Article 13 of the Constitution states:

"All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs."

Based on that Article, the Japanese Supreme Court has clarified the rights of individuals as regards the protection of personal information. In a decision of 1969, it recognised the right to privacy and data protection as a constitutional right (8). Notably, the Court held that "every individual has the liberty of protecting his/her own personal information from being disclosed to a third party or made public without good reason." Moreover, in a decision of 6 March 2008 ("Juki-Net") (9), the Supreme Court held that "citizens’ liberty in private life shall be protected against the exercise of public authority, and it can be construed that, as one of an individual's liberties in private life, every individual has the liberty of protecting his/her own personal information from being disclosed to a third party or being made public without good reason" (10).

Recently, by a Cabinet Decision adopted on 12 June 2018, the Japanese government amended the "Basic Policy". With a view to facilitating international data transfers, that Cabinet Decision delegates to the PPC, as the authority competent for administering and implementing the APPI, "the power to take the necessary action to bridge differences of the systems and operations between Japan and the concerned foreign country based on Article 6 of the Act in view of ensuring appropriate handling of personal information received from such country". The Cabinet Decision stipulates that this includes the power to establish enhanced protections through the adoption by the PPC of stricter rules supplementing and going beyond those laid down in the APPI and the Cabinet Order. Pursuant to that Decision, these stricter rules shall be binding and enforceable on Japanese business operators.

First of all, as regards its material scope, the APPI distinguishes personal information from personal data, with only certain of the provisions of the Act being applicable to the former category. According to Article 2(1) of the APPI, the concept of "personal information" includes any information relating to a living individual which enables the identification of that individual. The definition distinguishes two categories of personal information: (i) individual identification codes; and (ii) other personal information whereby a specific individual can be identified. The latter category also includes information which by itself does not enable identification but, when "readily collated" with other information, allows the identification of a specific individual. According to the PPC Guidelines (16), whether information can be considered as "readily collated" shall be judged on a case by case basis, taking into consideration the actual situation ("condition") of the business operator. This will be assumed if such collation is (or can be) performed by an average ("normal") business operator using the means available to that operator. For instance, information is not "readily collated" with other information if a business operator needs to make unusual efforts or commit illegal acts to obtain the information to be collated from one or more other business operators.

To address that situation, the Supplementary Rules provide for additional requirements applicable only to personal data transferred from the European Union under this Decision. According to Rule (5) of the Supplementary Rules, such personal information shall only be considered "anonymously processed personal information" within the meaning of the APPI "if the personal information handling business operator takes measures that make the de-identification of the individual irreversible for anyone, including by deleting processing method etc. related information". The latter has been specified in the Supplementary Rules as information relating to descriptions and individual identification codes which were deleted from personal information used to produce "anonymously processed personal information", as well as information relating to a processing method applied while deleting these descriptions and individual identification codes. In other terms, the Supplementary Rules require the business operator producing "anonymously processed personal information" to destroy the "key" permitting re-identification of the data. This means that personal data originating from the European Union will fall under the APPI provisions regarding "anonymously processed personal information" only in cases where they would likewise be considered anonymous information under Regulation (EU) 2016/679 (22).

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).

This principle is implemented in Japanese law by Article 20 of the APPI, providing that a PIHBO "shall take necessary and appropriate action for the security control of personal data including preventing the leakage, loss or damage of its handled personal data." The PPC Guidelines explain the measures to be taken, including the methods for the establishment of basic policies, data handling rules and various "control actions" (regarding organisational safety as well as human, physical and technological security) (35). In addition, the PPC Guidelines and a dedicated Notice (Appendix 8 on "Contents of the safety management measures that have to be taken") published by the PPC provide more details on measures concerning security incidents involving, for example, the leakage of personal information, as part of the security management measures to be taken by PIHBOs (36).

As regards "retained personal data", Article 27 APPI provides that the PIHBO shall inform the data subject about its identity (contact details), the utilisation purpose and the procedures for responding to a request concerning the data subject's individual rights under Articles 28, 29 and 30 of the APPI.

While the concept of "sensitive" data is inherently a social construct in that it is grounded in cultural and legal traditions, moral considerations, policy choices etc. of a given society, given the importance of ensuring adequate safeguards to sensitive data when transferred to business operators in Japan the Commission has obtained that the special protections afforded to "special care-required personal information" under Japanese law are extended to all categories recognised as "sensitive data" in Regulation (EU) 2016/679. To this end, Supplementary Rule (1) provides that data transferred from the European Union concerning an individual's sex life, sexual orientation or trade-union membership shall be processed by PIHBOs "in the same manner as special care-required personal information within the meaning of Article 2, paragraph 3 of the [APPI]".

As mentioned in footnote 34 (recital 49), PIHBOs are required, under Article 26(1) of the APPI, to verify the identity of a third party providing personal data to them and the "circumstances" under which such data was acquired by the third party (in case of personal data covered by this Decision, according to the APPI and Supplementary Rule (3) those circumstances shall include the fact that the data originates from the European Union as well as the purpose of the original data transfer). Among others, that measure aims at ensuring the lawfulness of data processing throughout the chain of PIHBOs handling the personal data. Furthermore, under Article 26(3) of the APPI, PIHBOs are required to keep a record of the date of receipt and the (mandatory) information received from the third party pursuant to paragraph 1, as well as the name of the individual concerned (data subject), the categories of data processed and, to the extent relevant, the fact that the data subject has given consent for sharing his/her personal data. As specified in Article 18 of the PPC Rules, those records must be preserved for a period of at least one to three years, depending on the circumstances. In the exercise of its tasks, the PPC can require the submission of such records (39).

Finally, the APPI creates a framework for the participation of sectoral industry organisations in ensuring a high level of compliance (see Chapter IV, Section 4). The role of such accredited personal information protection organisations (40) is to promote the protection of personal information by supporting businesses through their expertise, but also to contribute to the implementation of safeguards, notably by handling individual complaints and helping to solve related conflicts. To that end, they may request participating PIHBOs, if appropriate, to adopt necessary measures (41). Moreover, in case of data breaches or other security incidents PHIBOs shall in principle inform the PPC as well as the data subject (or the public) and take necessary action, including measures to minimise any damage and to prevent any recurrence of similar incidents (42). While those are voluntary schemes, on 10 August 2017 the PPC had listed 44 organisations, with the largest one, Japan Information Processing and Development Center (JIPDEC), alone counting 15 436 participating business operators (43). Accredited schemes include sector associations such as for instance the Japan Securities Dealers Association, the Japan Association of Car Driving Schools or the Association of Marriage Brokers (44).

A first protection is enshrined in Article 24 of the APPI which generally prohibits the transfer of personal data to a third party outside the territory of Japan without the prior consent of the individual concerned. Supplementary Rule (4) ensures that in the case of data transfers from the European Union such consent will be particularly well informed as it requires that the individual concerned shall be "provided information on the circumstances surrounding the transfer necessary for the principal to make a decision on his/her consent". On that basis, the data subject shall be informed of the fact that the data will be transferred abroad (outside the scope of application of the APPI) and of the specific country of destination. This will allow him/her to assess the risk for privacy involved with the transfer. Also, as can be inferred from Article 23 of the APPI (see recital 47), the information provided to the principal should cover the compulsory items under its paragraph 2, namely the categories of personal data provided to a third party and the method of disclosure.

First, pursuant to Article 28(1) and (2) of the APPI, a data subject has a right to request from a PIHBO to "disclos[e] retained personal data that can identify him- or herself" and, upon receipt of such a request, the PIHBO "shall […] disclose retained personal data" to the data subject. Article 29 (right to correction) and 30 (right to utilisation cease) have the same structure as Article 28.

Article 9 of the Cabinet Order specifies that disclosure of personal information as referred to in Article 28(2) of the APPI shall be performed in writing, unless the PIHBO and the data subject have agreed otherwise.

Second, pursuant to Article 29(1) and (2) of the APPI, a data subject has a right to request the correction, addition or deletion of his/her retained personal data in the case where the data is inaccurate. Upon receipt of such a request, the PIHBO "shall […] conduct a necessary investigation" and, based on the results of such an investigation, "make a correction etc. of the contents of the retained data".

When the request is founded, the PIHBO shall without delay discontinue the use of the data, or the provision to a third party, to the extent necessary to remedy the violation or, if a case is covered by an exception (notably if the utilisation cease would cause particularly high costs) (55), implement necessary alternative measures to protect the rights and interests of the individual concerned.

Differently from EU law, the APPI and relevant sub-statutory rules do not contain legal provisions specifically addressing the possibility to oppose processing for direct marketing purposes. However, such processing will, under this Decision, take place in the context of a transfer of personal data that was previously collected in the European Union. Under Article 21(2) of Regulation (EU) 2016/679, the data subject shall always have the possibility to oppose a transfer of data for the purpose of processing for direct marketing. Moreover, as explained in recital 43, under Supplementary Rule (3), a PIHBO is required to process the data received under the Decision for the same purpose for which the data have been transferred from the European Union, unless the data subject consents to change the utilisation purpose.Hence, if the transfer has been made for any purpose other than direct marketing, a PIHBO in Japan will be barred from processing the data for the purpose of direct marketing without consent of the EU data subject.

Before or instead of seeking administrative or judicial redress, an individual may decide to submit a complaint about the processing of his/her personal data to the controller itself. Based on Article 35 of the APPI, PIHBOs shall endeavour to deal with such complaints "appropriately and promptly" and establish internal complaint-handling systems to achieve this objective. In addition, under Article 61(ii) of the APPI the PPC is responsible for the "necessary mediation on a lodged complaint and cooperation offered to a business operator who deals with the complaint", which in both cases includes complaints submitted by foreigners. In this regard, the Japanese legislator has also entrusted the central government with the task of taking "necessary action" to enable and facilitate the resolution of complaints by PIHBOs (Article 9), while local governments shall endeavour to ensure mediation in such cases (Article 13). In that respect, individuals may lodge a complaint with one of the more than 1 700 consumer centres established by local governments based on the Consumer Safety Act (61), in addition to the possibility of lodging a complaint with the National Consumer Affairs Centre of Japan. Such complaints may also be brought with respect to a violation of the APPI. Under Article 19 of the Basic Consumer Act (62), local governments shall endeavour to engage in mediation with respect to complaints and provide the parties with necessary expertise. Those dispute resolution mechanisms appear quite effective, with a resolution rate of 91,2 % concerning more than 75 000 complaint cases in 2015.

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.

Importantly, Article 21(2) of the Constitution guarantees the secrecy of all means of communication, with limitations only allowed by legislation on public interest grounds. Article 4 of the Telecommunications Business Act, according to which the secrecy of communications handled by a telecommunications carrier shall not be violated, implements this confidentiality requirement at the level of statutory law. This has been interpreted as prohibiting the disclosure of communications information, except with the consent of users or if based on one of the explicit exemptions from criminal liability under the Penal Code (77).

As regards specifically the right to data protection, Chapter III, Sections 1, 2 and 3 of the APPI lays down general principles covering all sectors, including the public sector. In particular, Article 3 of the APPI provides that all personal information must be handled in accordance with the principle of respect for the personality of individuals. Once personal information, including as part of electronic records, has been collected ("obtained") by public authorities (78), its handling is governed by the Act on the Protection of Personal Information held by Administrative Organs ("APPIHAO") (79). This includes in principle (80) also the processing of personal information for criminal law enforcement or national security purposes. Among others, the APPIHAO provides that public authorities: (i) may only retain personal information to the extent this is necessary for carrying out their duties; (ii) shall not use such information for an "unjust" purpose or disclose it to a third person without justification; (iii) shall specify the purpose and not change that purpose beyond what can reasonably be considered as relevant for the original purpose (purpose limitation); (iv) shall in principle not use or provide a third person with the retained personal information for other purposes and, if they consider this necessary, impose restrictions on the purpose or method of use by third parties; (v) shall endeavour to ensure the correctness of the information (data quality); (vi) shall take the necessary measures for the proper management of the information and to prevent leakage, loss or damage (data security); and (vii) shall endeavour to properly and expeditiously process any complaints regarding the processing of the information (81).

As indicated in recital 115, any data collection as part of a coercive investigation must be specifically authorised by law and may only be carried out based on a court warrant "issued for adequate cause" (Article 35 of the Constitution). As regards the investigation of criminal offences, this requirement is reflected in the provisions of the Code of Criminal Procedure ("CCP"). According to Article 197(1) of the CCP, compulsory measures "shall not be applied unless special provisions have been established in this Code". With respect to the collection of electronic information, the only relevant (82) legal bases in this regard are Article 218 of the CCP (search and seizure) and Article 222-2 of the CCP, according to which compulsory measures for the interception of electronic communications without the consent of either party shall be executed based upon other acts, namely the Act on Wiretapping for Criminal Investigation ("Wiretapping Act"). In both cases, the warrant requirement applies.

More specifically, pursuant to Article 218(1) of the CCP, a public prosecutor, a public prosecutor's assistant officer or a judicial police official may, if necessary for the investigation of an offence, conduct a search or seizure (including ordering records) upon a warrant issued by a judge in advance (83). Among others, such a warrant shall contain the name of the suspect or accused, the charged offence (84), the electromagnetic records to be seized and the "place or articles" to be inspected (Article 219(1) of the CCP).

To the extent such a request is directed at a business operator and concerns personal information, the business operator has to comply with the requirements of the APPI. According to Article 23(1) of the APPI, business operators may disclose personal information to third parties without consent of the individual concerned only in certain cases, including where the disclosure is "based on laws and regulations" (89). In the area of criminal law enforcement, the legal basis for such requests is provided by Article 197(2) of the CCP according to which "private organisations may be asked to report on necessary matters relating to the investigation." Since such an "enquiry sheet" is permissible only as part of a criminal investigation, it always presupposes a concrete suspicion of an already committed crime (90). Moreover, since such investigations are generally carried out by the Prefectural Police, the limitations pursuant to Article 2(2) of the Police Law (91) apply. According to that provision, the activities of the police are "strictly limited" to the fulfilment of their responsibilities and duties (that is to say the prevention, suppression and investigation of crimes). Moreover, in performing its duties, the police shall act in an impartial, unprejudiced and fair manner and must never abuse its powers "in such a way as to interfere with the rights and liberties of an individual guaranteed in the Constitution of Japan" (which include, as indicated, the right to privacy and data protection) (92).

Specifically with respect to Article 197(2) of the CCP, the National Police Agency ("NPA") – as the federal authority in charge, among others, of all matters concerning the criminal police – has issued instructions to the Prefectural Police (93) on the "proper use of written inquiries in investigative matters". According to this Notification, requests must be made using a pre-established form ("Form No. 49" or so-called "enquiry sheet") (94), concern records "regarding a specific investigation" and the requested information must be "necessary for [that] investigation". In each case, the chief investigator shall "fully examine the necessity, content, etc. of [the] individual enquiry" and must receive internal approval from a high-ranking official.

Aside from these limitations for the exercise of public authority, business operators themselves are expected to check ("confirm") the necessity and "rationality" of the provision to a third party (99). This includes the question whether they are prevented by law from cooperating. Such conflicting legal obligations may in particular follow from confidentiality obligations such as Article 134 of the Penal Code (concerning the relationship between a doctor, lawyer, priest, etc. and his/her client). Also, "any person engaged in the telecommunication business shall, while in office, maintain the secrets of others that have come to be known with respect to communications being handled by the telecommunication carrier" (Article 4(2) of the Telecommunication Business Act). This obligation is backed-up by the sanction stipulated in Article 179 of the Telecommunication Business Act, according to which any person that has violated the secrecy of communications being handled by a telecommunications carrier shall be guilty of a criminal offence and punished by imprisonment with labour of up to two years, or to a fine of not more than one million yen (100). While this requirement is not absolute and in particular allows for measures infringing the secrecy of communications that constitute "justifiable acts" within the meaning of Article 35 of the Penal Code (101), this exception does not cover the response to non-compulsory requests by public authorities for the disclosure of electronic information pursuant to Article 197(2) of the CCP.

While there is no ex-ante check by a judge in the case of requests for voluntary disclosure, business operators to whom such requests are addressed can object to them without risking any negative consequences (and will have to take into account the privacy impact of any disclosure). Moreover, according to Article 192(1) of the CCP, police officials shall always cooperate and coordinate their actions with the public prosecutor (and the Prefectural Public Safety Commission) (105). In turn, the public prosecutor may give the necessary general instructions setting forth standards for a fair investigation and/or issue specific orders with respect to an individual investigation (Article 193 of the CCP). Where such instructions and/or orders are not followed, the prosecution may file charges for disciplinary action (Article 194 of the CCP). Hence, the Prefectural Police operates under the supervision of the public prosecutor.

In addition, Article 79 of the Police Law guarantees individuals who have concerns with respect to the "execution of duties" by police personnel the right to lodge a complaint with the (competent) independent Prefectural Public Safety Commission. The Commission will "faithfully" handle such complaints in accordance with laws and local ordinances and shall notify the complainant in writing of the results. Based on its authority to supervise and "direct" the Prefectural Police with respect to "personnel's misconduct" (Articles 38(3), 43-2(1) of the Police Law), it may request the Prefectural Police to investigate the facts, take appropriate measures based on the outcome of this investigation and report on the results. If it considers that the investigation carried out by the Police has not been adequate, the Commission may also provide instructions on the handling of the complaint.

In order to facilitate complaint handling, the NPA has issued a "Notice" to the Police and Prefectural Public Safety Commissions on the proper handling of complaints regarding the execution of duties by police officers. In this document, the NPA stipulates standards for the interpretation and implementation of Article 79 of the Police Law. Among others, it requires the Prefectural Police to establish a "system for handling complaints" and to handle and report all complaints to the competent Prefectural Public Safety Commission "promptly". The Notice defines complaints as claims seeking correction "for any specific disadvantage that has been inflicted as the result of an illegal or inappropriate behaviour" (115) or "failure to take a necessary action, by a police officer in his/her execution of duty" (116), as well as any "grievance/discontent about inappropriate mode of duty execution by a police officer". The material scope of a complaint is thus broadly defined, covering any claim of unlawful collection of data, and the complainant does not have to demonstrate any harm suffered as a result of a police officer’s actions. Importantly, the Notice stipulates that foreigners (among others) shall be provided with assistance in formulating a complaint. Following a complaint, the Prefectural Public Safety Commissions are required to ensure that the Prefectural Police examines the facts, implements measures "according to the result of the examination" and reports on the results. Where the Commission considers the examination to be insufficient, it shall issue an instruction on the handling of the complaint, which the Prefectual Police is required to follow. Based on the reports received and the measures taken, the Commission notifies the individual indicating, among others, the measures taken to address the complaint. The NPA Notice stresses that complaints should be handled in a "sincere manner" and that the result should be notified "within the scope of time […] deemed appropriate in the light of the social norms and common sense".

Once the evaluation is concluded, the PPC shall notify the individual within a reasonable period of time of the outcome of the evaluation, including any corrective action taken where applicable. At the same time, the PPC shall also inform the individual about the possibility of seeking a confirmation of the outcome from the competent public authority and the identity of the authority to which such a request for confirmation should be made. The possibility to receive such a confirmation, including the reasons underpinning the decision of the competent authority, may be of assistance to the individual in taking any further steps, including when seeking judicial redress. Detailed information on the outcome of the evaluation can be restricted as long as there are reasonable grounds to consider that communicating such information is likely to pose a risk to the ongoing investigation.

With respect to all those redress avenues, the dispute resolution mechanism created by the Japanese government provides that an individual who is still dissatisfied with the outcome of the procedure can address the PPC "which shall inform the individual of the various possibilities and detailed procedures for obtaining redress under Japanese laws and regulations." Moreover, the PPC "will provide the individual with support, including counselling and assistance in bringing any further action to the relevant administrative or judicial body."

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.

As for the Prefectural Police, its responsibilities and duties include the "maintenance of public safety and order" (Article 35(2) in conjunction with Article 2(1) of the Police Law). Within this scope of jurisdiction, the police may collect information, but only on a voluntary basis without legal force. Moreover, the activities of the police shall be "strictly limited" to what is necessary to perform its duties. Moreover, it shall act in an "impartial, nonpartisan, unprejudiced and fair" manner and never abuse its powers "in any way such as to interfere with the rights and liberties of an individual guaranteed in the Constitution of Japan" (Article 2 of the Police Law).

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).

In any event, the Administrative Organ has to take a written decision within a certain period (30 days, which under certain conditions can be extended by an additional 30 days). If the request is rejected, only partially granted, or if the individual for other reasons considers the conduct of the Administrative Organ to be "illegal or unjust", the individual may request administrative review based on the Administrative Complaint Review Act (141). In such a case, the head of the Administrative Organ deciding on the appeal shall consult the Information Disclosure and Personal Information Protection Review Board (Articles 42, 43 APPIHAO), a specialised, independent board whose members are appointed by the Prime Minister with consent of both Houses of the Diet. According to the information received, the Review Board may carry out an examination (142) and in this respect request the Administrative Organ to provide the retained personal information, including any classified content, as well as further information and documents. While the ultimate report sent to the complainant as well as the Administrative Organ and made public is not legally binding, it is in almost all cases followed (143). Moreover, the individual has the possibility to challenge the appeal decision in court based on the Administrative Case Litigation Act. This opens the way for judicial control of the use of the national security exception(s), including of whether such an exception has been abused or is still justified.