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
(7)
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."
(84)
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.
