Online dating government regulation

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There may be other laws and regulations that establish special procedures for such correction, addition, or deletion.

In such cases, the business operator follows the established procedures.[35] The business operator must promptly notify the requester of its decision and the actions taken, including the content of the correction, addition, or deletion, if performed, or the reason for refusing to modify or delete the data.[36] When a data subject finds that a business operator who handles personal information is using the retained personal data in a manner that may lead to the identification of the person beyond the stated purpose for the utilization of the data, or learns that the data was acquired by deception or other wrongful means, he or she may request that the business operator discontinue using or erase such retained personal data.[37] When the business operator finds that the request is well-founded, it must either discontinue using or erase the retained personal data concerned without delay, to the extent necessary for redressing the violation.[38] Also, when a data subject finds that a business operator is providing a third party with retained personal data that may lead to the identification of the person without having obtained the prior consent of the person, he or she may request that the business operator discontinue doing so.[39] If the business operator finds that the request is well-founded, it must discontinue providing the retained personal data to a third party without delay.

However, in cases where it would cost a large amount of money or would otherwise be difficult to discontinue using or erase the retained personal data, the business operator may take alternative measures as long as those measures can protect the rights and interests of the person.[40] The business operator must promptly notify the data subject of its decision and, when the request is declined, the reason for refusing to act.[41] A business operator may establish procedures for receiving requests [42] and collect a reasonable amount of fees to disclose retained personal information.[43] Because many business organizations issued guidelines on personal information protection and regulated their members before the enactment of the APPI,[44] the APPI followed a self-regulation model.

Business operators typically form a juridical person, or an association or foundation, in order to conduct the following business for the purpose of ensuring the proper handling of personal information: Such a juridical person, or an association or foundation, may apply for such an authorization with a competent minister.

The APPI did not create a data protection agency and does not provide the government with strong enforcement powers.

The legislature thought self- regulation by businesses would be appropriate. Those businesses that are subject to the APPI must specify the purpose of personal information collection.

If the applicant conducts any other business, the minister also considers whether that other business would impede the applicant’s fairness in terms of the proper handling of personal information.[47] An Authorized Personal Information Protection Organization must issue personal information protection guidelines concerning the specification of the purpose of utilization, security control measures, procedures for complying with individuals’ requests, and other matters.[48] For example, regarding the Internet business, the Internet Association Japan issued Personal Information Guidelines on Electronic Network Management in 1994, and updated this document after the APPI was enacted.[49] A data subject may file a complaint about the handling of personal information by a business operator with an Authorized Personal Information Protection Organization if the business operator is a member of the Organization.[61] This system assesses whether a business operator handling personal information has taken appropriate measures to protect personal information and grants those who meet certain standards the right to display the Privacy Mark label in the course of their business activities.[62] The system provides incentives for business operators to gain social credibility.A Privacy Mark conformity assessment body evaluates the business operator’s compliance with all relevant laws and regulations.The other two laws apply to government agencies and independent administrative agencies, as the titles suggest.The government has established the Basic Policy on the Protection of Personal Information,[4] as required by the APPI.[5] The Basic Policy sets out the basic direction and actions to be taken by the State, local public bodies, independent administrative agencies, and entities handling personal information.

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