Significance of “the Principle of Relevance” in the Personal Information Protection System of Administrative Entities

Abstract

Some of the recent studies on the privacy legislation in our country argue that the key objective of this law is protection against the exercise of power by decision makers. This argument indicates that the OECD Privacy Guidelines include “the principle of relevance,” which states that decisions about data subjects must be based on relevant data; however, this has not been considered in our country. This principle is similar to that highlighted by academic theories and judicial precedents regarding administrative procedures in Japan and is important in the exercise of public power.

This paper discusses the significance of this principle in the personal information protection system of administrative entities, and attempts top present the legal measures to ensure its implementation.