Both the requirements of Article 18 and the obligation to inform about the utilisation purpose under Article 27 of the APPI are subject to the same set of exceptions, mostly based on public interest considerations and the protection of rights and interests of the data subject, third parties and the controller (37). According to the interpretation developed in the PPC Guidelines, those exceptions apply in very specific situations, such as where information on the utilisation purpose would risk undermining legitimate measures taken by the business operator to protect certain interests (e.g. fight against fraud, industrial espionage, sabotage).

Concerning the additional substantive safeguards applying to special care-required personal information, according to Article 17(2) of the APPI, PIHBOs are not allowed to acquire such type of data without prior consent of the individual concerned, subject only to limited exceptions (38). Furthermore, this category of personal information is excluded from the possibility of third party disclosure based on the procedure provided for under Article 23(2) of the APPI (allowing transmission of data to third parties without the prior consent of the individual concerned).

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.

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).

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).