[Random-bits] Japan: proposed new law protecting personal information

[James Love]

---------- Forwarded message ----------
Date: Fri, 13 Oct 2000 08:59:46 +0900
From: Takeshi Muramoto <musan@mba.sphere.ne.jp>
To: Ecommerce@venice.essential.org
Subject: [Ecommerce] Government panel proposal

Info

Government panel proposed new Law regarding personal information protecting
law. However, the proposal is for private-sector law rather than
comprehensive one.

Takeshi Muramoto
Consumer Law News Network
musan@mba.sphere.ne.jp

Asahi Shinbun
http://www.asahi.com/english/asahi/1012/asahi101206.html

October 12, 2000

A report submitted by a government panel to Prime Minister Yoshiro Mori on
Wednesday demands private-sector organizations be required by law to
properly control personal information in their possession.

Although computer-processed personal data held by governmental organizations
is protected by law, there is no similar protection for personal information
held by organizations in the private sector.

The government plans to draft a bill based on the panel's proposals, which
it hopes to pass during the ordinary Diet session early next year.


Under the proposal, a company that leaks personal information, including the
addresses of customers and information on their assets, can be ordered to
block the leakage immediately.

Ministries will also be empowered to take steps to secure the protection of
personal information. Companies that do not comply will face punitive
measures.

The proposal consists of five basic principles. Organizations and
individuals will be required to follow the guidelines when handling personal
information.

One principle states that companies must explain why they need the personal
information and how it will be used. Another states that personal
information must be obtained legally and that companies should attempt to
confirm that the data is correct.

Individuals would be allowed to request that personal information be
disclosed.



Concerns have been voiced that the principals included in the proposal could
lead to restrictions in journalism, religion, academia and politics.

To curb restrictions of this nature, the proposal goes to some length to
indicate the restrictions are not meant to curb activities necessary to
protect public interests and proper business activities.

The proposal stipulates that some of the obligations will not be imposed on
news media and states the need for further discussion with representatives
of religious, academic and political circles.