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Japan: Basic Act on Cybersecurity Amended

(Dec. 26, 2018) The Diet (Japan’s Parliament) recently passed a bill to amend the 2014 Basic Act on Cybersecurity. ( Act No. 91 of 2018 , KANPOU (official gazette) extra ed. No. 274, at 5 (Dec. 12, 2018), Kanpou website (in Japanese) (amending Basic Act on Cybersecurity, Act No. 104 of 2014, English version available on the Japanese Law Translation website.) The Basic Act aims to promote cybersecurity policy by stipulating basic principles of national cybersecurity policy; clarifying the responsibilities of the national and local governments and other concerned public parties; stipulating essential matters for cybersecurity-related policies such as the formation of cybersecurity strategy; and establishing the Cybersecurity Strategic Headquarters, among other things. (Basic Act on Cybersecurity, Act No. 104 of 2014, art. 1.)
The amendment aims to ensure cybersecurity while Japan hosts the Tokyo Olympics & Paralympics in 2020. (Cabinet Secretariat, Bill to Amend Basic Act on Cybersecurity (last visited Dec. 20, 2018), Cabinet Secretariat website (in Japanese).) Under the amended Act, the government will set up a council that discusses the promotion of cybersecurity measures. The council will consist of national government agencies, local governments, critical information infrastructure operators, cyberspace-related business entities, and educational and research institutions. (Basic Act on Cybersecurity, as amended by Act No. 91 of 2018, art. 17.)
In addition, the amended Act will enable the Cybersecurity Strategic Headquarters to delegate part of its functions by Cabinet order to such entities as the Information-Technology Promotion Agency. The functions to be delegated include establishing standards for cybersecurity measures for national administrative organs; promoting the implementation of evaluative measures, including audits; and coordinating with relevant persons and entities in Japan and abroad when cybersecurity breaches and threats occur. ( Id. arts. 26 & 31.)

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