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Japan Data Protection Law
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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 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 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 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 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 The Privacy, Data Protection and Cybersecurity Law Review by : Alan Charles Raul
Download or read book The Privacy, Data Protection and Cybersecurity Law Review written by Alan Charles Raul and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Data Protection in the Internet by : Dário Moura Vicente
Download or read book Data Protection in the Internet written by Dário Moura Vicente and published by Springer Nature. This book was released on 2019-12-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.
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.
Download or read book Japan written by Graham Greenleaf and published by . This book was released on 2019 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission issued its draft Decision on the adequacy of Japan's data protection law in September 2018. This article argues that the draft Decision, in relation to the private sector, does not contain sufficient justification that Japan meets the EU's criteria for adequacy, described in the Decision as requiring that Japan “guarantees a level of protection 'essentially equivalent' to that ensured” within the EU.Seven areas of insufficient justification are examined: (i) How is Japan's enforcement regime 'essentially equivalent' to the EU? (ii) Is consent a sufficient basis for an onward transfer regime? (iii) Can an “essentially equivalent” law exclude Japanese citizens from its protections? (iv) Is there a loophole for “readily collated” personal information? (v) 'Sectoral' exclusions from PPIA are exensive, but do they have parallels in the GDPR? (vi) Reliability of translations of key documents. (vii) The extent of other gaps between Japanese and EU laws, including requirements for data protection by design and by default; data portability; mandatory DPIAs; mandatory DPOs; and de-linking (“right to be forgotten”);and very weak protections in relation to automated decision-making and data breach notification.The article considers -- if the draft Japanese Decision was adopted “as is” -- what conclusions might be drawn by some governments in other countries that are planning to amend or enact data privacy laws with adequacy in mind? If others say "We will have what Japan is having?", what are the consequences for the future of adequacy? This requires all EU institutions to consider some fundamental questions about the meaning of both adequacy and “essentially equivalent”, in the course of improving or rejecting this draft Decision.
Author :The Law The Law Library Publisher :Createspace Independent Publishing Platform ISBN 13 :9781729643679 Total Pages :26 pages Book Rating :4.6/5 (436 download)
Book Synopsis Act on the Protection of Personal Information (Japan) (2018 Edition) by : The Law The Law Library
Download or read book Act on the Protection of Personal Information (Japan) (2018 Edition) written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-11 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Act on the Protection of Personal Information (Japan) (2018 Edition) Updated as of October 23, 2018 This book contains: - The complete text of the Act on the Protection of Personal Information (Japan) (2018 Edition) - A table of contents with the page number of each section
Book Synopsis Cyber law in Japan by : Masao Yanaga
Download or read book Cyber law in Japan written by Masao Yanaga and published by Kluwer Law International B.V.. This book was released on 2020-01-14 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Japan covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.
Book Synopsis Research Handbook on Privacy and Data Protection Law by : González, Gloria
Download or read book Research Handbook on Privacy and Data Protection Law written by González, Gloria and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives.
Book Synopsis Data Protection Law in the EU by : Brendan Van Alsenoy
Download or read book Data Protection Law in the EU written by Brendan Van Alsenoy and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practically every organisation in the world processes personal data. European data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing and sets out different obligations for each type of actor. The most important distinction in this regard is the distinction between 'controllers' and 'processors'. This book seeks to determine whether EU data protection law should continue to maintain its current distinction.
Book Synopsis Handbook of Personal Data Protection by : Wayne Madsen
Download or read book Handbook of Personal Data Protection written by Wayne Madsen and published by Springer. This book was released on 1992-07-07 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the concept of personal data protection began in Europe in the early 1970s, data protection legislation has been adopted in many countries. In Europe there is a wide divergence of policies between members of the EC, non-EC members and the new democracies of Eastern Europe. This volume explains these differences and also, uniquely, focuses on the abuses of personal data in the developing nations of Latin America, Asia and Africa. It also includes the latest national and international laws, initiatives and guidelines on personal data protection. It is the first reference work to combine these various documents in a single volume source.
Book Synopsis Country Studies - B5 Japan (Information Privacy Protection in Japan). by : Graham Greenleaf
Download or read book Country Studies - B5 Japan (Information Privacy Protection in Japan). 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: This Report to the European Commission surveys Japanase protection of information privacy as at October 2009. It commences with the context of information privacy in Japan including the political context, the surveillance context of Juki-net, Keidanren and the development of Japan's data protection law and social attitudes to privacy. Japan's international obligations in relation to privacy, and its constitutional and case law protections of privacy are summarised. The main focus of the report is Japan's complex legislative structure in relation to information privacy, based on three main laws related to the protection of personal information, enacted on May 30, 2003 (particularly the Act on the Protection of Personal Information, the PPI Act), plus ancillary legislation and administrative documents, giving at least nine major sources of law. The overall legislative scheme gives comprehensive coverage to both the public sector (including local government) and the private sector. The complex role played by non-binding Ministry guidelines is discussed. The report's analysis of the data protection principles in the Acts finds that, while they cover the basic principles of the OECD Guidelines (but little beyond that), many of them have exceptions leaving them open to abuse. The lack of extra-territorial operation of the PPI Act, and its lack of data export restrictions, are notable weaknesses. In any event, the principles are only intended as general guidance to be supplemented by industry-specific guidelines. This report finds little evidence available concerning any of the avenues of enforcement of the Japanese law that provides any convincing indication of its enforcement or effectiveness. Japan does not have any national data protection authority. A complaint about the handling of personal information by a business may be filed with one of four types of bodies under the PPI Act, but none publish useful information about how complaints are actually resolved. Ministerial warnings or orders to companies are very rare, and are necessary before criminal penalties can be imposed. The role of the 'authorized personal information protection organizations' (APIPO) established by industry organisations is unclear, and there is no evidence of their effectiveness. Japan's PrivacyMark, which has been operating since 1998 is a decentralised system in which numerous trade associations and the like are supposed to be able to certify that their own members comply with Japan's legislation, Cabinet Order, Basic Policy, Guidelines etc. It has no compaints mechanism and relies on self-reporting. There is a divergence of opinion concerning the effectiveness of the enforcement of the PPI Act. The Japanese legislation has only been in effect for four years, so anything beyond tentative assessment of its effectiveness is difficult. Assessment difficulties are compounded by the propensity of the Japanese legal system to rely on relatively informal means of dispute resolution, rather than litigation. It can reasonably be said that there is a lack of evidence that the legislation is effective, which could be remedied somewhat by Ministries gathering and publishing more detailed data on compliance, enforcement, breaches and remedies. Japan's data protection system may well meet the standards of the OECD Guidelines. Comparison with the EU privacy Directive is a more difficult question, beyond the scope of this report. It would be an arguable question in relation to privacy principles, and in relation to enforcement one on which more information about practices is needed.
Download or read book APEC Privacy Framework written by and published by . This book was released on 2005 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Handbook on European data protection law by : Council of Europe
Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
