When a central administrative agency head demands data from a personal information processor, what must the demand be tied to, and what latitude does the recipient have not to comply?
General information · Not legal advice
Material to check
In a practice file, we read the written demand from the agency head, checking what data it asks for and on what purpose it relies. Papers showing that the recipient is a personal information processor in the head's sector matter, because the provision makes that a condition on the target of the demand.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the demand as the agency head's own power: to establish and promote the enforcement plan in the head's sector efficiently, the head may require personal information processors in that sector to submit the kind of data paragraph one covers, such as their statutory compliance and personal information management status, and the person so required shall comply unless special circumstances exist.
Another reading notes two limits the provision attaches: the head may demand only data submission etc. as provided in the first paragraph, not data at large, and 'unless special circumstances exist' is undefined in the text, while the scope and method of the demand are fixed by presidential decree rather than by this provision itself.
Your judgment
If a recipient refuses on the ground of special circumstances, what in the file could show those circumstances to the agency?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to define special circumstances or to fix the demand's scope and method itself, or if a court decision explains when a recipient may lawfully decline a demand.