to their data, and to ask for it to be corrected or deleted, where there’s the possibility that their rights or legitimate interests have been breached.
This also applies to short-term data – previously, the data had to have been held for six months or more.

Further, if data has already been transferred on an opt-out basis, it cannot now be transferred to a third party without permission. Any organization receiving data will have to conform to APPI standards.
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