Sectoral exclusions

Article 76 of the APPI excludes certain types of data processing from the application of Chapter IV of the Act, which contains the central data protection provisions (basic principles, obligations of business operators, individual rights, supervision by the PPC). Processing covered by the sectoral exclusion in Article 76 is also exempted from the enforcement powers of the PPC, pursuant to Article 43(2) of the APPI (24).

The relevant categories for the sectoral exclusion in Article 76 of the APPI are defined by using a double criterion based on the type of PIHBO processing the personal information and the purpose of processing. More specifically, the exclusion applies to: (i) broadcasting institutions, newspaper publishers, communication agencies or other press organisations (including any individuals carrying out press activities as their business) to the extent they process personal information for press purposes; (ii) persons engaged in professional writing, to the extent this involves personal information; (iii) universities and any other organisations or groups aimed at academic studies, or any person belonging to such an organisation, to the extent they process personal information for the purpose of academic studies; (iv) religious bodies to the extent they process personal information for purposes of religious activity (including all related activities); and (v) political bodies to the extent they process personal information for the purposes of their political activity (including all related activities). Processing of personal information for one of the purposes listed in Article 76 by other types of PIHBOs as well as processing of personal information by one of the listed PIHBOs for other purposes, for instance in the employment context, remain covered by the provisions of Chapter IV.

In order to ensure an adequate level of protection of personal data transferred from the European Union to business operators in Japan, only processing of personal information falling within the scope of Chapter IV of the APPI – i.e. by a PIHBO to the extent the processing situation does not correspond to one of the sectoral exclusions – should be covered by this Decision. Its scope should therefore be aligned to that of the APPI. According to the information received from the PPC, where a PIHBO covered by this Decision subsequently modifies the utilisation purpose (to the extent this is permissible) and would then be covered by one of the sectoral exclusions in Article 76 of the APPI, this would be considered as an international transfer (given that, in such cases, the processing of the personal information would no longer be covered by Chapter IV of the APPI and thus fall outside its scope of application). The same would apply in case a PIHBO provides personal information to an entity covered by Article 76 of the APPI for use for one of the processing purposes indicated in that provision. As regards personal data transferred from the European Union, this would therefore constitute an onward transfer subject to the relevant safeguards (notably those specified in Article 24 of the APPI and Supplementary Rule (4)). Where the PIHBO relies on the data subject's consent (25), it would have to provide him/her with all the necessary information, including that the personal information would no longer be protected by the APPI.