The Theory of Fiduciary Duty and Pluralistic Grounds about the Right to Privacy

Abstract

In the U.S., the theory of fiduciary duty or privacy as trust is widely asserted as the basis for the right to privacy, and it influences theories in Japan. However, the theory of fiduciary duty is criticized in the U.S., and there are critical views regarding its introduction to Japan due to differences in the institutional backgrounds of the U.S. and Japan. Therefore, introducing the theory to Japan requires careful consideration in light of the differences between the institutional backgrounds of the U.S. and Japan. This paper takes the position that it is difficult to introduce the U.S. theory as it is into Japan at the present time. Rather, it is important to consider what suggestions can be obtained from the theory. In particular, the theory of fiduciary duty provides useful suggestions for the pluralistic theory of the right to privacy, which is becoming more and more popular in Japan.