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
(95)
In order to ensure that an adequate level of data protection is guaranteed also in practice, an independent supervisory authority tasked with powers to monitor and enforce compliance with the data protection rules should be in place. This authority should act with complete independence and impartiality in performing its duties and exercising its powers.
(97)
The powers of the PPC, which it exercises in full independence (58), are mainly provided for in Articles 40, 41 and 42 of the APPI. Under Article 40, the PPC may request PIHBOs to report or submit documents on processing operations and may also carry out inspections, both on-site and of books or other documents. To the extent necessary to enforce the APPI, the PPC may also provide PIHBOs with guidance or advice as regards the handling of personal information. The PPC has already made use of this power under Article 41 APPI by addressing guidance to Facebook, following the Facebook/Cambridge Analytica revelations.
(153)
According to the information received, the MOD collects (electronic) information on the basis of the MOD Establishment Act. Pursuant to its Article 3, the mission of the MOD is to manage and operate the military forces and "to conduct such affairs as related thereto in order to secure national peace and independence, and the safety of the nation." Article 4(4) provides that the MOD shall have jurisdiction over the "defence and guard", over the actions to be taken by the Self-Defence Forces as well as over the deployment of the military forces, including the collection of information necessary to conduct those affairs. It only has authority to collect (electronic) information from business operators through voluntary cooperation.