Memorandum of Cooperation between the Ministry of Internal Affairs and Communications of Japan and the Canadian Radio-television and Telecommunications Commission Concerning the Exchange of Information Relating to Unsolicited Commercial Electronic Messages
The Ministry of Internal Affairs and Communications of Japan (hereinafter called the “MIC”) and the Canadian Radio-television and Telecommunications Commission (hereinafter called the “CRTC”) (hereinafter collectively referred to as the “Authorities” and individually as the “Authority”):
RECOGNIZING that the open nature of the Internet and the technology associated with telecommunications allows commercial electronic messages to be sent across national borders, requiring cooperation between regulators and enforcement agencies in different countries;
RECOGNIZING that the each of the MIC and the CRTC has responsibility for the administration and enforcement of laws regulating the sending of commercial electronic messages; and
RECOGNIZING that the MIC and the CRTC may commence this Memorandum of Cooperation (hereinafter called this “MOC”) pursuant to Article 30 of the Act on Regulation of Transmission of Specified Electronic Mail of Japan and Section 60 of the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunication Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (hereinafter called “CASL”) of Canada;
Have mutually recognized as follows:
- This MOC provides for the Authorities’ intentions to exchange information with each other, on a confidential basis, that both Authorities believe is necessary for the support of enforcement activities in respect of conducts that would contravene any prohibition or requirement of the MIC under the Act on Regulation of the Transmission of Specified Electronic Mail of Japan, or the CRTC under section 41 of the Telecommunications Act, or sections 6 to 9 of CASL.
- In pursuance of this objective, the Authorities intend to make their best efforts to:
- consult each other regarding requests from one Authority to the other for information relating to unsolicited commercial electronic messages, in order to determine the best terms and conditions of use, disclosure, transmission and retention of such information, in addition to those noted in this MOC;
- provide for the continued security, confidentiality and integrity of the information entrusted to them under this MOC; and
- exchange details on best practices concerning effective prevention and enforcement measures regarding unsolicited commercial electronic messages.
- The Authorities recognize that activities related to the exchange of information provided for in this MOC will be conducted subject to laws, regulations and directives in force respectively in Japan and Canada.
Exchange of Information
- The Authorities may exchange information pursuant to this MOC relating to the senders of unsolicited commercial electronic messages and the content of those messages. The Authorities will consult one another on the specific information to be exchanged on a case by case basis.
- Should information be exchanged pursuant to this MOC, the Authorities recognize that it will be treated in a confidential manner by the recipient Authority and not be further disclosed without the express consent of the Authority responsible for disclosing the information.
The MIC may only use the information disclosed by the CRTC for purposes relevant to an investigation or proceeding in respect of a contravention of the laws of Japan that address conduct referred to in articles 3 to 6 of the Act on Regulation of Transmission of Specified Electronic Mail of Japan, and not for an investigation or proceeding regarding the contravention of a law that has consequences that would be considered penal under Canadian law.
The CRTC may only use the information disclosed by the MIC for purposes relevant to an investigation or proceeding in respect of a contravention of the laws of Canada that address conduct referred to in section 41 of the Telecommunications Act, or sections 6 to 9 of CASL, and not for an investigation or proceeding regarding the contravention of a law that has consequences that would be considered penal under Japanese law.
- The Authorities will receive, manage, access, use, retain, and dispose of disclosed information in accordance with the laws to each Authority.
Nature of this MOC
- The Authorities recognize that this MOC does not create legally binding commitments between the Authorities under domestic or international law.
- This MOC does not create new legal powers, nor does it alter the duties, obligations and powers conferred by each Authority’s applicable laws and will be interpreted and implemented in accordance with those laws.
- This MOC implies no financial commitments by either Authority and any costs incurred by an Authority in the context of this MOC will be borne by said Authority.
- Any disputes which may arise from an interpretation or implementation of this MOC will be resolved amicably and expeditiously through consultation or negotiation between the Authorities or any other means on which they may mutually decide.
Term and Termination
- This MOC will commence on the 1 January 2018 after representatives of both Authorities have signed it, and will continue for a period of three years from that date. Thereafter, the Authorities may, by mutual consent, renew this MOC.
- Notwithstanding paragraph 12, either Authority may terminate this MOC by giving three months prior written notice to the other Authority.
- Should this MOC be terminated during its term in line with paragraph 13, the Authorities will make their best efforts to continue to apply all conditions and responsibilities related to information that has already been disclosed pursuant to this MOC until such information is disposed of.
- This MOC may be modified with the written consent of representatives of both Authorities. Any modifications will be applied upon written notification of mutual consent by the Authorities.
- This MOC was drafted and signed in duplicate, in Japanese and English, all copies having equal value.
Signed at the Embassy of Japan in Ottawa Canada on December 8th, 2017, in duplicate:
Director-General, Telecommunications Bureau
Ministry of Internal Affairs and Communications of Japan
Chief Compliance and Enforcement Officer
Canadian Radio-television and Telecommunications Commission
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