June 28, 2024 Notification Issued Concerning the Provision of Mobile Phone Location Information During Disasters

 The Ministry of Internal Affairs and Communications (MIC) notified the Telecommunications Carriers Association (Chaired by TAKAHASHI Makoto) regarding providing mobile phone location information during disasters.

1. Background

 Pursuant to the provisions of Article 41, Paragraph 5 of the Guidelines on Protection of Personal Information in the Telecommunications Business (Public notice No. 4 of the Personal Information Protection Commission and the Ministry of Internal Affairs and Communications, 2022. Hereinafter referred to as the “Guidelines”), when telecommunications carriers are requested to obtain the location information of an individual needing rescue (hereinafter referred to as “Rescuee”) by police, the Japan Coast Guard, fire department, or other equivalent rescue organizations (hereinafter referred to as “Rescue Organizations”), telecommunications carriers may acquire the location information only when there is an imminent and serious danger to the life or physical well-being of the rescuee, and obtaining the location information is deemed essential for promptly locating the rescuee. Additionally, pursuant to the provisions of Article 41, Paragraph 2, telecommunications carriers may provide location information to others or otherwise use the information only when they have obtained consent in advance, when they comply with a warrant issued by a judge, or when they have other justifiable cause.

 MIC reviewed the procedures for mobile phone carriers when Rescue Organizations request location information during disasters to ensure compliance with the Telecommunications Business Act (Act No. 86 of 1984) and related regulations outlined in the Guidelines and has issued a notification to the Telecommunications Carriers Association (hereinafter referred to as the “Telecommunications Bureau Notification”).
 The Telecommunications Bureau Notification applys to handling of location information only during disasters.

2. Overview of the Telecommunications Bureau Notification

(1) Rescue Organizations

 The prefectural disaster response headquarters and municipal disaster response headquarters are newly added as Rescue Organizations that may request location information.

(2) Handling when phone numbers are unknown

 During disasters, Rescue Organizations may request even when the mobile phone number is unknown, using information such as the person’s name and address.

(3) Past location information

 During disasters, mobile phone carriers may provide information on the last confirmed location if the current location cannot be determined.

<Reference documents>

• Holding a Study Group on the Improvement of the Usage Environment for ICT Services (Second Meeting) (Held on June 17, 2024) Document 2-2
  https://www.soumu.go.jp/main_content/000952871.pdf

• Guidelines on the Protection of Personal Information in the Telecommunications Business (Public notice No. 4 of the Personal Information Protection Commission and the Ministry of Internal Affairs and Communications, 2022)
  https://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/telecom_perinfo_guideline_intro.html

• *
  The reference materials are available only in Japanese