JapanTelecommunications Business Act, Report of Service Stoppages and Significant Accidents
Telecommunications Business Act (電気通信事業法, Act 86 of 1984), Art. 28
In force since .
A vulnerability and incident reporting rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Reporting
As of .
What it requires
- Applies to a telecommunications carrier under the Act; reached by declaring that you provide telecom services.
- Report to the Minister of Internal Affairs and Communications, without delay and with the reason or cause, any partial suspension of your telecommunications business made under Article 8(2) and any leak of the secrecy of communications or other significant accident the ministerial order names (Article 28(1)).
- Report to the Minister, without delay and with the reason or cause, any situation the ministerial order names as likely to lead to such an accident (Article 28(2)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Article 188 punishes the violations it lists, among them failing to make, or falsely making, the Article 28(1) report, with a fine of up to 300,000 yen.
Penalty structure
Article 188 sets a fine of up to 300,000 yen for the violations it lists.
- Rule
- Fixed only
- As of
- Currency
- JPY
- Fixed cap
- 300,000
Who enforces it
Enforcement body
The Minister of Internal Affairs and Communications, who receives the reports.
Settledness
- As of
- Open questions
- Which accidents count as significant for the Article 28(1) report, a threshold the ministerial order sets and this row does not state?
What this law does
Article 28(1) of the Act requires a telecommunications carrier to report to the Minister of Internal Affairs and Communications without delay, with the reason or cause, a leak of the secrecy of communications or another significant accident the ministerial order names. Article 28(2) requires a carrier to report without delay, with the reason or cause, a situation the ministerial order names as likely to lead to such an accident.
A fine of up to 300,000 yen punishes the violations listed in Article 188 of the Act. One listed violation is failing to make, or falsely making, the report that Article 28(1) requires. The Act took effect on .
When LexLint raises it
When your app profile says your app provides telecom services.