2020 Volume 8 Pages 41-62
We need to have a response to the COVID-19 Coronavirus infection which will lead to effective countermeasures against any future pandemics caused by infectious and deadly diseases. These diseases could have a serious impact on the lives and health of people worldwide, therefore, this paper will examine, from the point of view of the handling of personal information and the protection of the right to privacy, methods by which we may create these effective countermeasures against any unknown infectious diseases. We will begin our discussion by determining exactly what a pandemic is, based on the definition by CDC and WHO. A part of this determining will lead us inevitably to a review the Japanese legal system for dealing with pandemics and not only taking into account such pandemics which have been caused by naturally occurring infectious diseases, but also those which have been the result of attacks using biological weapons or bio-hazardous terrorism. Having a comprehensive pandemic legal system response will require the collection, utilisation and publication of infectious disease-related information based on the Infectious Disease Law. We will also need to clarify the structure and issues of the current system/mechanism regarding information acquisition and the management of infected people. Thus, this paper will scrutinise the handling procedures for personal information acquired in the course of implementing infectious disease countermeasures, the issues related to the applicable laws and regulations, the collecting and utilisation of sensitive information related to disease. The procedures regarding the use and provision of personal data. Finally, I will attempt to propose a new theory from the point of view formulating new judgment criteria regarding the limits of interpretation of exemptions based on the improvement of public health and the need .
