Telecommunications Business Act amendments enacted in Japan
It requires telecom companies to give notification when using the information to third parties.
The measure amending Japan’s Telecommunications Business Act to mandate telecom companies to notify users when using information for third parties has been enacted.
The effectiveness of the law is yet to be determined, but Baker McKenzie expects it to take effect not later than 16 June 2023.
The amendment will in particular require third parties to give users the opportunities for confirmation when they intend to send user information. It also provided an opt-out measure.
The Ministry of Internal Affairs and Communications (MIAC) will be tasked to determine the scope of user information amongst other details of the measure.
Moreover, the law provided that telecommunication service providers will need to report to the minister of MIAC in cases of a business suspension or leakage of certain information, whilst carriers will be required to provide search services.
“Subject telecommunication service providers will need to prepare for public announcements regarding the use of data — such as third-party cookies — in advance of the effective date,” Baker McKenzie said in a report.
“It is therefore essential that service providers closely monitor the MIAC orders enacted, determine whether they engage in any data processing subject to the Amendment and if so, update their current privacy policies and take other necessary measures.”
Baker McKenzie also said that telecommunication service providers designated to the Specific User Information regulations will be required to take steps such as creating and notifying users when handling their information.
The firm also advised them to watch the criteria for designations that will be issued by the minister of MIAC closely.
