Silviase/jgov_v1.4_full_ann huggingface dataset:
handling business operator etc. to take necessary action to rectify the violation such as suspending the act of violation.

(Restriction on the Personal Information Protection Commission’s Exercising the Authority)

## Article 43

(1) The Personal Information Protection Commission shall, in the course of requiring the submission of a report or material from, conducting an onsite inspection of, or giving a guidance, advice, recommendation or order to, a personal information handling business operator etc., not hinder the freedom of expression, freedom of academia, freedom of religion, and freedom of political activity.

(2) In light of the purport of the provisions of the preceding paragraph, the Personal Information Protection Commission shall not exercise the authorities in regard to a personal information handling business operator’s act of providing personal information etc. to a person set forth in each item of Article 76, paragraph (1) (limited to those cases where each person handles personal information etc. for a purpose stipulated in each said item respectively).

(Delegation of Authority)

## Article 44

(1) The Personal Information Protection Commission may, when recognizing that there is a need for effectively giving a personal information handling business operator a recommendation or order pursuant to the provisions of Article 42 because there is a need to urgently and intensively seek ensuring the proper handling of personal information etc. or similar other circumstances prescribed by cabinet order, delegate an authority under the provisions of Article 40, paragraph (1) to a business jurisdictional minister as prescribed by cabinet order.

(2) A business jurisdictional minister shall, when having exercised an authority delegated pursuant to the provisions of the preceding paragraph, report the results thereof to the Personal Information Protection Commission as prescribed by cabinet order.

(3) A business jurisdictional minister may, as prescribed by cabinet order, delegate a whole or part of an authority delegated pursuant to the provisions of paragraph (1) or a whole or part of an authority pursuant to the provisions
of the preceding paragraph to a head of a local branch bureau under Article 43 of the Act for Establishment of the Cabinet Office (Act No.89 of 1999) or other bureau or organ prescribed by cabinet order.

(4) The Prime Minister delegates an authority delegated pursuant to the provisions of paragraph (1) and an authority under the provisions of paragraph (2) (limited to those relating to the Financial Services Agency’s jurisdiction and excluding those prescribed by cabinet order) to a Commissioner of the Financial Services Agency.

(5) A Commissioner of the Financial Services Agency may, as prescribed by cabinet order, delegate part of an authority delegated pursuant to the provisions of the preceding paragraph to the Securities and Exchange Surveillance Commission.

(6) A Commissioner of the Financial Services Agency may, as prescribed by cabinet order, delegate part of an authority delegated pursuant to the provisions of paragraph (4) (excluding those delegated to the Securities and Exchange Surveillance Commission pursuant to the provisions of the preceding paragraph) to a Director-General of a local finance bureau or local finance branch bureau.

(7) The Securities and Exchange Surveillance Commission may, as prescribed by cabinet order, delegate part of an authority delegated pursuant to the provisions of paragraph (5) to a Director-General of a local finance bureau or local finance branch bureau.

(8) As for administrative affairs relating to an authority delegated to a Director-General of a local finance bureau or local finance branch bureau pursuant to the provisions of the preceding paragraph, the Securities and Exchange Surveillance Commission directs and supervises a Director-General of a local finance bureau or local finance branch bureau.

(9) In case of paragraph (5), a request for administrative review concerning the Securities and Exchange Surveillance Commission’s requiring the submission of a report or material (including those cases in which a Director-General of a local finance bureau or local finance branch bureau do so pursuant to the provisions of paragraph (7)) may only be filed against the Securities and Exchange Surveillance Commission.

(Request by Business Jurisdictional Minister)

Article 45 A business jurisdictional minister may, when recognizing that there is a need for ensuring the proper handling of personal information etc. by a
personal information handling business operator etc. including that there is an act of a personal information handling business operator etc. violating the provisions under the preceding two Sections, request the Personal Information Protection Commission to take appropriate action in accordance with the provisions of this Act.

(Business Jurisdictional Minister)

Article 46 A business jurisdictional minister in the provisions of this Section shall be as follows.

(i) as for those relating to employment management involved in the handling of personal information etc. by a personal information handling business operator etc.; a Minister of Health, Labor and Welfare (as for those relating to a mariner's employment management; a Minister of Land, Infrastructure, Transport and Tourism), and a minister having jurisdiction over a business conducted by a said personal information handling business operator or the National Public Safety Commission (referred to collectively as a "Minister etc." in the succeeding item)

(ii) as for those other than the ones set forth in the preceding item involved in the handling of personal information etc. by a personal information handling business operator etc.; a Minister etc. having jurisdiction over a business conducted by a said personal information handling business operator

## Section 4 Private-Sector Body’s Promotion for the Protection of Personal Information

(Accreditation)

Article 47

(1) A corporation (including a non-corporate body which has appointed a representative or administrator; the same shall apply in the succeeding Article, item (iii), (b)) which intends to render the following services in order to ensure the proper handling of personal information etc. by a personal information handling business operator etc. may receive an accreditation from the Personal Information Protection Commission.

(i) dealing with a complaint under the provisions of Article 52 about the handling of personal information etc. by a personal information handling business operator covered by the services (hereinafter referred to as a “covered business operator”)
(ii) providing a covered business operator with information concerning a matter contributory to ensuring the proper handling of personal information etc.

(iii) besides those set forth in the preceding two items, rendering necessary services related to ensuring the proper handling of personal information etc. by a covered business operator

(2) A person who intends to receive an accreditation under the preceding paragraph shall, as prescribed by cabinet order, apply to the Personal Information Protection Commission.

(3) The Personal Information Protection Commission shall, when having granted an accreditation under the paragraph (1), announce to the public to that effect.

## (Disqualification)

Article 48 A person falling under any of each following item shall not receive an accreditation under the paragraph (1) of the preceding Article.

(i) a person who has been sentenced to imprisonment pursuant to the provisions of this Act and for whom two years have not elapsed since the date of either the completion of, or the conclusion of being subject to, the execution of the sentence

(ii) a person whose accreditation was rescinded pursuant to the provisions of Article 58, paragraph (1) and for whom two years have not elapsed since the date of the rescission

(iii) those of which the directors rendering the said services (including a representative or administrator of a non-corporate body which has appointed a representative or administrator; hereinafter the same in this Article) encompass a person who falls under any of the following

(a) a person who has been sentenced to imprisonment or a severer punishment or who has been sentenced pursuant to the provisions of this Act and for whom two years have not elapsed since the date of either the completion of, or the conclusion of being subject to, the execution of the sentence

(b) a person who was a director of a corporation whose accreditation was rescinded pursuant to the provisions of Article 58, paragraph (1) within thirty days prior to the date of the rescission and for whom two years
have not elapsed since the date of the rescission

(Accreditation Standards)

Article 49 The Personal Information Protection Commission shall not grant an accreditation unless it recognizes that an accreditation application under Article 47, paragraph (1) conforms to all of each following item.

(i) a service-rendering method has been devised necessary to perform properly and assuredly those services set forth in each item of Article 47, paragraph (1)

(ii) knowledge, capability and financial base have been demonstrated as sufficient to perform properly and assuredly those services set forth in each item of Article 47, paragraph (1)

(iii) in cases where services other than those services set forth in each item of Article 47, paragraph (1) are being rendered, there is no possibility that rendering such other services disturb the fairness of those services set forth in each item of the said paragraph

(Notification of Termination)

Article 50

(1) A person who has received an accreditation under Article 47, paragraph (1) (hereinafter referred to as an “accredited personal information protection organization”) shall, when intending to terminate services concerning the accreditation (hereinafter referred to as “accredited services”), in advance notify the Personal Information Protection Commission to that effect as prescribed by cabinet order.

(2) The Personal Information Protection Commission shall, when notified pursuant to the provisions of the preceding paragraph, announce to the public to that effect.

(Covered Business Operator)

Article 51

(1) An accredited personal information protection organization shall make its covered business operators composed of a personal information handling business operator etc. who is a constituent of the said accredited personal
information protection organization or who has consented to becoming covered by the accredited services.

(2) An accredited personal information protection organization shall announce to the public the name or appellation of its covered business operators.

(Dealing with a Complaint)

## Article 52

(1) An accredited personal information protection organization shall, when petitioned by a principal or other concerned person to resolve a complaint about its covered business operator’s handling of personal information etc., hold consultation, give necessary advice to the petitioner and investigate circumstances surrounding the complaint, as well as inform the covered business operator of the complaint contents and request its expeditious resolution.

(2) An accredited personal information protection organization may, when recognizing that there is a need in regard to the resolution of a complaint in connection with a petition under the preceding paragraph, request the covered business operator to provide a written or oral explanation or submit a referential material.

(3) A covered business operator shall, when requested by an accredited personal information protection organization pursuant to the provisions of the preceding paragraph, not refuse the request without a justifiable reason.

(Personal Information Protection Guideline)

## Article 53

(1) An accredited personal information protection organization shall, for the purpose of ensuring a covered business operator’s proper handling of personal information etc., strive to develop a guideline conformable to the purport of the provisions of this Act (hereinafter referred to as a “personal information protection guideline”) by asking a person representing consumers or other concerned person for their opinion in regard to a matter related to personal information including utilization purpose specification, security control action and procedures for responding to a demand etc. for disclosure etc. as well as a matter related to anonymously processed information including its production method and security control action for such information.
(2) An accredited personal information protection organization shall, when having developed a personal information protection guideline pursuant to the provisions of the preceding paragraph, notify without delay the Personal information Protection Commission of the personal information protection guideline pursuant to rules of the Personal Information Protection Commission. When this has been modified, the same shall apply.

(3) The Personal Information Protection Commission shall, when having been notified of a personal information protection guideline under the provisions of the preceding paragraph, announce to the public the personal information protection guideline pursuant to rules of the Personal Information Protection Commission.

(4) An accredited personal information protection organization shall, when a personal information protection guideline has been announced to the public pursuant to the provisions of the preceding paragraph, take action against a covered business operator such as providing guidance or recommendation necessary to make the covered business operator follow the said personal information protection guideline.

(Prohibition of Utilization for Unintended Purpose)

Article 54 An accredited personal information protection organization shall not utilize information obtained in the course of rendering accredited services for the other purposes than for use in such accredited services.

(Restriction on Use of Appellation)

Article 55 A person who is not an accredited personal information protection organization shall not use the appellation of the accredited personal information protection organization or any other confusing appellation therewith.

(Calling for a Report)

Article 56 The Personal Information Protection Commission may, to the extent necessary to implement the provisions under this section, call for an accredited personal information protection organization to report on its accredited services.

(Order)

Article 57 The Personal Information Protection Commission may, to the extent necessary to implement the provisions of this section, order an accredited
personal information protection organization to improve a method of rendering accredited services, amend a personal information protection guideline, or take any other necessary action.

(Rescinding the Accreditation)

## Article 58

(1) The Personal Information Protection Commission may, when an accredited personal information protection organization falls under any of each following item, rescind the accreditation.

(i) when having led to falling under Article 48, item (i) or item (iii)

(ii) when having become unconformable to any of each item of Article 49

(iii) when having violated the provisions of Article 54

(iv) when disobeying an order under the preceding Article

(v) when having received an accreditation under Article 47, paragraph (1) by improper means

(2) The Personal Information Protection Commission shall, when having rescinded an accreditation pursuant to the provisions of the preceding paragraph, announce to the public to that effect.

Chapter V The Personal Information Protection Commission

(Establishment)

Article 59

(1) The Personal Information Protection Commission (hereinafter referred to as the “Commission”) is to be established based on the provisions of Article 49, paragraph (3) of the Act for Establishment of the Cabinet Office.

(2) The Commission belongs to the jurisdiction of the Prime Minister.

(Duties)

Article 60 The Commission is to assume the duties of pursuing ensuring the
proper handling of personal information (including taking action such as giving guidance and advice to an individual number utilizing business etc. related implementer (meaning an individual number utilizing business etc. related implementer prescribed in Article 12 of the Act on the Use of Numbers to Identify a Specific Individual in the Administrative Procedure (Act No.27 of 2013; hereinafter referred to as the "Numbers Use Act")) in order to protect an individual's rights and interests while considering the utility of personal information including that the proper and effective application of personal information contributes to the creation of new industries and the realization of a vibrant economic society and an enriched quality of life for the people of Japan.

## (Jurisdictional Affairs)

Article 61 The Commission is to administer the following affairs in order to fulfil the duties under the preceding Article.

(i) affairs related to the formulation and promotion of a basic policy

(ii) affairs related to supervision over the handling of personal information and anonymously processed information, and those related to necessary mediation on a lodged complaint and cooperation offered to a business operator who deals with the complaint (excluding those set forth in item (iv))

(iii) affairs related to an accredited personal information protection organization

(iv) affairs related to monitoring and supervision over the handling of specific personal information (meaning specific personal information prescribed in Article 2, paragraph (8) of the Numbers Use Act; the same shall apply in Article 63, paragraph (4)) and those related to necessary mediation on a lodged complaint and cooperation offered to a business operation who deals with the complaint

(v) affairs related to specific personal information protection assessment (meaning specific personal information protection assessment prescribed in Article 27, paragraph (1) of the Numbers Use Act)

(vi) affairs related to public relations and an enlightenment campaign on the protection of, and the proper and effective application of, personal information
(vii) affairs related to an investigation or research necessary to administer those affairs set forth in each preceding item

(viii) affairs related to international cooperation on the jurisdictional affairs

(ix) besides those set forth in each preceding item, those affairs which have been made by law (including an order based thereon) to belong to the Commission

(Independence on Exercising the Authority)

Article 62 A chairperson and commissioners of the Commission are to exercise their official authority independently.

(Organization etc.)

Article 63

(1) The Commission is to be composed of a chairperson and eight commissioners.

(2) Four of the commissioners are to serve on a part-time basis.

(3) A chairperson and a commissioner are to be appointed by the Prime Minister with consent of both Houses of the Diet from among those with high character and deep insight.

(4) A chairperson and commissioners are to encompass a person who has academic experience concerning the protection of, and the proper and effective application of, personal information, a person who has sufficient knowledge and experience concerning the protection of consumers, a person who has academic experience concerning information processing technologies, a person who has academic experience concerning public administrative fields utilizing specific personal information, a person who has sufficient knowledge and experience concerning private-sector business practices, and a person recommended by a federate organization (meaning a federate organization under Article 263-3, paragraph (1) of the Local Autonomy Act (Act No.67 of 1947) that has given a notification pursuant to the provisions of the said paragraph).

(Term of Office etc.)

Article 64
(1) The term of office for a chairperson and a commissioner is to be five years; however, the term of office of a chairperson or a commissioner appointed to fill a vacancy shall be the remaining term of office of his or her predecessor.

(2) A chairperson and a commissioner may be reappointed.

(3) When the term of office for a chairperson or a commissioner has expired, the chairperson or commissioner are to continue to fulfil their duties until their successor is appointed.

(4) In cases where the term of office of a chairperson or a commissioner has expired or where a vacancy has occurred, when consent by both Houses of the Diet cannot be obtained due to the closing of the Diet or the dissolution of the House of Representatives, the Prime Minister may, notwithstanding the provisions of the preceding Article, paragraph (3), appoint a chairperson or a commissioner from among those persons who have those qualifications prescribed in the said paragraph.

(5) In those cases under the preceding paragraph, an ex post facto approval by both Houses of the Diet shall be obtained in the first Diet session after the appointment. In this case, when the ex post facto approval cannot be obtained by both Houses of the Diet, the Prime Minister shall immediately dismiss the chairperson or the commissioner.

(Guarantee of Status)

Article 65 A chairperson and a commissioner shall not be dismissed against their will while in office except in those cases falling under any of each following item.

(i) when having received a decision on the commencement of bankruptcy proceedings

(ii) when having been punished in violation of this Act or the Numbers Use Act

(iii) when having been punished by imprisonment without work or severer sentence

(iv) when, by the Commission, having been recognized to be incapable of fulfilling his or her duties because of a mental or physical disorder, or having been recognized to be committing a violation of obligation in the course of duties or other misconduct unbecoming to a chairperson or a commissioner
(Dismissal)

Article 66 The Prime Minister shall, when a chairperson or a commissioner falls under any of each item of the preceding Article, dismiss the chairperson or the commissioner.

(Chairperson)

Article 67

(1) A chairperson is to preside over the rules and proceedings of the Commission and represent the Commission.

(2) The Commission shall designate in advance from among full-time commissioners a person to be an acting chairperson in cases where the chairperson is in an accident.

(Meeting)

Article 68

(1) A meeting of the Commission is to be called by a chairperson.

(2) The Commission may, unless a chairperson and four or more commissioners are present, neither hold a meeting nor make a decision.

(3) A decision of the Commission is to be adopted by a majority of attendees, and when in a tie, a chairperson is to make a decision.

(4) A recognition pursuant to the provisions of Article 65, item (iv), notwithstanding the provisions of the preceding paragraph, shall be allowed with the unanimous concurrence of all commissioners except for the commissioner concerned.

(5) With regard to applying the provisions of this Article, paragraph (2) in cases where a chairperson is in an accident, a person to be an acting chairperson prescribed in the preceding Article, paragraph (2) shall be deemed as a chairperson.

(Specialist Commissioner)

Article 69