Employee Data Privacy

Japan - Employee Access Rights

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Do individuals have the right to access their personal information?

Data protective jurisdictions tend to guarantee the right of individuals to contact an organization directly and find out whether personal data is being tracked. Access procedures and acceptable exceptions (such as business secrecy) are determined by law and may be subject to the control of data protection authorities. In the context of HR, personal data access requests can include information tracked by the company as well as data tracked by third-party solutions, such as background check vendors.

Data subjects have the right to request the disclosure of their personal information and records of data transfer under the Amended Act on the Protection of Personal Information. Upon request from the principal (i.e. the employee), employers are expected to disclose the personal data that is held by the company without delay except when the data falls into one of the following exceptions:

  • luke-chesser-2347when there is a possibility of harming an individual’s life, body, fortune or other interests/rights;
  • when disclosure violates other laws or regulations; or,
  • when informing the data subject would harm the rights or legitimate interest of the business operator (the employer).

In the event that an employee’s data access request is denied, the employer is responsible for informing the individual without delay.

Individuals have the right to request corrections, additions and deletions to fix their inaccurate personal data. “Personal information handling business operators” must make these corrections without delay, unless there is a legal limitation. Once the data has been corrected, the individual must be informed and provided with the contents of the update. Alternatively, if a decision is made to not make the correction, the employee must be informed of that decision.

When individuals identify that (a) their data is being mishandled in violation of the privacy provisions, (b) there is reasonable fear of infringement of their personal data right(s), (c) there has been a data breach or, (d) applicable data is no longer necessary for the purposes for which it was collected, they can request that the employer stops processing or deletes their information (they can also request that their data is no longer provided to a third party).

Companies should make the updates requested unless it’s a large expense or it’s difficult to comply with the request and alternative actions have been taken to protect the individual. Individuals should be informed of any actions taken or if no action will be taken.


HR Best Practices: Employers should establish official procedures and contacts to handle employee requests, including corrections and deletions (where possible). When processing an access request from an employee, make sure not to disclose information connected to other employees.


UKG's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where UKG's customers have employees. HR Compliance Assist is a service exclusively available to UKG customers.

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