Act on the Protection of Personal Information (APPI) Japan
Overview
The Act on the Protection of Personal Information (APPI) is Japan's primary data protection law, originally enacted in 2003 and amended several times, most recently in 2020, aligning it with global privacy standards and enhancing individual rights. It aims to safeguard individuals' personal data while recognizing the benefits of utilizing such data for economic and societal development.
Regulation Summary
Timeline
- Enacted: May 30, 2003
- Major Amendments: 2015, 2020
- Latest Updates Effective: April 1, 2022
What Businesses Are Affected
- Domestic and international businesses handling personal data of individuals in Japan.
- Organizations of all sizes, including those in e-commerce, healthcare, and finance.
Exemptions
- Data processed solely for personal or household use.
- Data used by government agencies for national security or public safety purposes.
Responsibilities for Businesses
- Transparency: Inform data subjects about the purpose of data collection.
- Consent: Obtain consent before collecting, using, or transferring personal data.
- Security Measures: Protect data from unauthorized access, loss, or damage.
Specific Responsibilities for Website Owners
- Clearly disclose data collection practices in privacy policies.
- Obtain consent for cookies and tracking technologies.
- Provide accessible mechanisms for data access, correction, and deletion requests.
Additional Requirements
- Cross-Border Data Transfers: Require consent and ensure equivalent protections in foreign countries.
- Data Breach Notifications: Notify affected individuals and the Personal Information Protection Commission (PIPC) of breaches involving sensitive data.
- Data Retention: Minimize data retention periods and securely dispose of unnecessary data.
Data Subject Rights
- Access: Request copies of their personal data.
- Correction: Update inaccurate or incomplete data.
- Erasure: Request data deletion under specific conditions.
- Opt-Out: Object to the use of their data for certain purposes, such as marketing.
Enforcement
- Regulatory Body: The Personal Information Protection Commission (PIPC).
- Penalties: Fines up to 100,000,000 JPY (~USD $915,000) for severe violations, along with administrative actions.
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