December 4, 2020 Appeal for Opinions on Draft Revision to Commentary for Guidelines for Protection of Personal Information in Telecommunications Business

The Ministry of Internal Affairs and Communications (MIC) will make an appeal for opinions from Saturday, December 5 2020, through Friday, January 8, 2021, on a draft revision to Commentary for Guidelines for Protection of Personal Information in Telecommunications Business (MIC Notice No. 152 of 2017 with a final revision per MIC Notice No. 297 of 2017), a draft of the Guidelines for Issuance of a Business Improvement Order to Prevent Hindrance in Ensuring the Secrecy of Communications, and a draft Reference Document on How to Obtain Consent.

1. Overview

MIC submitted a bill for the Act Partially Amending the Telecommunications Business Act and the Act on Nippon Telegraph and Telephone Corporation, etc. to the 201st Diet session. This bill aimed at responding to changes in the social structure, such as a population decline and the globalization of the telecommunications market, securing user profits related to telecommunications services, and making institutional development for foreign corporations to operate telecommunications businesses. The bill passed the Diet on May 22. It was promulgated on May 22, 2020, in response to which MIC drafted the revision to Commentary for Guidelines for Protection of Personal Information in Telecommunications Business (MIC Notice No. 152 of 2017 with a final revision per MIC Notice No. 297 of 2017).
Furthermore, with consideration of the discussions in the Study Group on Platform Services (chaired by SHISHIDO Joji, Professor at the University of Tokyo Graduate Schools for Law and Politics), MIC created a draft Guidelines for Issuance of a Business Improvement Order to Prevent Hindrance in Ensuring the Secrecy of Communications and a draft Reference Document on How to Obtain Consent.

2. Subject of appeal for opinions and guidelines therefor

1. Subject of appeal for opinions

• Commentary for Guidelines for Protection of Personal Information in Telecommunications Business and Comparative Table of the Prior and Amended Parts (MIC Notice No. 152 of 2017 with a final revision per MIC Notice No. 297 of 2017)
• Draft Guidelines for Issuance of a Business Improvement Order to Prevent Hindrance in Ensuring the Secrecy of Communications
• Draft Reference Document on How to Obtain Consent.

2. Submission period

From Saturday, December 5, 2020, and no later than Friday, January 8, 2021 (Opinions submitted by mail must also arrive no later than the deadline date).

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  MIC will post information on this appeal for opinions on the public comment page of the e-Gov (https://www.e-gov.go.jp/en/ ).

3. Future plans

With consideration of opinions submitted, MIC will finalize the revision of Commentary for Guidelines for Protection of Personal Information in Telecommunications Business (MIC Notice No. 152 of 2017 with a final revision per MIC Notice No. 297 of 2017), the Guidelines for Issuance of a Business Improvement Order to Prevent Hindrance in Ensuring the Secrecy of Communications, and a draft Reference Document on How to Obtain Consent.