Japan: Opened consultation on interim report on review of Act on the Protection of Personal Information

On 27 June 2024, the Japan Personal Information Protection Commission (PPC) published an interim review of the Act on the Protection of Personal Information, focusing on its triennial review and opened a public consultation until 29 July 2024. The review follows previous amendments made in 2015, 2020, and 2021 and adheres to the 2020 revision's requirement for a government review every three years. In particular, the review includes the protection of individual rights and interests, effective monitoring and supervision, and support for data utilisation. In terms of protecting individual rights and interests, the review examines the appropriate handling of sensitive personal information, such as biometric data, and aims to align with international standards. In addition, it looks into the regulation of third-party data provision, specifically reviewing opt-out regulations and strengthening measures against unauthorised data distribution. For children's personal information, the review proposes enhanced protections, requiring guardian consent for data use, and improved regulations for educational institutions. Furthermore, the review seeks to strengthen mechanisms for individuals to seek remedies for data protection violations, potentially introducing group lawsuits similar to those in consumer protection laws. For effective monitoring and supervision, the review suggests enhancing administrative measures and penalties for violations, considering the introduction of a surcharge system such as those in other regulatory frameworks. Moreover, it reviews the adequacy of current criminal penalties for severe violations and contemplates additional measures for the most egregious cases.