At the Personal Information Protection Commission meeting on February 2th, specific directions for system design were presented for the "methods of regulation concerning involvement of the individual" section (methods of consent regulation, method of notifying the individual in the event of a leak, and personal information of children), which contained many new additions based on the results of the Secretariat's hearing in the materials dated January 5nd. https://www.ppc.go.jp/aboutus/minutes/2024/20250205/
I'm going to read it properly now, but as usual I asked Otio to create a summary for me, so I'll share it with you.
Detailed summary of the draft idea regarding the systemic issues of the Personal Information Protection Law
1. Regulation of individual involvement in handling of personal data
- Reconsidering cases where the individual's consent is no longer required
- Data sharing for statistical purposes is on the rise
- The recognition that the use of statistical information that excludes specific individuals has a low risk of infringing rights
- Proposal to expand exceptions to the provision regarding the compilation of statistics by administrative agencies
2. Treatment that does not go against the individual's will
- Clarifying conditions under which consent is not required
- When necessary for the performance of a contract
- When privacy or rights and interests are not violated
- Reflecting stakeholder opinions when setting conditions and specific scope
3. Obtaining consent for the protection of life and public health
- Consideration for cases where obtaining consent is difficult
- Proposal to allow exceptions in cases where it is difficult to obtain the individual's consent, as well as when there are "reasonable grounds"
- A prerequisite is that privacy protection measures are implemented
4. Regulations regarding the handling of children's personal information
- Clarifying the age criteria that apply to children
- Proposal for special protection for under-16s
- In principle, consent must be obtained from a legal representative, but exceptional cases where consent from the individual in question may be considered.
- Treating minors in their best interests
- Proposal to establish liability provisions for business operators
- The need for amendments to impose similar responsibilities on administrative agencies