New approach to personal data protection systems in Japan

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  • 個人情報保護法の制度設計――個人情報保護法案について――
  • コジン ジョウホウ ホゴホウ ノ セイド セッケイ コジン ジョウホウ ホゴ ホウアン ニ ツイテ

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Abstract

<p>The development of information and telecommunications technologies has been striking in recent years and the need for personal data protection has been rapidly increasing in networked societies on a worldwide scale. The personal data protection act enacted in Japan in 1988 covered only data used by the public sector. Since the use of personal data has become widespread, the need for a personal data protection system in the private sector became apparent. The Bill of Protection of Personal Information, submitted to the Diet on March 27, 200I, is designed to cover both public and private sector data, and will serve as the core of personal data protection regulations in Japan.</p><p>The bill consists of two parts, covering basic principles and the duties of entities handling personal information. The former is applicable to each entity handling personal information. The latter is applicable to an entity (except the media) using a personal information database for its business.</p><p>The stated purpose of this law is to protect the rights and interests of individuals while taking into consideration the utility of personal information. The five basic principles also incorporate the eight guidelines set out by the OECD. The section covering duties of entities handling personal information applies these five principles to specific duties. Dispute resolution and other regulations, however, are left to voluntary industry controls. The bill also declares that the act of 1988 covering the public sector must also be amended.</p>

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