The Puzzle of Japanese Data Privacy Enforcement PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Puzzle of Japanese Data Privacy Enforcement PDF full book. Access full book title The Puzzle of Japanese Data Privacy Enforcement by Graham Greenleaf. Download full books in PDF and EPUB format.
Author: Graham Greenleaf Publisher: ISBN: Category : Languages : en Pages : 22
Book Description
Japan's data privacy laws have been in force since 2003, sufficient time for evidence of their enforcement to become apparent and be assessed. This article first explains the legislative and administrative structure of Japanese data privacy law, and then examines each aspect of enforcement of the law, and such evidence of the effectiveness of enforcement as is available. The public sector, and the private sector, and the co-regulatory systems are considered. This examination shows that the enforcement mechanisms in the Japanese system are not used to any significant extent. it also shows that the ways in which thy work are not transparent enough. We reject claims made by government bodies and academics that Japanese businesses comply with the legislation without being required to do so. The extent of compliance is a separate enquiry outside the scope of this article. The result is that the Japanese system asks observers to take it on trust that it is effective. The absence of evidence is in itself a deficiency, a failure to provide transparency of the enforcement system. Put politely, the effectiveness of Japanese data privacy law remains a puzzle. Major reforms are proposed by the government which may provide much more effective means of enforcement, but are only likely to succeed if they also make that enforcement more transparent.
Author: Graham Greenleaf Publisher: ISBN: Category : Languages : en Pages : 22
Book Description
Japan's data privacy laws have been in force since 2003, sufficient time for evidence of their enforcement to become apparent and be assessed. This article first explains the legislative and administrative structure of Japanese data privacy law, and then examines each aspect of enforcement of the law, and such evidence of the effectiveness of enforcement as is available. The public sector, and the private sector, and the co-regulatory systems are considered. This examination shows that the enforcement mechanisms in the Japanese system are not used to any significant extent. it also shows that the ways in which thy work are not transparent enough. We reject claims made by government bodies and academics that Japanese businesses comply with the legislation without being required to do so. The extent of compliance is a separate enquiry outside the scope of this article. The result is that the Japanese system asks observers to take it on trust that it is effective. The absence of evidence is in itself a deficiency, a failure to provide transparency of the enforcement system. Put politely, the effectiveness of Japanese data privacy law remains a puzzle. Major reforms are proposed by the government which may provide much more effective means of enforcement, but are only likely to succeed if they also make that enforcement more transparent.
Author: Fumio Shimpo Publisher: Kluwer Law International B.V. ISBN: 940352877X Category : Law Languages : en Pages : 343
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in Japan covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.
Author: Robert Walters Publisher: Springer Nature ISBN: 9811381100 Category : Law Languages : en Pages : 451
Book Description
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
Author: Graham Greenleaf Publisher: OUP Oxford ISBN: 0191669156 Category : Law Languages : en Pages : 622
Book Description
The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.
Author: Shin Matsuzawa Publisher: Taylor & Francis ISBN: 1000810496 Category : Political Science Languages : en Pages : 237
Book Description
This book is the first to map and critically analyse the legalisation of EU-Japan cooperation in criminal justice matters, charting the existing legal instruments which regulate cooperation in the fight against crime between European states and Japan. It examines which forms of cooperation are regulated by EU Law, and which are not, and takes stock through selected case studies of the functioning in practice of cooperation between the EU as an organisation, single European States and Japan. The book focuses particularly on police cooperation, exchange of electronic evidence, mutual legal assistance, extradition, transfer of prisoners and data exchanges. It looks at the EU-Japan MLA Agreement, the Europol-Japan National Police Agency Working Arrangement, the negotiations on a PNR Agreement, and the Council of Europe Convention for Transfer of Sentenced Persons; all instruments aimed at regulating cooperation against crime between European states and Japan. Finally, the book also looks at the implications for the fight against crime of the EU-Japan Economic Partnership Agreement, Strategic Partnership Agreement, and the European Commission Adequacy decision. This book will be of key interest to scholars and students of EU Criminal law, EU-Japan cooperation, Japanese studies, transnational crime, and more broadly to comparative criminal justice, International Relations and security studies.
Author: Andrew Pardieck Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In 1890, when Louis Brandeis and Samuel Warren wrote their seminal work on The Right to Privacy, Japan did not have a word for the concept. Scholars settled on puraibashii a transliteration as opposed to translation, of the word privacy. Today, privacy is closely guarded in Japan; the European Data Protection Board has found privacy protections in Japan “equivalent” to those in the EU. This research explores the evolution of privacy law in Japan, focusing on data breach and the legal rights and obligations associated with it. The writing is broken up into two parts: This first article discusses private enforcement of privacy norms, as it is the courts, in response to civil complaints, that first established and continue to define privacy rights in Japan. A separate article will address the public law regulation of privacy, including discussion of Japan's Act on the Protection of Personal Information and its regulatory enforcement. Examining the civil litigation that has defined privacy norms in Japan, one finds three distinct periods: early judicial decisions that create privacy rights by weaving together pre-existing legal doctrines in new ways; a period of expansion where courts recognize a legal injury for disclosure of even basic personal information; and a recent Supreme Court decision that expressly recognizes a remedy for the mental distress that arises from a data breach, even without proof of financial harm. In comparison to the public law cases, one also finds a public law-private law divide. While some Japanese courts in data breach litigation suggest individuals possess a “right to control” their own personal information; in cases involving the central government, one finds no more than a right to the “reasonable handling” of that information. A cross-jurisdiction comparison suggests Japan seeks middle ground. Japanese courts define privacy rights more broadly than in the U.S., but not to the extent found in jurisdictions governed by the GDPR. In doing so, Japanese courts use tort law to balance interests: to compensate plaintiffs; to incentivize defendants' compliance with industry standards and government regulations; and to reward defendants who implement post-incident remedial measures. The result is a set of legal norms that clearly recognize privacy rights, but also limit damages. These legal norms, in turn, have produced stable market norms that now allow parties to settle most data breach claims. Purabashii is no longer a foreign concept in Japan.
Author: Toshio Asai Publisher: Createspace Independent Publishing Platform ISBN: 9781720496151 Category : Languages : en Pages : 120
Book Description
Japan's 2017 amended Act on the Protection of Personal Information implemented the international trend of data protection represented by GDPR. However, at the same time, APPI takes different approaches from GDPR from the viewpoint of utilization of personal data, e.g. as big data. This book outlines APPI in comparison with GDPR according to the order of the provisions of GDPR.
Author: Kevin YL Tan Publisher: BRILL ISBN: 9004379770 Category : Law Languages : en Pages : 369
Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.
Author: Bruce Baer Arnold Publisher: Anthem Press ISBN: 1839980087 Category : Law Languages : en Pages : 144
Book Description
Animal Crossing is an innovative virtual world with a global audience beyond traditional online gamers. The book is the first major study, offering an interdisciplinary exploration of copyright and other laws, user creativity and sociability, psychology, the virtual world’s economic and technological basis, uptake during COVID-19, gamification of offline brands, relationships with past/contemporary computer games, and Animal Crossing as an example of the Japanification of online popular culture. The book provides insights for students, researchers and non-specialist readers.
Author: Graham Greenleaf Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article examines Japan's proposed ID card and data matching system, called 'My Number'. Any businesses operating in Japan will be very likely to find themselves dealing with aspects of the 'My Number' system if they seek to do any work on behalf of agencies at any level of the Japanese government, and will consequently have to comply with this additional layer of Japanese law. Japan's current data privacy laws are frozen in low standards and lack of enforcement, despite being enacted almost a decade ago. The 'Bill for using a unique number to identify a particular citizen in administrative procedures' ('My Number Bill') introduced into the Diet in February 2012, included an expansive version of an ID card and number system. The Japanese government claims that the permitted use of the My number is limited to uses for only three purposes, namely social welfare, taxation, and disaster damage prevention However, this article argues that the result of the Bill's drafting is that it effectively authorises very extensive data matching within Japan's public sector: data collected for any of the defined purposes can be required and used for any of the other defined purposes, by other agencies. Individuals will have no remedies. Just as data subjects have no rights to take any individual action before a court if their rights have been violated under the existing data protection laws, they will have no rights if any illegal uses occur of their My Number information or files. Implementation of this data matching system also raises the question of whether a country can remain compliant with the OECD privacy Guidelines if it abandons the 'finality' principle (use and disclosure only for the purposes of collection) across such a large part of its public sector, rather than making more specific exceptions to these principles. There are no means of testing this. The Bill that has lapsed with the calling of the December election had general support from all parties. It is expected that a new Bill would undergo some revisions, but that its passage will return to the legislative agenda in 2013.
Author: Graham Greenleaf
Author: Graham Greenleaf
Author: Fumio Shimpo
Author: Robert Walters
Author: Graham Greenleaf
Author: Shin Matsuzawa
Author: Andrew Pardieck
Author: Toshio Asai
Author: Kevin YL Tan
Author: Bruce Baer Arnold
Author: Graham Greenleaf