2.2.1 - Definition of personal information2.2.2 - Definition of personal data2.2.3 - Definition of retained personal data2.2.4 - Definition of anonymously processed personal information2.2.5 - Definition of Personal Information Handling Business Operator (PIHBO)2.2.6 - Concepts of controller and processor2.2.7 - Sectoral exclusions
2.3.1 - Purpose limitation2.3.2. - Lawfulness and fairness of processing2.3.3. - Data accuracy and minimisation2.3.4. - Storage limitation2.3.5. - Data security2.3.6. - Transparency2.3.7. - Special categories of data2.3.8. - Accountability2.3.9. - Restrictions on onward transfers2.3.10. - Individual rights
3.1 - General legal framework3.2 - Access and use by Japanese public authorities for criminal law enforcement purposes3.2.1 - Legal basis and applicable limitations/safeguards3.2.1.1 - Compulsory investigation based on a court warrant3.2.1.2 - Request for voluntary disclosure based on an "enquiry sheet"3.2.1.3 - Further use of the information collected3.2.2 - Independent oversight3.2.3 - Individual redress3.3 - Access and use by Japanese public authorities for national security purposes3.3.1 - Legal basis and applicable limitations/safeguards
3.3.2 - Independent oversight
3.3.3 - Individual redress
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These rights are subject to three types of restrictions, relating to the individual's own or third parties’ rights and interests (51), serious interference with the PIHBO's business operations (52) as well as cases in which disclosure would violate other laws or regulations (53). The situations in which these restrictions would apply are similar to some of the exceptions applicable under Article 23(1) of Regulation (EU) 2016/679, which allows for restrictions of the rights of individuals for reasons related to the "protection of the data subject or the rights and freedoms of others" or "other important objectives of general public interest". Although the category of cases in which disclosure would violate "other laws or regulations" may appear broad, laws and regulations providing for limitations in this regard must respect the constitutional right to privacy and may impose restrictions only to the extent that the exercise of this right would "interfere with the public welfare" (54). This requires a balancing of the interests at stake.
(155)
Finally, the PSIA may carry out investigations under the Subversive Activities Prevention Act ("SAPA") and the Act on the Control of Organisations Which Have Committed Acts of Indiscriminate Mass Murder ("ACO") where such investigations are necessary to prepare the adoption of control measures against certain organisations (126). Under both Acts, upon request by the Director-General of the PSIA the Public Security Examination Commission may issue certain "dispositions" (surveillance/prohibitions in the case of the ACO (127), dissolution/prohibitions in the case of the SAPA (128) and in this context the PSIA may carry out investigations (129). According to the information received, these investigations are always conducted on a voluntary basis, meaning that the PSIA may not force an owner of personal information to provide such information (130). Each time, controls and investigations shall be conducted only to the minimum extent necessary to achieve the control purpose and shall not under any circumstances be carried out to "unreasonably" restrict the rights and freedoms guaranteed under the Constitution of Japan (Article 3(1) of SAPA/ACO). Moreover, according to Article 3(2) of the SAPA/ACO, the PSIA must under no circumstances abuse such controls, or the investigations carried out to prepare such controls. If a Public Security Intelligence Officer has abused his/her authority under the respective Act by forcing a person to do anything which the person is not required to, or by interfering with the exercise of a person's rights, (s)he may be subject to criminal sanctions pursuant to Article 45 SAPA or Article 42 ACO. Finally, both Acts explicitly prescribe that their provisions, including the powers granted therein, shall "not under any circumstances be subject to an expanded interpretation" (Article 2 of SAPA/ACO).