What security obligations are imposed on data controllers and data processors?
Security requirements may not always be included in the data protection law, but are key to guaranteeing lawful processing of personal data. The entity processing the data must take all useful precautions with respect to the nature of the data and the risk presented by the processing, to preserve the security of the data and prevent alteration, corruption or access by unauthorized third parties.
Under Japan’s Amended Act on the Protection of Personal Information (2016) businesses are expected to take all appropriate and necessary actions to secure personal data and prevent leaks, damage and loss. This includes supervising employees and other entrusted persons who handle personal data. While the Act doesn’t outline specific requirements, the Guidelines include key measures that should be taken to secure personal information:
- Organizational security measures – establish an organizational system to process personal data
- Personnel security measures – include employee personal data protection training
- Physical security measures – consider creating zones where personal data is processed
- Technical security measures – implement security controls including limiting access to who may access personal data