Act on the Protection of Personal Information (APPI)

The Act on the Protection of Personal Information (APPI) is a data protection act in Japan that governs the collection and use of personal information. The APPI provides specific requirements and guidelines for organizations to ensure that they are in compliance with the law and that they protect personal information appropriately.

With the information provided in this article, organizations will have a clear understanding of the APPI, the steps they can take to ensure that they comply with the law, and how DataSunrise can help.

The APPI Overview

The Act on the Protection of Personal Information was enacted in 2003. After that, it has several amendments in 2017 and 2022. The latest amendments for local governments will be effective after April 1, 2023.

The act outlines several key provisions that organizations must comply with when collecting, using, and protecting personal information:

• Obtaining consent from individuals before collecting personal information.
• Providing individuals with access to their personal information upon request.
• Implement appropriate technical and organizational measures to protect personal information.
• Ensuring that third-party service providers are also in compliance with the APPI.
• Providing individuals with the option to opt out of the collection, use, and disclosure of their personal information.

The APPI defines several types of information as sensitive, including personal information related to an individual’s race, social status, health, criminal records, crime victim’s history, and other information that can harm an individual in case of data leakage. Organizations must take extra precautions to protect this type of personal information and ensure that they comply with the APPI.

Who Must Comply With the APPI?

The APPI applies to any organization that collects, uses, and processes the personal information of Japanese. This includes businesses, government agencies, religious organizations, and non-profit organizations. The APPI applies to all types of personal information including information collected through electronic means and in paper format.

To become APPI compliant, organizations must take several steps:

1. Develop a privacy policy that outlines the collection, use, and protection of personal information.
2. Provide individuals with clear information about the collection, use, and protection of their personal information.
3. Implement appropriate technical and organizational measures to protect personal information.
4. Regularly review and update privacy policies and procedures to ensure ongoing compliance with the APPI.
5. Ensure that third-party service providers are also in compliance with the APPI.
6. Provide individuals with access to their personal information upon request.
7. Provide individuals with the option to opt-out of the collection, use, and disclosure of their personal information.

Penalties for Non-Compliance

The Act on the Protection of Personal Information provides for both administrative and criminal penalties for non-compliance.

Administrative penalties for non-compliance with the APPI can include fines imposed by the Personal Information Protection Commission (PPC), the governmental agency responsible for enforcing the APPI. The amount of these fines can vary, but they can be substantial and may be based on factors such as the severity of the violation and the size of the organization.

Criminal penalties for non-compliance with the APPI can include imprisonment or fines. These penalties may be imposed on individuals who engage in activities such as unauthorized access or disclosure of personal information, or unauthorized use of personal information. The specific amount of fines and penalties that may be imposed in these cases will depend on the specific circumstances of each case and the discretion of the court.

How Can a Data Security Solution Help?

By implementing a data protection solution, organizations can simplify the process of becoming APPI compliant. Data protection solutions can help organizations to:

1. Automatically classify and protect sensitive personal information.
2. Implement appropriate technical measures to protect sensitive data.
3. Regularly monitor and audit personal information to ensure ongoing compliance.
4. Rapidly respond to privacy incidents and data breaches.

DataSunrise Data and Database Security Solutions

DataSunrise is a database protection software that can help you to stay in compliance with a lot of national and international data protection acts and laws including the APPI.

DataSunrise Data Masking helps to secure sensitive information by substituting it with randomized data, making it impossible for unauthorized individuals to access the original information. Different data masking types enable you to mask data on-the-fly or create a copy of the database with obfuscated real sensitive data.

Encryption is a technique that safeguards personal information by transforming plain text into unreadable ciphertext, making it challenging for unauthorized individuals to access the information.

Database Activity Monitoring assists organizations in monitoring and recording user actions, ensuring that all personal information access and modifications are authorized.

Database Vulnerability Assessment identifies and evaluates security risks in a database and helps organizations implement appropriate measures to protect personal information, thus ensuring APPI compliance. Regular assessments also help in complying with other privacy regulations and standards.

Try out DataSunrise to ensure your compliance with the APPI.