2023 Volume 7 Issue 1 Pages 237-258
In the field of privacy and personal data protection, the "consent principle" or the "notice and choice approach" has traditionally been emphasized. Recently, however, with the spread of information technologies such as IoT, Big Data, and AI, it has become increasingly difficult to achieve effective consent.
Such changes in the information environment also have an impact on the legal theory of the right to privacy. Traditionally, the so-called "right to control one's own information" has been the prevailing theory in Japanese constitutional jurisprudence regarding the right to privacy. However, in recent years, due to the above-mentioned changes in the information environment, there have been various views that criticize the theory of the right to control one's own information and advocate a theory of the right to privacy that differs from this theory.
As described above, academic theories on the right to privacy are becoming increasingly confused, but there is a common trend among them to some extent. That is, the right to privacy is viewed from pluralistic grounds. If we take a pluralistic view of the grounds for the right to privacy, it would be straightforward to pluralize the content of the right to privacy as well. This paper attempts to pluralize and categorize information privacy rights.
In conclusion, this paper argues that the right to privacy should be categorized as follows. First, the right to privacy is broadly divided into three categories: information privacy, decisional privacy, and spatial privacy. Then, information privacy rights are divided into three categories: (1) the right to control one's own information, (2) the right to appropriate handling of one's own information, and (3) the right to keep one's private information secret.
