Global Data and Cyber Handbook

Japan

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Data Processing in the Employment Context
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Data Processing in the Employment Context Start Comparison
Is an identified legal basis required in order to collect or process personal data or sensitive personal data in the employment context?

Last review date: 17 January 2025

Yes.

The potential legal bases for data processing in the employment context are:

There is no special treatment in the APPI for employees. The requirements for personal data collected or processed in the employment context are the same as for personal data collected and processed in other contexts.

Can consent be validly obtained in the employment context?

Last review date: 17 January 2025

☒         Yes, same as for data subjects outside the employment context.

Has the data privacy regulator issued guidance on use of artificial intelligence, automated decision making or profiling in an employment context – for example, relating to use in employee monitoring or hiring?

Last review date: 17 January 2025

☒         No

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