Japan: Announcement of guidance on opt-out notifications based on amended APPI

The Japanese Personal Information Protection Commission (PPC) announced the release of its guidance on opt-out notifications based on the amended Act on the Protection of Personal Information (APPI). The opt-out method is a method of providing personal data to a third party without obtaining the consent of the person concerned on the condition that the provision of information ceases upon the person's request. The PPC clarified that the scope of the opt-out procedure is not limited to list traders. Instances in which notifications will not be necessary are mainly (1) in the event of an individual consenting (2) when providing personal information that is inconsistent with the personal information provided to a third party (3) when personal data is used for consignment or business succession purposes. Major changes to the opt-out procedure are: (1) unauthorized acquisition of personal data is not subject to personal data that can be provided to a third party under the opt-out regulations (2) personal data provided by other business operators handling personal information under the opt-out regulations cannot be provided to third parties under the opt-out regulations (3) where matters are notified by business operators to the PPC in the opt-out procedure, the method of acquiring personal data provided to a third party will be added (4) where a business operator stops providing personal data under the opt-out regulation, it will still be required to notify the PPC to that effect.