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The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
The APPI was enacted in 2003, however, it has been subject to several revisions and amendments. Recent amendments to the APPI were enacted on 12th June 2020, which will go into effect on April 1st 2022. The APPI aims to protect individuals' rights while considering the utility of personal information for the vibrant economic society. It also provides principals control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with.
Personal Information Protection Commission (the "PPC"), established under the APPI, is the main regulatory body responsible for the enforcement of the APPI.
Securiti enables organizations to comply with the APPI regulations through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.
See how our comprehensive PrivacyOps platform helps you comply with various sections of the Japan APPI.
Create customized web forms according to your brand image with the DSR request format and accept verified data subject rights requests. Automate the initiation of fulfillment workflows when verified requests are received.
Articles: 27, 28, 29
Data subjects need to be notified about their data privacy rights and organizations are required to simplify the initiation of verified DSR requests. The automation of the delivery and generation of secure data access reports will greatly reduce the risk of compliance violations and reduce the workforce required to comply with all the requests.
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Disclosure of information to the data subjects within a limited time frame of receiving a verifiable data request is a must for any organization looking to comply. This will be free of charge and delivered through a secure, centralized portal.
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With the help of automated data subject verification workflows across all appearances of a subject’s personal data, you can seamlessly fulfill all data rectification requests.
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Fulfill data subject’s’ erasure requests, swiftly, through automated and flexible workflows.
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Create a framework for restriction and objection of processing handling based on business requirements, with collaborative workflows.
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Keep track of risks involved by continuously scanning and monitoring data against non-compliance to subject rights, security controls, or data residency.
Discover personal information stored across all your internal and external systems within the organization and link them back to a unique data subject. Also, visualize personal data sprawl and identify compliance risks.
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Automatically scan the web properties within your organization, categorizing tags, and cookies. Also, build customizable cookie banners, collect consent, and provide a preference center.
Articles: 16, 17, 26(2)
Track consent revocation of data subjects to prevent the transfer or processing of data without their consent. Seamlessly demonstrate consent compliance to regulators and data subjects.
Articles: 15, 16-2, 17 19, 20, 22-2, 23, 29, 31, 34, 35, 39, 53, 75, 78-2
With the help of our multi-regulation, collaborative, readiness, and privacy impact assessment system, you can gauge your organization's posture against Japan’s APPI requirements, identify the gaps, and address the risks. Seamlessly being able to expand assessment capabilities across your vendor ecosystem to maintain compliance against Japan APPI requirements.
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Track data flows in your organizations, trace the data, catalog, transfer, and document business process flows internally and to service providers or third parties.
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Keep track of privacy and security readiness for all your service providers from a single interface. Collaborate instantly with vendors, automate data requests and deletions, and manage all vendor contracts and compliance documents.
Automates compliance actions and breach notifications to concerned stakeholders in relation to security incidents by leveraging a knowledge database on security incident diagnosis and response.
The APPI provides principals the right to request a PIC to disclose retained personal information which can identify them.
Under the APPI, principals have the right to make requests to ensure accuracy of their personal information.
There is no explicit right to erasure available under the APPI, however, when retained personal information of the principal is handled in violation of the provisions of Article 16 of the APPI, the principal can request the deletion of their personal related information.
Under the APPI, principals have a right to demand PICs to cease utilisation of the personal information that can identify them.
Under the APPI, pseudonymously processed information is not subject to the principal's right to access or cessation of use of personal information.
Latest amendments to the APPI stipulate that prior consent from principal is necessary for the transfer of personal related information to third parties.
General guidelines issued by the PPC relax the standards for security measures for a small or medium sized business operator (a PIC with 100 or less employees).
Recent amendments have made it mandatory for the PICs to report to the PPC and to notify a principal in case of a data breach.
The maximum penalty for breaching the APPI is either imprisonment up to one year or fine of up to 100,000,000 yen for legal entities.
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