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The Puzzle Of Japanese Data Privacy Enforcement
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Book Synopsis The Puzzle of Japanese Data Privacy Enforcement by : Graham Greenleaf
Download or read book The Puzzle of Japanese Data Privacy Enforcement written by Graham Greenleaf and published by . This book was released on 2017 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Privacy and Data Protection Law in Japan by : Fumio Shimpo
Download or read book Privacy and Data Protection Law in Japan written by Fumio Shimpo and published by Kluwer Law International B.V.. This book was released on 2023-08-20 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Asian Data Privacy Laws by : Graham Greenleaf
Download or read book Asian Data Privacy Laws written by Graham Greenleaf and published by OUP Oxford. This book was released on 2014-10-16 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Data Protection Law by : Robert Walters
Download or read book Data Protection Law written by Robert Walters and published by Springer Nature. This book was released on 2019-09-04 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Europe and Japan Cooperation in the Fight against Cross-border Crime by : Shin Matsuzawa
Download or read book Europe and Japan Cooperation in the Fight against Cross-border Crime written by Shin Matsuzawa and published by Taylor & Francis. This book was released on 2022-11-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Privacy Matters by : Andrew Pardieck
Download or read book Privacy Matters written by Andrew Pardieck and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Japan Data Protection Law by : Toshio Asai
Download or read book Japan Data Protection Law written by Toshio Asai and published by Createspace Independent Publishing Platform. This book was released on 2018-07-11 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Asian Yearbook of International Law, Volume 20 (2014) by : Kevin YL Tan
Download or read book Asian Yearbook of International Law, Volume 20 (2014) written by Kevin YL Tan and published by BRILL. This book was released on 2019-07-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Exploring Animal Crossing by : Bruce Baer Arnold
Download or read book Exploring Animal Crossing written by Bruce Baer Arnold and published by Anthem Press. This book was released on 2024-06-11 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis 'My Number' Unlikely to Thaw Japan's Frozen Data Privacy Laws by : Graham Greenleaf
Download or read book 'My Number' Unlikely to Thaw Japan's Frozen Data Privacy Laws written by Graham Greenleaf and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Korea's New Act by : Graham Greenleaf
Download or read book Korea's New Act written by Graham Greenleaf and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Korea's new Personal Information Protection Act came into force on 30 September 2011. A six month grace period in which the Act was not strictly enforced ended on 31 March 2012. Business commentators describe the Act as the 'strictest in the world', as the Asian law to which most attention should be paid, and as a law likely to be enforced. This brief article explains why. The new Act replaces the existing Public Agency Data Protection Act in whole and in relation to the private sector it replaces in part the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. That Act will continue to provide additional privacy and other obligations on information and communications service providers (ICSPs). Korea's previous legislation had considerable limitations. In the private sector, its scope was limited to businesses utilising telecommunications services, although it was actively enforced by a novel mediation structure that is being continued under the new legislation. The public sector legislation, administered by Ministry of Public Administration and Safety (MOPAS), covered all public agencies, and included most basic OECD principles, but with few limits on excessive data collection by governments. However, there seems to have been minimal enforcement. The new Act is therefore a comprehensive Act for the first time, because it covers both public and private sectors, and the whole of the private sector. More than 3.5 million public entities and private businesses are now regulated by common criteria and principles, and common enforcement mechanisms. It added many new features to existing strong foundations. The article identifies seventeen ways in which this Act's Principles exceed the OECD/APEC standards, including: an independent fifteen member Data Protection Commission (a departure from the Ministry-based enforcement of civil law neighbours Japan and Taiwan); Privacy Compliance Officers required for most businesses and agencies; collective meditation for disputes with widespread small damage; mandatory data breach notification to both affected individuals and to authorities where significant; mandatory Privacy Impact Assessment (PIA) for potentially dangerous public sector systems; and explicit (opt-in) consent required for marketing using a company's own databases. The new Act establishes a complex administrative and enforcement structure which involves five parties: (i) The Data Protection Commission (DPC); (ii) The Korea Internet & Security Agency (KISA) and its Personal Data Protection Center (PDPC); (iii) The Personal Information Dispute Mediation Committees (Pico); (iv) The Ministry of Public Administration and Security (MOPAS); and (v) The Korea Communications Commission (KCC). Korea has developed a system unique in the Asia-Pacific of two independent bodies, one for complaint resolution (Pico), serviced by a government agency (KISA/PPDC) and the other (the DPC) for 'policy matters' (with its own internal secretariat).
Book Synopsis Modern Passings by : Andrew Bernstein
Download or read book Modern Passings written by Andrew Bernstein and published by University of Hawaii Press. This book was released on 2006-01-31 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: What to do with the dead? In Imperial Japan, as elsewhere in the modernizing world, answering this perennial question meant relying on age-old solutions. Funerals, burials, and other mortuary rites had developed over the centuries with the aim of building continuity in the face of loss. As Japanese coped with the economic, political, and social changes that radically remade their lives in the decades after the Meiji Restoration (1868), they clung to local customs and Buddhist rituals such as sutra readings and incense offerings that for generations had given meaning to death. Yet death, as this highly original study shows, was not impervious to nationalism, capitalism, and the other isms that constituted and still constitute modernity. As Japan changed, so did its handling of the inevitable. Following an overview of the early development of funerary rituals in Japan,Andrew Bernstein demonstrates how diverse premodern practices from different regions and social strata were homogenized with those generated by middle-class city dwellers to create the form of funerary practice dominant today. He describes the controversy over cremation, explaining how and why it became the accepted manner of disposing of the dead. He also explores the conflict-filled process of remaking burial practices, which gave rise, in part, to the suburban "soul parks" now prevalent throughout Japan; the (largely failed) attempt by nativists to replace Buddhist death rites with Shinto ones; and the rise and fall of the funeral procession. In the process, Bernstein shows how today’s "traditional" funeral is in fact an early twentieth-century invention and traces the social and political factors that led to this development. These include a government wanting to separate itself from religion even while propagating State Shinto, the appearance of a new middle class, and new forms of transportation. As these and other developments created new contexts for old rituals, Japanese faced the problem of how to fit them all together. What to do with the dead? is thus a question tied to a still broader one that haunts all societies experiencing rapid change: What to do with the past? Modern Passings is an impressive and far-reaching exploration of Japan’s efforts to solve this puzzle, one that is at the heart of the modern experience.
Download or read book JPRI Occasional Paper written by and published by . This book was released on 1998 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Anatomy of Corporate Law:A Comparative and Functional Approach by : Reinier Kraakman
Download or read book The Anatomy of Corporate Law:A Comparative and Functional Approach written by Reinier Kraakman and published by Oxford University Press, USA. This book was released on 2009-07-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of this highly regarded comparative overview of corporate law. It argues that the main function of corporate law is to address conflicts of interests and that, despite economic and social diversity, legal strategies employed across jurisdictions are surprisingly similar.
Book Synopsis Big Data and Global Trade Law by : Mira Burri
Download or read book Big Data and Global Trade Law written by Mira Burri and published by Cambridge University Press. This book was released on 2021-07-29 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Book Synopsis Emerging Challenges in Privacy Law by : Normann Witzleb
Download or read book Emerging Challenges in Privacy Law written by Normann Witzleb and published by Cambridge University Press. This book was released on 2014-04-17 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
Book Synopsis Privacy as Trust by : Ari Ezra Waldman
Download or read book Privacy as Trust written by Ari Ezra Waldman and published by . This book was released on 2018-03-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new way of thinking about information privacy that leverages law to protect disclosures in contexts of trust.
