New Policy Requires Extended Storage of User Data by Social Media and Communication Providers

In a significant change of direction, the communication ministry has put forth a policy that mandates social media platforms and communication service providers to retain user data for a minimum period of three to six months. This marks a departure from the previous stance, which emphasized the deletion of users' communication history whenever possible.

The term "communications history" encompasses details excluding the actual content of messages, such as sender information, as well as timestamps. This type of data is classified as a “communications secret,” governed by telecommunications laws that prohibit unauthorized access. Until now, platforms were permitted to keep this information only for the bare minimum required for operational purposes, and they were required to erase it shortly thereafter.

Under the new guidelines established by the ministry, these companies will be required to maintain user data for at least three to six months, a decision made in light of societal expectations for greater accountability online. While they had previously advised minimal storage to safeguard personal information, this adjustment reflects the recognized necessity to hold onto communication histories for specific durations.

The ministry's proposal, which is set to undergo a public consultation, is expected to be finalized in August, with implementation dates contingent upon discussions with service providers. This policy alteration responds to the sharp increase in requests for “sender information disclosure orders,” aimed at uncovering the identities of individuals who have engaged in online defamation. The Supreme Court reported a rise in such petitions, with figures showing 6,779 in 2024, marking a 70% increase from the previous year.

Moreover, the importance of retaining communication history is underscored in criminal investigations, where police often rely on this data to solve cases. Currently, officials face challenges since many records have been deleted before they can be accessed. Following requests from law enforcement and legal professionals for extended retention periods, the ministry is addressing these concerns.

Despite the benefits of longer data retention, concerns have been raised regarding potential risks, including data leaks and the financial burden placed on service providers, which may ultimately be passed on to users in the form of higher fees. Lawyer Takashi Nagase highlighted these issues, indicating that while preserving data is crucial for addressing online slander, it also presents challenges for businesses involved in data storage.