FAQ: private business Treatment
- Q & amp; A is added at any time.
- At the end of each response, (Response in X, 20 xx) is indicated. Some responses were made before August 2021, but these responses were made on the Digital Agency website before the establishment of the Cabinet Office.
4-1 General
Q4-1-1 Does private business also handle My Number (Individual Number)?
A4-1-1
In private business, it is also necessary to obtain the My Number of employees and their dependents, enter it in the tax withholding slips of employment income or the notification of acquisition of insured status of social insurance, and submit it to the public authorities.
In addition, it is necessary to include the My Number on payment records prepared by securities companies and insurance companies, payment records for manuscript fees, etc.
(Updated June 2014)
Q4-1-2 Where can I check the forms (records and notification documents) in which My Number needs to be entered?
A4-1-2
The details are specified by the Ministerial Ordinance on Social Security, National Tax, Local Tax, disaster risk management, etc. Forms related to national and local taxes are published on the websites of the National Tax Agency and Ministry of Internal Affairs and Communications, and the forms of notification documents related to social security are published on the website of Ministry of Health, Labor and Welfare.
(Updated June 2023)
Related Links
- Information on the National Tax Number System (National Tax Agency Website)
- Use of My Number in the Local Tax Field (Ministry of Internal Affairs and Communications website)
- My Number System Information on the Social Security Field (Ministry of Health, Labor and Welfare Website)
Q4-1-3 Can I use my My Number to manage my employees' and customers' information?
A4-1-3
The My Number may not be used for administrative procedures other than those specified by social security system or regulation, such as law, tax system, and disaster response. In addition, except for cases in which the My Number is necessary for these procedures, private business may not request employees or customers to provide the My Number, nor may it provide or collect or store a specific personal data (a personal data that includes the My Number (see Q5-6)).
In addition, it is possible to confirm the identity of a customer using a My Number Card (Individual Number Card) as an identification card in administrative work other than the procedures specified by law or regulation, but in that case, it is not possible to copy or make a copy of the My Number printed on the back of the My Number Card.
In addition, when presenting a My Number Card as an identification document, it is considered that it does not violate the provisions of the My Number Act, such as restrictions on the provision of My Number, if the My Number on the back of the My Number Card is unintentionally seen or the My Number on the back of the My Number is unintentionally seen.
(Updated June 2023)
Q4-1-4: Can I entrust or re-entrust the business of handling my number?
A4-1-4
It is possible to entrust all or part of the business of handling My Number. In addition, a person who has been entrusted with the business may re-entrust all or part of the business only with the permission of the person who first entrusted the business.
In the case of entrustment or re-entrustment, the person who has been entrusted or re-entrusted must be subject to the necessary and appropriate supervision so that the safety of the personal data can be maintained. The person who has been entrusted or re-entrusted has the same obligation as the person who has been entrusted to appropriately handle the My Number.
(Updated June 2023)
Q4-1-5 Do small business operators have to handle My Number and take measures to protect a specific personal data?
A4-1-5
Small-scale business operators will also be required to handle their employees' My Number through procedures such as social security and tax stipulated by law, and it is necessary to take measures to protect personal data as explained in Q4-4-1. The obligations of My Number Law My Number Law apply to all business operators regardless of scale.
(Updated November 2017)
4-2 Acquisition of My Number
Q4-2-1: By when do I need to obtain My Number for employees and others?
A4-2-1
Please obtain it no later than the time you submit a legal record stating your My Number to the public authorities.
(Updated June 2023)
Q4-2-2 What procedures are necessary to obtain My Numbers from employees and customers of financial institutions?
A4-2-2
When obtaining a My Number directly from the Principal in writing (including electromagnetic records), please clearly indicate the Purpose of Use to the Principal and ensure strict identification to prevent spoofs to others. Please refer to Q4-2-3 for clarification of the Purpose of Use and "4-3 Identity Confirmation" for Identity Confirmation.
(Updated June 2023)
Q4-2-3 When I obtain an employee's My Number, do I have to clearly indicate the purpose of use? Also, where is it stipulated in the My Number Act?
A4-2-3
As stated in Q5-7, unless there are special provisions in the My Number Law , the personal data Protection Act also applies to Specific personal data (personal data whose content includes the My Number (see Q5-6)). Therefore, when obtaining the My Number directly from the Principal in writing (including electromagnetic records), the Purpose of Use must be clearly indicated to the Principal pursuant to Article 21, Paragraph 2 of the said Act.
It is possible to clearly indicate multiple Purposes of Use collectively.
(Updated June 2023)
Q4-2-4: What is the appropriate method for notification, etc. of the purpose of use of My Number?
A4-2-4
The method of notification of the purpose of use of the My Number may be, in addition to the presentation of documents, notification on the internal LAN, but in accordance with Article 21 of the personal data Protection Act and guidelines, etc. related to the said Act, it is possible to use the same method as that used for the acquisition of personal data.
(Updated June 2023)
Q4-2-5 Is it possible to use a specific personal data acquired for one Individual Number-related office work for another Individual Number-related office work?
A4-2-5
The use of the My Number for administrative work that was not specified as the Purpose of Use at the time of receiving the My Number will be the use of the My Number beyond the Purpose of Use specified in advance. In order to use the My Number for the relevant administrative work, it is necessary to clearly indicate the Purpose of Use and receive the My Number from the Principal again, or to change the Purpose of Use and notify or publicize the changed Purpose of Use to the Principal.
In cases where the Purpose of Use may be changed, Article 17, Paragraph 2 of the personal data Protection Act provides that "A personal data handling business operator shall not change the Purpose of Use beyond the scope reasonably deemed to be related to the Purpose of Use prior to the change."
In addition, as described in Q4-2-3, when obtaining a My Number from an employee, it is acceptable to obtain and use the My Number by comprehensively clarifying the purpose of administration and use of the My Number, such as withholding tax and health insurance procedures.
(Updated June 2023)
Q4-2-6 When stating the My Number on related documents such as taxes and social security, it is necessary for business operators to obtain the My Number from employees, etc. In this case, if employees, etc. refuse to provide the My Number, what should be done?
A4-2-6
Please make it known that it is the duty of social security system or tax system to include the My Number on the documents designated by law or regulation, and request the provision of the My Number. If you are still unable to receive the provision, please follow the instructions of the organization to which the documents are submitted.
(Updated June 2023)
Related Links
- FAQ on Statutory Records (National Tax Agency Website)
Q1-2 What should I do if I am unable to receive my My Number (Individual Number) from an employee or a payee of a lecture fee? - FAQ on Identity Confirmation (National Tax Agency Website)
Q2-8 What should I do if I cannot receive the presentation of the number confirmation document when I receive the My Number (Individual Number) from an employee, etc.? - Ministry of Health, Labor and Welfare My Number Special Site (Ministry of Health, Labor and Welfare Website)
- Leaflet "To Business Owners (Notice from HelloWork)" FAQ Q2 What should I do if my My Number is refused by my employees? (Ministry of Health, Labor and Welfare website)
Q4-2-7 At the Company, where business sites are widely dispersed and several to several hundred employees work at each business site, normal clerical work is handled by (1) the Administrative Center, which is concentrated in each area (several to several dozen administrative staff members are assigned), and (2) the Administrative Department of each business site (several administrative staff members are assigned). In this case, is it okay to designate each of the Administrative Centers and Administrative Departments in (1) and (2) as a "person in charge of clerical work" and have them acquire the My Number?
A4-2-7
As an internal rule, there is no problem if you clarify the person in charge of handling affairs, who is in charge, and who checked it. Please put in place a system that allows the company to check it when necessary.
(Response in September 2015)
Q4-2-8 The scope of submission of payment records for real estate usage fees, etc. is that the total amount of payment to the same person during the year exceeds a certain amount specified by the Income Tax Act. If the total amount does not exceed the certain amount, is it possible to request the provision of the My Number?
A4-2-8
With regard to real estate lease contracts, it is usually considered that the amount to be paid within the year is already clear at the time of conclusion of the contract, such as the monthly rent being specified in the terms of the contract. Therefore, if it is clear at the time of conclusion of the contract that the total amount of rent for the year does not exceed a certain amount specified by the Income Tax Act due to the terms of the contract, it is considered that submission of a payment record is unnecessary, and it is not possible to request the provision of the My Number at the time of conclusion of the contract.
On the other hand, since the contract was concluded in the middle of the year, even if it is not necessary to submit the payment record for the year, if it is necessary to submit the payment record for the following year, it is understood that the provision of the My Number can be requested for the preparation and submission of the payment record for the following year.
(Response in September 2015)
Q4-2-9 If the amount of payment is not fixed at the time of conclusion of the contract and it is not clear whether or not the payment record needs to be submitted, can I request the provision of My Number at the time of conclusion of the contract?
A4-2-9
Based on the legal relationship, etc. with the customer, it is understood that the My Number can be provided at the time of conclusion of the contract in the case that clerical work related to Personal Numbers is expected to occur. If it becomes clear later that clerical work related to Personal Numbers will not occur, it is necessary to dispose of or delete the My Number as soon as possible.
(Response in September 2015)
Q4-2-10 When I open a so-called "general account (securities account / investment trust account)" instead of a specified account in order to trade stocks and investment trusts, can I request the provision of my number at the time of opening the account?
A4-2-10
You open a securities account or an investment trust account in order to conduct transactions in stocks and investment trusts, and it is assumed that administrative work related to personal identification numbers will occur based on transactions in stocks and investment trusts in the future at the time of opening the account. Therefore, it is understood that you can request the provision of your My Number at the time of opening the account even for so-called "general accounts."
(Response in September 2015)
Q4-2-11 Can temporary staffing agencies request the provision of the My Number of the registrant at the time of temporary staffing registration?
A4-2-11
In principle, it is not possible to request the provision of the My Number of the registrant because it is not yet determined whether or not the registrant will be employed simply by registering with a temporary staffing company, and the occurrence of clerical work related to the My Number is not expected, and it cannot be said that it is necessary to process clerical work related to the My Number, such as clerical work related to withholding of salary.
However, if the opportunity to request the provision of the My Number after confirming the identity of the employee is only at the time of registration, and it is deemed that there is a high probability that an employment contract will be established in the near future, such as determining the salary payment conditions, etc. at the time of actual employment, it is understood that the provision of the My Number may be requested in the same manner as when an employment contract is established.
(Response in September 2015)
4-3 Identity Verification
Q4-3-1: How can I confirm my identity when I obtain an employee's My Number? In addition, how can I confirm my identity when I obtain my number by a method other than face-to-face contact (by mail, online, or phone)?
A4-3-1
When obtaining a My Number, it is necessary to confirm that the number is correct (number confirmation) and that the person who is currently carrying out the procedure is the correct owner of the number (identity confirmation). In principle
- My Number Card (Number Verification and Identification)
- Notification card (*) (number verification) and driver's license card, etc. (identity verification)
- Copy of Resident Record with My Number (Number Verification) and driver's license card (Identity Verification)
However, if it is difficult to use these methods, it is also acceptable to use a file created by confirming the identity of the person in the past to confirm the number. In addition, if the person in charge of the affairs using the Personal Identification Number admits that it can be clearly determined that the person is the person himself / herself due to the fact that he / she is in an employment relationship, etc., it is also acceptable to not require the identification.
In addition to face-to-face contact, number confirmation and identity confirmation are also required when obtaining My Number by mail, online, or phone. For details, please see Identity Verification Measures (PDF / 832 kb) (updated on July 1, 2024).
When a copy of the My Number Card is submitted when obtaining the My Number, the front side includes advanced personal data such as the indication of intention to donate organs column, so it is possible to make a copy with the card in the card case provided at the time of Issue of the My Number Card. However, please note that the back side must be a copy with the My Number displayed.
* The "notification card" was abolished on May 25, 2020. However, the notification card can still be used as a number confirmation document only if the name, address, etc. stated on the notification card match the matters stated in the resident record.
(Updated February 2024)
Q4-3-2: Is it acceptable for a resume to be the only document used for identification at the time of employment in the case of an employment relationship?
A4-3-2
A curriculum vitae alone is not sufficient for confirmation of identity at the time of employment. At the time of employment, it is necessary to confirm with an identification document (driver's license card, student ID with photo, etc.) that is equivalent to those specified by the My Number Law , and the Tax Act, or those specified by the National Tax Agency Notice.
(Response in September 2015)
Q4-3-3 Do I need to have a copy of my identification paper of the person submitted when I obtain my My Number?
A4-3-3
In order to confirm your identity when you obtain your My Number in person, in principle, you need to have your identification document "presented." Therefore, it is not necessary to request a copy of your identification document from the payee of the lecture fee.
In order to confirm your identity when you obtain your My Number by mail, it is necessary to send a copy of your identification document by mail.
In addition, in order to confirm your identity when you obtain your My Number online, it is possible to send a copy of your identification document by email, etc., or use your Public Personal Authentication.
For details, please see Identity Verification Measures (PDF / 832 kb) (updated on July 1, 2024).
(Updated June 2023)
Q4-3-4 How do I verify my identity if I receive my My Number from a proxy?
A4-3-4
When receiving a My Number from a proxy, it is necessary to confirm three things: (1) the power of representation, (2) the identity of the proxy, and (3) the number of the person. In principle
- For confirmation of the authority of representation, a family registry copy, etc. shall be used in the case of a legal representative, and a power of attorney shall be used in the case of an authorized representative.
- Verification of the identity of the agent is required for the agent's My Number Card, driver's license card, etc.
- To confirm your number, you can use your My Number Card, a copy of your certificate of residence with your My Number, or a notification card (*).
However, if these methods are difficult, other methods are also acceptable. For details, please see Identity Verification Measures (PDF / 832 kb) (updated on July 1, 2024).
* The "notification card" will be abolished on May 25, 2020, but the notification card can continue to be used as a number confirmation document only if the name, address, etc. stated on the notification card match the matters stated in the resident record.
(Updated May 2020)
Q4-3-5: Do I need to verify the identity of the retiree pensions beneficiary?
A4-3-5
Even if you are a retiree pensions recipient, you must verify your identity if you or your representative provides you with your My Number.
It is possible to receive your My Number by mail, online, or telephone, but in that case, you will also need to confirm your identity (see Q4-3-1 and Q4-3-4).
In addition, it is possible to entrust administrative work to verify identity (see Q4-3-7).
(Updated July 2014)
Q4-3-6 Do I have to verify my identity each time I receive my My Number?
A4-3-6
It is necessary to verify your identity each time you receive your My Number. For example, if you ask your employees to submit an application for exemption for dependents stating their My Number every year, it is necessary to verify your identity each time. However, if it is difficult to obtain a My Number Card, a copy of the certificate of residence containing your My Number, or a notification card (*), you may verify your My Number for the second and subsequent times by checking against the record of the My Number obtained by the business operator after verifying your identity for the first time.
In addition, with regard to identification, if the person in charge of affairs using Individual Numbers deems that it is clearly possible to determine that the person is the Principal based on the fact that they are in an employment relationship, etc., it is not necessary to present documents for identification.
* The "notification card" will be abolished on May 25, 2020, but the notification card can continue to be used as a number confirmation document only if the name, address, etc. stated on the notification card match the matters stated in the resident record.
(Updated May 2020)
Q4-3-7: Can I entrust the work of obtaining my My Number and verifying my identity?
A4-3-7
Outsourcing is possible, but it is necessary to exercise necessary and appropriate supervision over the trustee pursuant to Article 11 of the My Number Law . When the trustee acquires the My Number from the Principal, it is necessary to clearly indicate the purpose of use, such as for what kind of administrative work the assignation firm will use the My Number.
(Updated June 2023)
Q4-3-8 When I obtain a My Number for a dependent of an employee, does the business operator have to verify the identity of the dependent?
A4-3-8
The identification of dependents differs depending on who is required to provide the My Number of the dependent in each system. For example, in the year-end tax adjustment, an employee is required to provide the My Number of the dependent to the employer, so the employee needs to verify the identity of the dependent as a person in charge of clerical affairs related to personal numbers. In this case, the employer does not need to verify the identity of the dependent.
On the other hand, in order to notify the third insured person of the National pensions, the spouse of the employee (third insured person) himself / herself needs to notify the employer, so the employer needs to confirm the identity of the said spouse. Normally, it is expected that the employee will notify the employer on behalf of the spouse, but in that case, the employee will provide the My Number as the representative of the spouse, so the employer needs to confirm the identity of the person who receives the My Number from the representative.
It is also possible for the business operator to entrust the work of verifying the identity of the employee by receiving the My Number from the spouse to the employee.
(Response in July 2014)
Q4-3-9: Can I copy the identification documents (My Number Card, notification card, identification documents, etc.) that I have been presented with when I take measures for identity verification under the My Number Act and store them in the office?
A4-3-9
If you receive a copy of your identification document when you obtain your My Number, you may retain the copy to keep a record of your identification, but you must take appropriate security control measures. However, after performing the necessary procedures, you should promptly dispose of the identification document when it becomes unnecessary.
(Updated June 2023)
Q4-3-10 If there are errors in the My Numbers collected and provided, will the business operator, who is the person in charge of the clerical affairs related to Personal Identification Numbers, be responsible?
A4-3-10
There are no penal provisions for cases in which there is an error in the My Number. However, under Article 16 of the My Number Law Protection Act, it is mandatory to make efforts to ensure the accuracy of the My Number. Article 22 of the personal data Protection Act, it is mandatory to make efforts to ensure the accuracy of the My Number.
(Updated June 2023)
Q4-3-11 If I pay a lecture fee to a lecturer and use it for the preparation of a payment record of remuneration, fees, contract money, and prize money continuously in the next year and beyond, do I need to confirm my identity?
A4-3-11
The My Number provided for the preparation of the payment record of the remuneration, fees, contract money, and prize money associated with the payment of the lecture fee in the previous year can be used for the preparation of the payment record of the remuneration, fees, contract money, and prize money associated with the payment of the lecture fee continuously after the next year. Therefore, it is not necessary to confirm the identity again.
However, if you want to receive your My Number again due to a change in your number, you need to confirm your number and identity.
(Response in September 2015)
4-4 Use and Safety Management
Q4-4-1 Is there anything I should be aware of when private business handles My Number?
A4-4-1
You may not use your My Number beyond the scope of use specified by law or regulation, nor may you indiscriminately request the provision of your My Number, or provide, collect, or store a specific personal data (a personal data whose content includes your My Number (see Q5-6)). In addition, when handling your My Number, you must take necessary measures to appropriately manage your My Number, such as preventing its leakage, loss, or damage. For specific measures, refer to the Guidelines (Personal Information Protection Commission website) from Personal Information Protection Commission.
In addition to receiving guidance, advice, recommendations, and orders from personal data in the case of inappropriate handling of Specific Personal Information Protection Commission, the provision of Specific personal data Files (personal data Files containing My Number (see Q5-6)) that contain personal secrets handled in the course of business without justifiable grounds will be subject to punishment (see Q5-10).
(Updated June 2023)
Q4-4-2: Is it necessary to conduct the Specific personal data Protection Assessment for private business?
A4-4-2
The Specific personal data Protection Evaluation is an evaluation conducted by a person who intends to retain the Specific personal data File (see Q5-6) on the risks and effects of leakage of Specific personal data.
(1) public authorities, (2) local governments, (3) Incorporated Administrative Agencies, etc., (4) Local Incorporated Administrative Agencies, (5) local governments Information Systems Agency, and (6) business operators engaged in information linkages (refers to those listed in Appendix 2 of the My Number Law My Number Act other than (1) to (5), and to be specific, health insurance societies, etc.) are obliged to conduct Specific personal data Protection Evaluation.
Therefore, except for health insurance societies that conduct information linkages, it is not necessary for private business to conduct Specific personal data Protection Evaluation. However, this does not preclude personal data from conducting Specific personal data Protection Evaluation at its discretion. For details on Specific Protection Evaluation, please check the on the Personal Information Protection Commission website.
(Updated June 2014)
Q4-4-3: Instead of managing the My Number of employees and their dependents for each clerical work such as tax and social security, is it possible to newly build a system to manage and collect the My Number and to process clerical work by linking the existing system with the new system?
A4-4-3
As described in Q4-2-3, it is necessary to clearly indicate the purpose of use when obtaining My Numbers from employees, and it is necessary to take measures such as controlling the cooperation with existing systems so that My Numbers cannot be used beyond the scope of the purpose of use.
(Updated June 2014)
Q4-4-4: Does "clarification of persons in charge of handling clerical affairs" need to be clarified by individual names, such as clarification by roles, affiliations, etc.?
A4-4-4
It is considered sufficient to clarify the person in charge by the name of the department (○ ○ Division, ○ ○ Section, etc.), the name of the office work (○ ○ Person in Charge of Office work), etc. However, if the scope of the person in charge of office work cannot be clarified by the name of the department, etc., it is considered necessary to designate a person in charge of office work.
(Response in September 2015)
Q4-4-5: Is it acceptable to review the existing Handling Regulations for the Protection of personal data and add the treatment of Designated personal data instead of creating a new Handling Regulations for the Protection of Designated personal data?
A4-4-5
If there are existing Handling Regulations, etc. related to the protection of personal data, it is considered possible to add the treatment of specific personal data.
(Response in September 2015)
Q4-4-6 Is it necessary to request the provision of the My Number each time a new contract is concluded, even if the My Number of the customer is legally stored?
A4-4-6
If the My Number is legally stored within the scope of the initially specified purpose of use, it can be used for Personal Number related affairs that arise based on a new contract without receiving the My Number again.
(Response in September 2015)
Q4-4-7 Business operators will obtain My Numbers from their employees and use them for administrative operation, such as tax and social security, but do they have to stipulate how they are handled in their work rules?
A4-4-7
In order to complete the procedures for tax system, social security system, etc. specified by law or regulation, it is necessary for business operators to obtain My Numbers from employees after clearly indicating the Purpose of Use. As a method for this, as in the case of acquisition of personal data, which has been conducted in the past, in addition to notification on the internal LAN and presentation of documents stating the Purpose of Use, it is possible to clearly state it in the employment rules.
In addition, stipulating the handling of My Number in the employment rules is only one method, and as a well-known method, it is not necessary to stipulate it in the employment rules. However, we would like each business operator to make a decision on which method to adopt.
In addition, regarding the relationship between the My Number and the labor-related law, please check the material prepared by Ministry of Health, Labor and Welfare, "We request the cooperation of business owners and employees in listing the My Number (Personal Identification Number) on social security and tax procedure documents." (Ministry of Health, Labor and Welfare website) .
(Updated June 2023)
4-5 Provision of My Number
Q4-5-1 In the case of secondment or transfer to subsidiaries, is there any problem in providing the specific personal data (personal data including My Number) of employees to the place of secondment or transfer?
A4-5-1
My Number Law of the My Number Act, in the case where an employee has been temporarily transferred or transferred to another business operator, if the consent of the employee is obtained, the specific personal data of the employee may be provided from the business operator prior to the temporary transfer or transfer to the business operator to which the employee has been temporarily transferred or transferred to the extent necessary to process the clerical affairs related to the personal identification number.
In addition, a business operator prior to secondment or transfer is required to obtain the consent of the relevant employees after determining the destination of the secondment or transfer of the relevant employees, after clarifying the specific destination of the specified personal data.
(Updated June 2023)
Q4-5-2: Can I provide my My Number to the successor of the business when the business is succeeded due to a merger or other reasons?
A4-5-2
Business succession due to a merger, etc. falls under Article 19, Item 6 of the My Number Law My Number Act, and the My Number may be provided to the successor of the business.
(Updated June 2023)
Q4-5-3 Is it acceptable for the employer to provide the My Number of the employee and his / her dependents to the health insurance society to which the employee belongs?
A4-5-3
Under the Health Insurance Act and other law regulations, if an employer is required to provide My Numbers of employees and their dependents to a health insurance society, it is possible for the employer to provide My Numbers to the health insurance society, which is the person in charge of clerical affairs using My Numbers, because the employer is the person in charge of clerical affairs related to My Numbers.
When a business operator acquires a My Number from an employee, it is necessary to clearly indicate that the My Number will be used for Personal Number related affairs related to health insurance.
(Updated June 2023)
Q4-5-4 What should be done in the case of spin-off?
A4-5-4
In the case of a spin-off, there is no need for reacquisition, and it is possible to provide the acquired specified personal data to the extent necessary. Article 19, Item 6 of the My Number Law provides that the restriction on provision will be lifted "when the specified personal data is provided due to the entrustment of all or part of the handling of the specified personal data or the succession of businesses due to mergers or other reasons," and the case of spin-off is included in this provision.
(Updated June 2023)
Q4-5-5 While efficiency is being achieved by managing human resources information and operating business operations throughout the Group, it is inefficient to manage My Number alone on an individual company basis within the Group. Please tell us the reason why it is considered to be on an individual company basis within the Group.
A4-5-5
My Number Law of the My Number Act, movement across a organization or individuals, such as from a person to a corporation or from a corporation to a corporation, is classified as "provision to a third party." Under the personal data Protection Act, shared use is allowed, but under the My Number Act, shared use based on Article 27, Paragraph 5, Item 3 of the personal data Protection Act is not allowed. Even if a company is within the Group, it falls under the category of provision to a third party if it is a separate company, so it cannot be provided unless it is permitted under Article 19 of the My Number Act. However, the handling of My Number can be outsourced. For example, it is possible to outsource the handling of My Number to the head office of the Group, and the head office verifies the identity of the person and receives the provision from the head office based on Article 19, Item 6 of the My Number Act.
(Updated June 2023)
Q4-5-6 Can I use the tax withholding slips of employment income on which the My Number is listed for borrowings related to the acquisition of housing (housing loans)?
A4-5-6
On October 2, 2015, Article 93 of the Ordinance for Enforcement of the Income Tax Act was amended to amend the Issue of employment income for the tax withholding slips of the employee himself / herself. Under this amendment, the employee shall receive the Issue of the tax withholding slips on which the My Number of the employee himself / herself and his / her dependents is not listed.
If the personal data on which the My Number based on the disclosure request under Article 33 of the tax withholding slips Protection Act is listed is used for borrowings related to the acquisition of housing (housing loans), etc., it is necessary to take measures such as masking the My Number portion to the extent that it cannot be restored.
(Updated June 2023)
Q4-5-7 If I do not enter my My Number, can I send a copy of the payment record to the person in question?
A4-5-7
If all My Numbers, including the My Number of the Principal, are not entered or are masked to the extent that they cannot be restored, they will not be subject to the provision restrictions under the My Number Law My Number Act. Therefore, it is possible to send a copy of the payment record, etc. to the Principal without requesting disclosure pursuant to Article 33 of the personal data Protection Act.
(Updated June 2023)
4-6 Disposal of My Number
Q4-6-1 Please tell us the timing of disposal of employee My Numbers.
A4-6-1
When it is no longer necessary to process Personal Identification Number related affairs and the retention period specified by the law has elapsed, the My Number must be disposed of or deleted as soon as possible.
In addition, the period from the time when the disposal is required to the time when the disposal operation is performed shall be determined by the business operator in consideration of the security and administrative efficiency related to the possession of the My Number and the specified personal data, such as the disposal being performed at the end of each fiscal year.
(Response in September 2015)
Q4-6-2: How long is the allowable period between the time when the My Number needs to be disposed of and the time when the disposal work is performed?
A4-6-2
The period from the time when disposal becomes necessary to the time when the disposal work is carried out shall be determined by the business operator in consideration of the security and administrative efficiency, etc. related to the retention of the My Number and the specified personal data, such as the disposal being carried out at the end of each fiscal year.
(Response in September 2015)
Q4-6-3: Is it possible to delete the My Number when the contractual relationship ends in order to avoid the time limit management of the storage period of the My Number?
A4-6-3
If it is required to be stored for a certain period of time by the competent law, it is considered that it is not possible to delete it at the time when the contractual relationship is terminated.
(Response in September 2015)
4-7 Penalties
Q4-7-1 Will penalties be applied even if My Number or a specific personal data has been unintentionally leaked (e.g., information has been leaked due to a cyberattack, etc.)?
A4-7-1
In the case of leakage of My Number or specific personal data due to negligence, penalties will not be applied immediately. However, depending on the mode of leakage, guidance, advice, recommendations, and orders may be received from Personal Information Protection Commission, and penalties may be applied in the case of violation of orders. The above is a case of criminal punishment, but in a civil case, there is a possibility that a claim for damages may be filed even if it is due to negligence.
(Updated June 2023)
Reference
The interpretation and application of criminal laws and regulations are the authority of the court and investigative authorities, so it is a general rule. However, in the event of the leakage of a specific personal data, if it falls under the constituent requirements prescribed in Articles 48 to 57 of the My Number Law , it may be punished. These penalties do not satisfy the constituent requirements unless they are intentional.
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