Journal of Law and Information System
Online ISSN : 2432-9649
Print ISSN : 2433-0264
ISSN-L : 2433-0264
Volume 10
Displaying 1-13 of 13 articles from this issue
  • Kunifumi SAITO
    2021 Volume 10 Pages 28-41
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
     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.
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  • Satowa MATSUMAE
    2021 Volume 10 Pages 42-55
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
     In May 2021, the "Act on the Protection of Personal Information" was revised. The amendment is intended to resolve various imbalances and inconsistencies in the personal information protection laws and regulations among the public sector, private sector, and regions in order to promote the utilization of data across public, private, and regional borders toward the realization of a digital society. In the case of public sector personal information protection legislation, the following three main points have been revised. The first is the unification of rules between the public and private sectors to change the content of various public sector rules, including the definition of "personal information"; the second is the introduction of common rules for the protection of personal information by local governments; and the third is the expansion of the supervisory authority of the Personal Information Protection Commission to the public sector. Although it can be evaluated that these amendments have resolved the imbalances and inconsistencies in personal information protection legislation to a certain extent, there are still issues to be addressed in terms of ensuring the level of protection of personal information and appropriately addressing privacy risks that are essential in promoting the utilization of data.
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  • Through the Background and Overview of the Digital Services Act Package
    Yutaro KOHTARI
    2021 Volume 10 Pages 56-65
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
    This paper will provide an overview of the background and circumstances leading up to the proposed Digital Services Act package in the European Union and an introduction to the draft. Through this, the implications for freedom of expression of the debate on the enhanced responsibilities of online platforms in Europe will be examined. As indirect regulation by public actors through online platforms becomes increasingly important, it is necessary to consider the impact on private expression of both the hidden regulation by public actors and the regulatory powers of online platforms. A positive assessment can be made of the proposed Digital Services Act from the perspective of clarifying the scope of regulation by public actors and limiting the arbitrary control of private expression by online platforms. The proposed Digital Markets Act may contribute to pluralising the space for the expression of opinions through ensuring the possibility of competition between online platforms.
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  • Takayuki MATSUO
    2021 Volume 10 Pages 66-78
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
    We often see platforms (such as YouTube, Twitter and etc.) suspending, freezing, or etc., the accounts of the users of such platforms. In considering this issue, it should be admitted that in some case, such suspending, freezing, or etc., the of the accounts may be strictly necessary. However, if the decisions by the platforms on suspending, freezing, or etc., the accounts are wrong, what kind of remedies the users would have under the Japanese laws and practice? This paper attempts to contribute to the debate on this issue by introducing a specific case in which the author, as a lawyer qualified in Japan, filed a lawsuit at Tokyo District Court against an international video sharing platform on behalf of a Vtuber.
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  • Eijiro MIZUTANI
    2021 Volume 10 Pages 79-90
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
     Online platforms such as Facebook have been called "The New Governors" by Kate Klonick. Online platforms moderate content to preserve order in the online speech spaces. However, content moderations, sometimes referred to as "censorship," has been criticized for the defective of transparency and accountability. This paper clarifies the history, authority, and structure of the Facebook Oversight Board (FOB). Then, this paper argues for the unique nature of FOB. In addition, with reference to recent articles, this paper discusses the potential of FOBs from the perspective of the constitutional law.
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  • Hironao KANEKO
    2021 Volume 10 Pages 91-100
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
     As increasing methods of the cashless payment, the accessibility of payment is necessity for persons with disabilities in daily livings. The regulation on the cashless transaction relates to the informational law policy. We had better to discuss about legal issues on persons with disabilities to enhance the accessibility of cashless payment.
     In this article, introducing the Convention on the Rights of Persons with Disabilities of the United-Nations, domestic laws protecting the rights of persons with disabilities that cover the accessibility to the internet and the Financial Service Agency’s reports of responds to persons with disability by the banks.
     Using the accessibility valuation tool, miChecker which the Ministry of Internal Affairs and Communications distributes, the author verifies the web sites of main cashless entrepreneurs. The author proposes the necessity of making guidelines of reasonable consideration to enhance accessibility to cashless payment for the person with disability engagements.
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  • Kazuhiro TAKAHASHI
    2021 Volume 10 Pages 101-110
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
    Das auf dauerhafte Auslistung der Suchergebnisse gerichtete Rechtsschutzbegehren der betreffenden Person soll von §17 GDPR erfasst sein. Da der Bundesgerichtshof (BGH) vor dem Inkrafttreten der GDPR die Pflichten der Suchmaschinenbetreiber erheblich beschränkt hat, blieb es abzuwarten, ob diese Tendenz von BGH auch unter Geltung der GDPR Bestand haben. Mit Entscheidungen vom 27.7.2020 hat sich BGH - unter dem Einfluß von denen des BVerfGs - vom bisherigen Kriterium abgekehrt und die umfassende Abwägung angenommen. Es steht noch dahin, ob der Europäische Gerichtshof (EuGH, CJEU) diese Entwicklungen von den deutschen Gerichten bestätigen. Die Vorabentscheidungensverfahren wird CJEU zur Entscheidung drängen, dazu Stellung zu nehmen.
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  • Yuki YOSHIHARA
    2021 Volume 10 Pages 111-121
    Published: 2021
    Released on J-STAGE: January 31, 2022
    JOURNAL OPEN ACCESS
    When recent constitutional theories discuss secrecy of correspondence, most of the subjects are limited to digital data communication. In those theories, the violators of the secrecy of correspondence are mostly limited to private actors, and there is little concern about the infringement by courts. In this paper, I will focus on bankrupt persons and adult wards as victims of cases in which courts of law violate the secrecy of paper-based correspondence (letters).
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