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At the Personal Information Protection Commission meeting on February 5, the Commission presented a specific direction for designing rules in the areas concerning “the nature of rules governing the involvement of individuals” (the nature of consent requirements, the nature of notifying individuals when a data breach occurs, and children’s personal information). These areas contained a particularly large number of new additions to the January 22 materials based on the results of interviews conducted by the secretariat. https://www.ppc.go.jp/aboutus/minutes/2024/20250205/

I will read it carefully now, but as usual, I had Otio prepare a summary, so I am sharing it here.

Detailed Summary of the Draft Approach to Institutional Issues under the Act on the Protection of Personal Information

1. Rules Governing the Involvement of Individuals in the Handling of Personal Data

  • Reconsideration of circumstances in which an individual’s consent is not required
  • Data sharing for the creation of statistical information is increasing
  • Recognition that the use of statistical information from which specific individuals have been excluded poses a low risk of infringing rights
  • Proposal to expand the exceptions applicable when administrative agencies create statistics

2. Handling That Is Not Contrary to the Individual’s Intent

  • Clarification of the conditions under which consent is not required
  • When necessary to perform a contract
  • When privacy, rights, or interests will not be harmed
  • Incorporation of stakeholder views when establishing the conditions and their specific scope

3. Obtaining Consent to Protect Life or Public Health

  • Consideration of cases in which obtaining consent is difficult
  • Proposal to permit exceptions not only when obtaining the individual’s consent is difficult, but also when there are “reasonable grounds”
  • Implementation of privacy protection measures as a prerequisite

4. Rules Governing the Handling of Children’s Personal Information

  • Clarification of the age threshold applicable to children
  • Proposal to cover children under 16 years of age and establish special protections
  • Consent from a legal representative as the general rule, while also considering exceptional cases in which the child’s own consent would be recognized
  • Handling that takes into account the best interests of minors
  • Proposal to establish provisions defining the responsibilities of businesses
  • Need for amendments that would impose similar responsibilities on administrative agencies

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