Requirements applicable to anonymously processed personal information, as defined in Article 2(9) of the APPI, are stipulated in Section 2 of Chapter 4 of the Act ("Duties of an Anonymously Processed Information Handling Business Operator"). Conversely, such information is not governed by the provisions of Section 1 of Chapter IV of the APPI which includes the articles stipulating the data protection safeguards and rights applying to the processing of personal data under that Act. Consequently, while "anonymously processed personal information" is not subject to the "standard" data protection rules (those specified in Section 1 of Chapter IV and in Article 42 of the APPI), they do fall within the scope of application of the APPI, notably Articles 36 to 39.

Differently from EU law, the APPI and relevant sub-statutory rules do not contain general provisions addressing the issue of decisions affecting the data subject and based solely on the automated processing of personal data. However, the issue is addressed in certain sectoral rules applicable in Japan that are particularly relevant for this type of processing. This includes sectors in which companies most likely resort to the automated processing of personal data to take decisions affecting individuals (e.g. the financial sector). For example, the "Comprehensive Guidelines for Supervision over Major Banks", as revised in June 2017, require that the concerned individual be provided with specific explanations on the reasons for the rejection of a request to conclude a loan agreement. Those rules thus offer protections in the likely rather limited number of cases where automated decisions would be taken by the "importing" Japanese business operator itself (rather than the "exporting" EU data controller).

Therefore, the Commission should on an on-going basis monitor the situation as regards the legal framework and actual practice for the processing of personal data as assessed in this Decision, including compliance by the Japanese authorities with the representations, assurances and commitments contained in Annex II. To facilitate this process, the Japanese authorities are expected to inform the Commission of material developments relevant to this Decision, both as regards the processing of personal data by business operators and the limitations and safeguards applicable to access to personal data by public authorities. This should include any decisions adopted by the PPC under Article 24 of the APPI recognising a third country as providing an equivalent level of protection to the one guaranteed in Japan.