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Employment background checks have gained popularity in Japan, but tend to more limited in terms of scope. In particular, employers commonly check an individual's academic and employment history (and to some extent references), but typically do not verify other details such as financial information unless directly related to the position.
Japan's Act on the Protection of Personal Information, "APPI" - (Act No. 57 of 30 May 2003), Act on the Protection of Personal Information Held by Administrative Organs (Act No. 95 of 1988 of 30 May 2003 as amended) and the Act on the Protection of Personal Information Held by Independent Administrative Agencies all address personal data collection, use and processing.
The APPI was amended in 2015 by the Amended Act on the Protection of Personal Information. The amendments go into effect May 30, 2017, and the law's requirements will now also apply to small business operators handling 5,000 or less items of personal information (who were previously exempt from compliance).
Under the Amendments, the definition of personal information has been expanded to include information recorded, expressed orally or via an electronic record. The definition also covers "individual identification code" which includes information such as driver's license numbers, passport numbers, individual identification numbers, facial recognition data and fingerprint information. Sensitive personal information is now defined under the Amendments as well and includes race, religion, medical history and other personal information which has potential to result in unjustifiable discrimination or prejudice.
Both the original APPI text and the Amendments require business operators to clearly identify and communicate the purpose behind personal information collection and obtain consent from the individual. Prior consent is also required if collecting sensitive personal information. Before transferring personal data to a third party (especially if the third party is in another country that is not considered adequate from a data protection perspective), prior consent should also be obtained.
The Amendments also established the Personal Information Protection Commission which is an independent authority that will monitor and supervise compliance with the law.
For further information, request our Japan Country Data Sheet by calling (877) 360-4636 or completing this form: https://infocubic.com/contact-us/.
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Requirements: Name in Japanese, date of birth, address, release
This search is a proprietary database composed of numerous publicly available sources including media and court records. While not a true criminal search, this database can provide a window into an individual’s past behavior.
The Certificate of Criminal Record in Japan is not available to third parties, but can be obtained by the data subject via an in-person application.
The search is performed via a proprietary database that contains civil litigation records from the Tokyo District Court. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
This search is conducted through the Legal Affairs Bureau. Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.
Requirements: Name in Japanese, date of birth, school name, degree, major, dates attendance, city of school, copy of degree, release form
It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Requirements: Name in Japanese, date of birth, employer name, contact information, release form, date of employment and position
Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame in the absent a legal or regulatory requirement to obtain that information.
Requirements: Name in Japanese, date of birth, Reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
The motor vehicle records search will provide the information regarding driver’s license status, validity and reportable offenses where available.
This search verifies the individual’s claimed license. Most often, the Professional License Verification simply provides the current status of the license claimed; however, other details such as license number, date of issuance, expiration and disciplinary action will be provided when available.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Requirements: Name, date of birth, school name, degree obtained, dates of attendance, city of school, employer name, contact information, dates of employment, position, release form
The employment screening package provides discounted price rather than ordering individual products. It Includes:
Requirements: Name (including former name), dob, address, name in Kanji, release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
Requirements: Name (including former name), dob, address, release
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
In April 2005 Japan enacted the Personal Information Protection Law to govern the handling and release of personal information. Although the provisions do not relate specifically to screening, the act does state that an individual's consent must be obtained in order to release their personal information to a third party. The release of personal information such as for employment and education verifications is governed by the Personal Information Protection Law in Japan which includes a provision that an individual's consent must be obtained prior to releasing their information to a third party. The law however, does not specify what constitutes consent or what evidence must be provided to prove consent. As such employers have interpreted this in varying ways. Some employers will accept the minimum proof of a signed authorization letter, whilst others may require a copy of the subject's ID or even a phone call to HR from the subject to confirm that they have authorized the release of their information. A small number of employers or schools will refuse outright to release any information. Info Cubic will utilize our local researcher network to contact schools or employers. However please be aware additional information might be required by each school and employer due to the reasons described above.
Drug Testing in Japan is relatively new and there is no legislation directly covering if and how a company can drug screen their employees.
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
