"Survey Report on Foreign Systems that May Affect the Proper Handling of Specified User Information"

Our firm was engaged by the Ministry of Internal Affairs and Communications (MIC) to conduct a "Survey on Foreign Systems that May Affect the Proper Handling of Specified User Information" and submitted a report to the MIC. MIC's websites related to the survey are as follows.

 

 

The countries/regions covered by the survey, the survey period, the survey items, and the person in charge are as follows.

 

1．Countries/regions covered by the survey (41 countries/regions)

(1) United States (federal laws, Illinois state laws, California state laws, New York state laws)

(2) United Arab Emirates (federal laws, ADGM, DHC, DIFC)

(3) Israel

(4) India

(5) Indonesia

(6) Ukraine

(7) United Kingdom

(8) Australia

(9) European Union

(10) Italy

(11) Netherlands

(12) Spain

(13) Germany

(14) France

(15) Qatar

(16) Canada

(17) Cambodia

(18) Costa Rica

(19) Singapore

(20) Switzerland

(21) Thailand

(22) Korea

(23) Taiwan

(24) China

(25) Tunisia

(26) Turkey

(27) New Zealand

(28) Panama

(29) Philippines

(30) Brazil

(31) Vietnam

(32) Peru

(33) Hong Kong

(34) Malaysia

(35) South Africa

(36) Myanmar

(37) Mexico

(38) Morocco

(39) Mongolia

(40) Laos

(41) Russia

 

2.  Survey period

June to December 22, 2023

 

3. Survey items

(1) Whether or not a system exits that enables the government to collect specified user information held by telecommunications carriers ("Information Collection System")

(2) Articles (original text and Japanese translations of relevant parts) concerning the handling of information under laws and regulations regarding the Information Collection System (including the Constitution, telecommunications-related laws and regulations, and other laws and regulations (regarding human rights, personal information, criminal law, counter-terrorism, etc.)

(3) Published materials such as interpretations of laws and regulations, operational guidelines, and private-sector guidelines concerning the Information Collection System (original text and Japanese translations of relevant parts)

(4) Other information related to the interpretation and operation of the Information Collection System

(5) Views on the existence of a system that may materially affect the rights and interests of users in relation to specified user information

 

4. Survey members (39 persons)

Fumiaki Matsuoka (Partner)

 

Osamu Fujiwara (Partner)

 

Partners: Takafumi Ochiai, Takashi Tezuka, Mitsuru Misawa, Wataru Kamihigashi, Toshiaki Takahashi, Kentaro Minato, Youngseop Song and Nicholas J. Casson*

Of Counsel: Feng Qin Chen**, Katsunori Irie, Jun Kashio, Ciaran Rose**, Tatsuya Kakihara and Tomotaka Tokuno

Associates: Tetsuma Sawaguchi, Keisuke Miyanishi, Cheng Li**, JungHwa Ryu***, Sho Tsuzuki, Yuka Nakanishi, Keita Hitomi, Takanori Gondo, Masanari Katsumi****, Daisuke Omote, Shintaro Hoshino, Shawn Huang**, Naoyuki Inui, Taisuke Oikawa, Hanae Kanzaki,  Issei Matsuda, Sejin Lim, Reisuke Makuta, Tsubasa Anda, Shinichi Nozaki and Takahiro Yokoyama 

Frankfurt Affiliate Office: Frank Becker** and Burak Kara**

 

*Atsumi & Sakai is not regulated by the Solicitors Regulation Authority for England and Wales.

**Not Registered as a Foreign Lawyer in Japan.

***Member of A&S at the time of the survey.

**** Member of A&S at the time of the survey, but not registered as a registered foreign lawyer in Japan while belonging to A&S.