일본의 변호법 시행을 둘러싼 개인정보보호의 문제와 과제

Problems and Tasks concerning the Protection of Personal Information, in relation to the Upcoming Enforcement of the Personal Identification Act in Japan

In May 2013, Japan established the “Act on the Utilization, etc. of Numbers to Identify Specific Persons in Administrative Procedures” (hereinafter referred to as“Personal Identification Numbers Act” or the “Act”), as a special law of the Personal Information Protection Act and the Act will take effect in January 2016. The purpose of the Act is to allocate a unique identification number to each of its people and manage the information on social security, taxation and countermeasures against disasters in a monistic manner, thereby improving accuracy and efficiency in inquiring about such information; facilitating prompt exchanges of information with other areas; simplifying administrative procedures; and actively providing the necessary information for the people. The personal identification numbers will contain 4 basic information, i.e. name, address, date of birth and gender. While the scope of application of such personal identification numbers is limited to the 3 areas of social security, taxation and countermeasures against disasters, however, the detailed activities covered by such areas are very extensive, including without limitation maternal and child welfare, disability, long-term care (介護), past medical history, unemployment, income and assets. With the Personal Identification Numbers Act, it can be expected that social security will be more properly provided and application procedures, etc. in the field of taxation will be simplified. On the other hand, it is likely that people’s privacy may be violated due to divulgement of personal information or through impersonation of the owners of such personal identification numbers, using their ID’s and passwords detected out of such numbers. Taking such potential risks into account, the Act provides that, in principle, such personal identification numbers can only be used by administrative agencies, local governments, etc. exclusively for their affairs related to the areas of social security, taxation and countermeasures against disasters and similar affairs and further prevents possible collusion among administrative agencies and, at the same time, allows them to exchange information, only to the extent permitted in advance, by introducing a ‘information network system’. Besides, a‘specific personal information protection and appraisal system’has been introduced to appraise the impact on privacy and such specific personal information in advance and take proper protective measures against such impact when keeping or modifying such specific personal information files and, a ‘specific personal information protection committee’ was established to monitor and oversee compliance of regulations concerning personal information. Japan’s personal identification number system will not take effect until 2016. Since the Act is not in effect yet, concerns over such problems possibly resulting from enforcement of the identification number system have not become a reality. Japan’s personal identification number system was introduced to promote the improvement of its people’s convenience, alleviation of their burdens and enhancement of their security and safety. In order to achieve such goals, it is really required, first of all, to strike a balance between the promotion of utilization of such personal identification numbers and the aforesaid information network system and the protection of personal information and privacy.