Japan: 改正個人情報保護法の成立 (Japan Legal Update October 2015)

平成27 年9 月3 日、個人情報の保護に関する法律 (以下「個人情報保護法」といいます。)等の一部を改 正する法律が成立しました。改正法の主要部分は、公布 日である同年9 月9 日から2 年を超えない範囲で政令が 指定する日より施行されます。

改正の主たるポイントは、①個人情報の定義の明確化 と要配慮個人情報(いわゆる機微情報)に関する規定の 整備、②匿名加工情報の加工方法や取扱い等及び個人情 報保護指針の届出、公表等に関する規定の整備、③本人 の同意を得ない第三者提供(オプトアウト)の届出、公 表等の厳格化、④トレーサビリティの確保、⑤個人情報 保護委員会の新設、権限の一元化、⑥国境を超えた法適 用と日本国外への第三者提供に関する規定の整備、にあ りますが、とりわけ注目すべきは②と⑥の点です。

パーソナルデータを利用したビッグデータビジネスが 拡大・発展し、個人情報を加工して特定の個人を識別す ることができないようにした情報を活用する事例が増加 しています。その一方で、かかる情報から個人が特定さ れる場合もあるのではないかという消費者の懸念を受け て、企業がかかる情報を活用した事業を中止した事例も ありました。そこで、改正法では、かかる情報を匿名加 工情報と定義し、本人を識別するために他の情報と照合 することを禁止する等して、上記消費者の懸念に配慮し つつ、ビッグデータの活用促進を図りました(②)。

また、外国事業者がインターネットを介して国内に所 在する者に商品又はサービスを提供することが増加した ことを踏まえ、このような場合には外国事業者にも個人 情報保護法を適用することとしました。また、個人情報 保護委員会の認定国所在の第三者及び同委員会の基準に 適合する体制を整備している者に対する場合を除き、外 国に所在する第三者への個人情報の提供には本人の同意 が必要であるとして、委託、事業承継等の場合も含め、 外国に所在する第三者への提供の要件を厳格化していま す(⑥)。

いずれの改正点も、民間企業における個人情報の取扱 い実務に変更をもたらす可能性があります。各企業は、 個人情報保護委員会規則やガイドラインの制定によって 改正の細目が明らかにされ次第、個人情報の取扱い及び 関連する社内規定を見直す必要があります。

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