IPA IP 2024 Question 27

Topic: Legal Affairs

A question IPA Japan published in 令和6年度 ITパスポート試験 公開問題 問27, translated into English. ITPEC is based on the same exams.

The Act on the Protection of Personal Information stipulates acts by which personal data may be provided even without obtaining the consent of the person in advance. Which of the following lists all and only the cases that correspond to these acts?

AHaving seen the employee ID card that a person who was unconscious due to an accident was carrying, the hospital to which the person was taken called the person’s company, so the person in charge of general affairs gave the person’s home telephone number.BHaving been asked by an employee of an insurance company who wanted to solicit new subscribers, the person in charge of general affairs handed over a list of the names and departments of new employees.CIn response to a request based on laws and regulations from an investigative agency that is promoting measures to prevent similar crimes, the person in charge of general affairs provided personal information about victims of financial crimes such as fraudulent remittances.

Explanation

A and C — both fall under the exceptions in which Japan's Act on the Protection of Personal Information allows personal data to be provided to a third party without the person's prior consent.

As a rule the Act requires the person's consent in advance before personal data is given to a third party. It lists exceptions, among them:

  • •the provision is based on laws and regulations;
  • •it is necessary to protect a person's life, body or property and the person's consent is difficult to obtain;
  • •it is needed for public health, or to cooperate with a government body carrying out duties prescribed by law.

A: the person is unconscious after an accident, so consent cannot be obtained, and the hospital needs to reach the family to protect the person's life and body. C: the information is provided at a request based on laws and regulations from an investigative agency. B: handing a new employees' list to an insurance salesperson for solicitation is provision for a third party's marketing and needs consent.

Answer (b)

Why not others:

  • •(a) A and (d) C — each leaves out one of the two exceptions
  • •(c) B, C — includes B, which is an ordinary third-party provision for sales purposes and needs consent

Key rule: Third-party provision needs prior consent, except where it is based on law or protects life, body or property when consent is hard to get, and a few similar public-interest cases.

Legal Affairs · AI-written, may contain errors

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This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.