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
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.