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 theStandard Bilingual Dictionary ( March 2006 edition).
This is an unofficial translation. Only the original Japanese texts of laws and regulations havelegal effect, and the translations are to be used solely as reference material to aid in theunderstanding of Japanese laws and regulations.
The Government of Japan shall not be responsible for the accuracy, reliability or currency of thelegislative material provided in this Website, or for any consequence resulting from use of theinformation 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 of2003)
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 aremarkable increase in the utilization of personal information due to development oftheadvanced

information

andcommunications

society,byclarifying

theresponsibilities of the State and local governments, etc. with laying down basic
principle, establishment of a basic policy by the Government and the matters toserve as a basis for other measures on the protection of personal information, and byprescribing 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, dateof birth or other description contained in such information ( including suchinformation 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 meanan assembly of information including personal information as set forth below:(i)

an assembly of information systematically arranged in such a way that-1-

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 insuch a way that specific personal information can be easily retrieved.
(3) The term "a business operator handling personal information" as used in thisAct shall mean a business operator using a personal information database, etc. forits business; however, the following entities shall be excluded;(i)

The State organs(ii)

Local governments(iii)

Incorporated administrative agencies, etc. ( which means independentadministrative agencies as provided in paragraph 1 of Article 2 of the Act on theProtection of Personal Information Held by Incorporated Administrative
Agencies, etc. ( Act No. 59 of 2003; the same shall apply hereinafter))
(iv)

Local

independentadministrative 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; thesame 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 ofutilization 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 theauthority to disclose, to correct, add or delete the content, to discontinue its
utilization, to erase, and to discontinue its provision to a third party, excluding thedata 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 periodof 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 aspecific 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 State and Local governments, etc.
Article 4 (Responsibilities of the State)-2-

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 themeasures necessary for ensuring the proper handling of personal informationaccording to the characteristics of their area in conformity with the purport of thisAct.
Article 6 (Legislative Measures, etc.)
The Government shall take necessary legislative and other measures to ensurethat special measures will be taken for the protection of the personal information
which especially needs to be ensured the strict implementation of its proper handlingfor the further protection of the rights and interests of individuals in view of thenature 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 thecomprehensive 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 protectionof 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 protectionof personal

information to be taken by local incorporated administrative agencies.
(vi)

Basic matters concerning the measures for the protection of personal

information to be taken by entities handling personal information andauthorized personal information protection organizations provided in paragraph-3-

1 of Article 40(vii) Matters concerning the smooth processing of complaints about the handlingof personal information(viii) Other important matters concerning the promotion of measures for theprotection of personal information(3) The Prime Minister 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 toamendments 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 bycitizens, entities, and others to ensure the proper handling of personal information,
the State shall provide information, formulate guidelines to ensure the appropriate
and effective implementation of measures to be taken by entities and others, andtake 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 thehandling 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 handlingof personal information by entities handling personal information provided in thenext chapter.
Section 3 Measures of Local Governments
Article 11 (Protection of Personal Information Held by Local Governments andOthers)(1) A local government shall endeavor to take necessary measures in order toensure the proper handling of the personal information it holds in consideration of
the nature of the personal information, the purpose of holding the personal-4-

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 theproper handling of the personal information they hold in accordance with thenature 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 ensure that any complaint arising between a business operator and aperson about the handling of personal information will be handled appropriately andpromptly, a local government shall endeavor to mediate the processing of complaints
and take other necessary measures.
Section 4 Cooperation between the State and Local governments
Article 14
The State and local governments shall cooperate in taking measures for theprotection 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 Utilization") as much as possible.
(2) A business operator handling personal information shall not change the Purposeof 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 operator 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.
-5-

(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 information 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 thesuccession.
(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 andregulations(ii)

Cases in which the handling of personal information is necessary for theprotection of the life, body, or property of an individual and in which it isdifficult 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 inwhich it is difficult to obtain the consent of the person(iv)

Cases in which the handling of personal information is necessary forcooperating with a state organ, a local government, or an individual or abusiness operator entrusted by either of the former two in executing the affairs
prescribed by laws and regulations and in which obtaining the consent of theperson 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 handlingpersonal 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 Utilization.
(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 tohuman senses. hereinafter the same shall apply in this paragraph.) as a result ofconcluding 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 expressly show the Purpose of Utilization in advance. However, this-6-

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 anindividual.
(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 orinterests 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 thebusiness 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 inwhich 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 inconsideration of the circumstances of the acquisition
Article 19 (Maintenance of the Accuracy of Data)
A business operator handling personal information shall endeavor to maintainpersonal data accurate and up to date within the scope necessary for theachievement of the Purpose of Utilization.
Article 20 (Security Control Measures)
A business operator handling personal information shall take necessary andproper measures for the prevention of leakage, loss, or damage, and for othersecurity 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 theemployee to ensure the security control of the personal data.
Article 22 (Supervision of Trustees)
When a business operator handling personal information entrusts an individual ora business operator with the handling of personal data in whole or in part, it shall
exercise necessary and appropriate supervision over the trustee to ensure the-7-security control of the entrusted personal data.
Article 23 (Restriction of Provision to A Third Party)(1) A business operator handling personal information shall not, except in thefollowing cases, provide personal data to a third party without obtaining the priorconsent of the person:(i)Cases in which the provision of personal data is based on laws andregulations(ii)

Cases in which the provision of personal data is necessary for the protectionof the life, body, or property of an individual and in which it is difficult to obtainthe consent of the person(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 cooperatingwith 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 andin which obtaining the consent of the person are likely to impede the executionof the affairs(2) With respect to personal data intended to be provided to a third party, where abusiness operator handling personal information agrees to discontinue, at therequest of a person, the provision of such personal data as will lead to theidentification of the person, and where the business operator, in advance, notifies
the person of the matters listed in the following items or put those matters in areadily

accessible

condition

for

the

person,thebusiness

operatormay,

notwithstanding the provision of the preceding paragraph, provide such personal
data to a third party:(i)

The fact that the provision to a third party is the Purpose of Utilization(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 theidentification 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:
-8-

(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 forthe achievement of the Purpose of Utilization(ii)

Cases in which personal data is provided as a result of the succession ofbusiness 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, thescope of the joint users, the purpose for which the personal data is used bythem, 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 ina 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 initem 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.
Article 24 (Public Announcement of Matters Concerning Retained Personal Data,etc.)(1) With respect to the retained personal data, a business operator handlingpersonal information shall put the matters listed in the following items in anaccessible 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, orparagraph 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 items, 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 aperson 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-9-may lead to the identification of the person concerned is clear pursuant to theprovision 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 has 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 ofthat effect without delay.
Article 25 (Disclosure)(1) When a business operator handling personal information is requested by aperson 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 bya Cabinet Order. However, in falling under any of the following items, thebusiness 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 otherrights or interests of the person or a third party(ii)

Cases in which disclosure is likely to seriously impede the proper executionof 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 has decided not todisclose all or part of such retained personal data as is requested pursuant to theprovision 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 ofsuch retained personal data as may lead to the identification of a person bedisclosed to the person by a method equivalent to the method prescribed in themain part of paragraph 1, the provision of the paragraph shall not apply to such
all or part of the retained personal data concerned.
Article 26 (Correction, etc.)(1) When a business operator handling personal information is requested by aperson to correct, add, or delete such retained personal data as may lead to theidentification 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 thescope necessary for the achievement of the Purpose of Utilization and, on the basis- 10 -

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 of that effect ( including the content of the correction, addition, ordeletion if performed) without delay.
Article 27 (Discontinuance of the Utilization, etc.)(1) Where a business operator handling personal information is requested by aperson to discontinue using or to erase such retained personal data as may lead tothe 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 interestsof the person.
(2) Where a business operator handling personal information is requested by aperson 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 usingor has erased all or part of the retained personal data as requested underparagraph 1 or has decided not to discontinue using or not to erase the retained
personal data or when a business operator 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 todiscontinue 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- 11 -

requesting the business operator to take certain measures pursuant to the provisionsof paragraph 3 of Article 24, paragraph 2 of Article 25, paragraph 2 of Article 26, orparagraph 3 of the preceding article that the business operator will not take all orpart of the measures or that the business operator will take different measures, thebusiness 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 madepursuant 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 ( hereinafterreferred 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 theprocedures.
(2) A business operator handling personal information may request a person
making a request for disclosure and others to show sufficient items to identify theretained personal data in question. In this case, the business operator shallprovide the information contributing to the identification of the retained personal
data in question or take any other appropriate measures in consideration of theperson'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 fordisclosure and others under the provisions of the preceding three paragraphs, thebusiness operator shall take into consideration that the procedures will not impose
excessively heavy burden on the persons making requests for disclosure andothers.
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 shalldetermine the amounts of charges within the scope considered reasonable inconsideration of actual costs.
Article 31 (Processing of Complaints by Entities Handling Personal Information)- 12 -

( 1) A business operator

handling personal information

shall endeavor toappropriately and promptly process complaints about the handling of personal
information.
(2) A business operator handling personal information shall endeavor to establish asystem 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 theprovisions of Article 16 to Article 18, Article 20 to Article 27, or paragraph 2 ofArticle 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 forprotecting the rights and interests of individuals.
(2) Where a business operator handling personal information having received arecommendation under the provision of the preceding paragraph does not take therecommended measures without justifiable ground, and when the competent
minister finds that the serious infringement on the rights and interests ofindividuals is imminent, the competent minister may order the business operator
handling personal information to take the recommended measures.
(3) Notwithstanding the provisions of the preceding two paragraphs, where abusiness operator handling personal information has violated any of the provisionsof 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, thecompetent

minister

may

order

the

business

operatorhandling

personal

information to cease the violation and take other necessary measures to rectify theviolation.
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- 13 -

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 purport 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 information is handled for a purpose as
respectively provided in each of such items) with personal information, thecompetent 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 abusiness operator handling personal information, the Prime Minister may
designate a specific minister or the National Public Safety Commission(hereinafter referred to as "minister, etc ") as a competent minister when he or
she considers it necessary for smooth implementation of the provisions of thissection.
(i)

For such handling of personal information by a business operator handlingpersonal information as is related to employment management, Minister of
Health, Labor and Welfare ( for such handling of personal information as isrelated to the employment management of mariners, the Minister of Land,
Infrastructure, Transport and Tourism) and the minister, etc. concerned withjurisdiction over the business of the business operator handling personal
information(ii)

For such handling of personal information by a business operator handlingpersonal information as 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 theprovision of the proviso to the preceding paragraph, he or she shall publicly noticethat effect.
(3) Competent ministers shall maintain close liaison and cooperate with each otherin implementing the provisions of this section.
Section 2 Promotion 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- 14 -

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 handlingof 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 about thehandling of personal information of such business operations handling personal
information as are the targets of the business ( hereinafter referred 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 businessnecessary 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 ministershall 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 provisionsof 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 theprovision 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 foundation which is not a juridical person with a
specified representative or manager. Hereinafter the same shall apply in thisarticle.) 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 notexceeding 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 rescindedpursuant 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- 15 -

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 itemsof paragraph 1 of Article 37.
(ii)

The applicant shall have sufficient knowledge, abilities, and financial basefor properly and soundly conducting the business mentioned in any of the itemsof 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( hereinafterreferredtoas"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 amember of the authorized personal information protection organization or abusiness operator handling personal information that has agreed to become atarget 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 target business operator, corresponding to the request, the organization shallgive the person, etc. necessary advice, investigate the circumstances pertaining to
the complaint and request the target business operator to solve the complaint- 16 -

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, theorganization may request the target business operator to explain in writing ororally, 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 Guidelines)(1) In order to ensure the proper handling of personal information by its target
entities, each authorized personal information protection organization shallendeavor to draw up and publicly announce guidelines ( hereinafter referred to as"personal information protection guidelines") in conformity with the purport of theprovisions of this Act, concerning the specification 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 provisionof 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 forpurposes 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)- 17 -

The competent minister may order an authorized personal information protection
organization to improve the method of conducting its authorized businesses, toamend 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 adishonest 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 forsmooth implementation of the 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. Thisapplies in the next item.) established under permission or approval, thecompetent minister shall be the minister, etc. that has granted the permission
or approval.
(ii)

For authorized personal information protection organization other thanthose mentioned in the preceding item, the competent minister shall be theminister, 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 theprovision of the proviso to the preceding paragraph, he or she shall publicly noticethat effect.
Chapter 5 Miscellaneous Provisions
Article 50 (Exclusion from Application)- 18 -

(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 handlingpersonal information is a purpose respectively prescribed in each of the items, theprovisions 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 theirbusiness); the purpose for news report(ii)

A business operator who conduct literary work as their business; thepurpose for literary work(iii)

Colleges, universities, other institutions or organizations engaged inacademic 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 thefacts (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 forcontrolling the security of personal data, and the necessary measures for theprocessing of complaints about the handling of personal information and the othernecessary measures for ensuring the proper handling of personal information, andshall 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 asprescribed 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 ( except the Cabinet Office) , organs under thesupervision of the Cabinet, the Cabinet Office, the Imperial Household Agency, the- 19 -

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 institutionsprescribed 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 the Prime Minister shall compile the reports set forth in thepreceding paragraph and publicly announce their outline.
Article 54 (Liaison and Cooperation)
The Prime Minister and the heads of the administrative organs involved in theenforecement of this Act shall maintain close liaison and cooperate with each other.
Article 55 (Delegation to Cabinet Orders)
The matters necessary for implementation of this Act, in addition to thoseprescribed 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 toa fine of not more than 300,000 yen.
Article 57
A business operator who does not make a report required by Article 32 or 46 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 includes an association or
foundation which is not a juridical person with a specified representative or
manager; hereinafter the same shall apply in this paragraph) , or any agent,employee or other workers of a juridical person or of an individual commits any ofthe violations prescribed in the preceding two articles concerning the business ofthe 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 prescribedin 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 shallrepresent 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- 20 -

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 yen:(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, theprovisions 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 aperiod 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 tothe consent that allows the personal information to be handled for a purpose otherthan 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 ofArticle 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 tothe consent that allows the personal data to be provided to a third party underparagraph 1 of Article 23, then it shall be deemed that there is such consent as isprescribed in the same paragraph.
Article 4 (Transitional Measures Concerning Notices)
If an individual has been notified, prior to enforcement of this Act, of the mattersthat 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 thenotice 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- 21 -

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 deemedthat 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 bemistaken for it at the time when this Act is enforced.

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