Japan: Closed consultation on draft to partially amend the Personal Information Protection Act Guidelines (for Transfers to Third Parties in Foreign Countries)

On 13 October 2023, the Japanese Personal Information Protection Committee (PIPC) closed its consultation on a draft to partially amend the Personal Information Protection Act Guidelines (for Transfers to Third Parties in Foreign Countries). The draft includes additional information that data handlers should provide to data subjects when obtaining consent for data transfers. In addition, the draft also specifies the required information to be provided to ensure the implementation of adequate measures by third-party recipients in foreign countries to protect personal data. Furthermore, the draft emphasises that information related to the existence and overview of foreign systems in the third-party recipient's country, which may affect the implementation of adequate measures, must be provided to data subjects. The draft cites examples and references to international declarations, like the OECD's "Declaration on Government Access to Data Held by the Private Sector" from 2022, as potential sources to consider when evaluating the impact of foreign systems on the implementation of adequate measures.