(17)
The scope of application of the APPI is determined by the defined concepts of Personal Information, Personal Data and Personal Information Handling Business Operator. At the same time, the APPI provides for some important exemptions from its scope, most importantly for Anonymously Processed Personal Data and for specific types of processing by certain operators. While the APPI does not use the term "processing", it relies on the equivalent concept of "handling" which, according to the information received from the PPC, covers "any act on personal data" including the acquisition, input, accumulation, organisation, storage, editing/processing, renewal, erasure, output, utilization, or provision of personal information.
(45)
Under the APPI, when a PIHBO collects personal information, it is required to specify the purpose of utilising the personal information in a detailed manner (29) and promptly inform the data subject of (or disclose to the public) this utilisation purpose (30). In addition, Article 17 of the APPI provides that a PIHBO shall not acquire personal information by deceit or other improper means. As regards certain categories of data such as special-care required personal information, their acquisition requires the consent of the data subject (Article 17(2) of the APPI).
(87)
Third, pursuant to Article 30(1) and (2) of the APPI a data subject has a right to request from a PIHBO to discontinue using personal information, or to delete such information, when it is handled in violation of Article 16 (regarding purpose limitation) or has been improperly acquired in violation of Article 17 of the APPI (regarding acquisition by deceit, other improper means or, in case of sensitive data, without consent). Likewise, under Article 30(3) and (4) of the APPI, the individual has a right to request from the PIHBO to cease the provision of the information to a third party where this would violate the provisions of Article 23(1) or Article 24 of the APPI (regarding third party provision, including international transfers).
(108)
Third, in addition to civil law (tort) remedies, a data subject may file a complaint with a public prosecutor or judicial police official with respect to APPI violations that can lead to criminal sanctions. Chapter VII of the APPI contains a number of penal provisions. The most important one (Article 84) relates to non-compliance by the PIHBO with PPC orders pursuant to Article 42(2) and (3). If a business operator fails to comply with an order issued by the PPC, the PPC Chair (as well as any other government official) (66) may forward the case to the public prosecutor or judicial police official and in that way trigger the opening of a criminal procedure. The penalty for the violation of a PPC order is imprisonment with labour for up to six months or a fine of up to 300 000 yen. Other provisions of the APPI providing for sanctions in case of APPI violations affecting the rights and interests of data subjects include Article 83 of the APPI (regarding the "providing or using by stealth" of a personal information database "for the purpose of seeking […] illegal profits") and Article 88(i) of the APPI (regarding the failure by a third party to correctly inform the PIHBO when the latter receives personal data in accordance with Article 26(1) of the APPI, in particular on the details of the third party's own, prior acquisition of such data). The applicable penalties for such violations of the APPI are, respectively, imprisonment with work for up to one year or a fine of up to 500 000 yen (in case of Article 83) or an administrative fine of up to 100 000 yen (in case of Article 88(i)). While the threat of a criminal sanction is already likely to have a strong deterrent effect on the business management that directs the PIHBO's processing operations as well as on the individuals handling the data, Article 87 of the APPI clarifies that when a representative, employee or other worker of a corporate body has committed a violation pursuant to Articles 83 to 85 of the APPI, "the actor shall be punished and a fine set forth in the respective Articles shall be imposed on the said corporate body". In this case, both the employee and the company can be imposed sanctions up to the full maximum amount.