マイナンバー訴訟における「私生活上の自由」

抄録

 This paper examines the interpretive issues regarding "freedom in private life" by referring to the court cases in the ongoing lawsuits against the constitutionality of the Social Security and Tax Number system. It makes the following observations.
 In the lawsuits against the Social Security and Tax Number system, there are some judgements in lower courts that have included "collection," "management," "use," and other modes of conduct to the scope of protection by the freedom about personal data, in addition to "disclosure" and "publication" as recognized by the Supreme Court.
 Such requirements over internal processes can be justified by understanding the "freedom in private life" as a principle on limits of governmental authority. If an operation of the system involves "specific danger" concerning the use for other purposes or leakage of data, such an operation itself can be interpreted as unconstitutional "management" or "use" of the data.
 In addition, the "freedom in private life" requires prevention from chilling effect in case of data collection by governmental authorities. For this purpose, it is necessary for the government to gain and maintain "trust" in the management and use of data by ensuring legal and technical transparency.