(37)
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.
(66)
"Special care-required personal information" is defined in Article 2(3) of the APPI. That provision refers to "personal information comprising a principal's race, creed, social status, medical history, criminal record, fact of having suffered damage by a crime, or other descriptions etc. prescribed by Cabinet Order as those of which the handling requires special care so as not to cause unfair discrimination, prejudice or other disadvantages to the principal". These categories correspond for a large part to the list of sensitive data under Articles 9 and 10 of Regulation (EU) 2016/679. In particular, "medical history" corresponds to health data, while "criminal record and the fact of having suffered damage by a crime" are substantially the same as the categories referred to in Article 10 of Regulation (EU) 2016/679. The categories referred to in Article 2(3) of the APPI are subject to further interpretation in the Cabinet Order and PPC Guidelines. According to section 2.3 point (8) of the PPC Guidelines, the sub-categories of "medical history" detailed in Article 2(ii) and (iii) of the Cabinet Order are interpreted as covering genetic and biometric data. Also, while the list does not expressly include the terms "ethnic origin" and "political opinion", it does include references to "race" and "creed". As explained in section 2.3 points (1) and (2) of the PPC Guidelines, reference to "race" covers "ethnic ties or ties to a certain part of the world", while "creed" is understood as including both religious and political views.