Regulators, Enforcement Priorities and Penalties
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Regulators, Enforcement Priorities and Penalties Start Comparison
Who are the main data privacy, non-personal data and/or cybersecurity regulator(s) in the jurisdiction?

Last review date: 17 January 2025

The Personal Information Protection Commission (PPC) is the main regulator for data privacy issues.

How active is each of the regulator(s)?

Last review date: 17 January 2025

Moderately active

What are each of the regulator's anticipated enforcement priorities for the next 12 months?

Last review date: 17 January 2025

The latest semi-annual report on enforcement activities issued by the PPC indicates that from 1 January 2024 to 30 June 2024, the PPC issued 203 guidance/advice notices and 61 information submission requests to business owners regarding the handling of personal information.

We have observed that administrative orders have only been issued against those who committed serious breaches involving sensitive information. The PPC has not yet published its enforcement priorities.

What trends are you seeing in regulatory investigations relating to data & cyber?

Last review date: 17 January 2025

Regulatory investigations or direct enforcement activity by data or cyber regulators are:

         Rare

Class actions/group actions under data or cyber regulation are:

         Rare

What are the potential penalties/remedies for non-compliance with the key data and cybersecurity laws in the jurisdiction?

Last review date: 17 January 2025

There are:

☒         criminal penalties from regulators and law enforcement

Under the amended APPI, a violation of an order by the data protection authority is punishable by imprisonment with labor for not more than one year or a fine of not more than JPY 1 million (approx. USD 6,890). In addition, entities that engage in the wrongful provision or utilization of a personal information database or that violate an order issued by the data protection authority will be imposed a fine of not more than JPY 100 million (approx. USD 689,046.00). Further, current or past executive members, officers, or employees of business owners who disclose personal information retained by the business owners to a third party in order to gain unjust benefit can be punished by imprisonment (with labor) for up to one year, or a fine of up to JPY 500,000 (approx. USD 3,445).

However, such sentences or fines may only be imposed in cases where there has been a breach of a PPC's order made under the APPI.

If data subjects have private remedies, what form can these remedies take?

Last review date: 17 January 2025

         individual personal actions