Freedom of expression is not only a cornerstone of democratic government, but also protects the right to advertise goods and services. Lawyers use communication to exercise their profession. Although the content of these communications is assumed protected intuitively, the scope is elusive. In this Article, I explore the types of regulations on lawyers speech,
especially the impact of the professional self-government contradicts professionals free speech interests indirectly.
Based on the case studies of disciplinary action by Bar Association in japan and the reflection from media perspective, I suggests that the rule “dignity of lawyer” is basically content-based regulation of speech and linked to multiple situations. Yet the expression of individual professionals’ advice to clients and its subsequences communication are most targetable , such rule also would be applicable to legal information of providing background knowledge, such as lawyer’s advice and statement from Media discourse even without professional-client relationship.
The purpose of this study is to expose what factors affect the acceptability of credit score services. In the analysis, conjoint analysis was performed based on the questionnaire survey. The survey revealed that the bounded rationality exists for individuals in the use of credit score services. The results of the conjoint analysis also revealed that scores are erased after service suspension and that opt-in consent is important. Furthermore, it was revealed that credit score services are not well recognized and that many individuals who are not aware of credit score services are resistant to them. Through this study, it was shown that further recognition is needed for credit score services to become more popular in the future. In addition, we have shown that there is a need for policies that support the limited rationality of individuals for future credit score services.
Net neutrality has been one of the most debated issues in the telecommunications policy arena since the 2000s. Japan is no exception, with the Japanese telecommunications authority working very hard to draft rules for net neutrality. In order to design optimal rules, we need to establish a clear and unambiguous definition of net neutrality in the Japanese context as well as policy measures to evaluate the optimality of the proposed policy package. To date, however, there is still no definition of net neutrality in the official document. There are only naïve applications of this concept that appear inconsistent with the articles of the Telecommunications Business Act of Japan, which aims to “ensure sound development of telecommunications and convenience for citizens and to promote the public welfare” (Article 1). In addition, because net neutrality rules have to provide solutions to the problems of the domestic market, there is no one-size-fits-all definition, i.e., the Japanese telecommunications authority must come up with its own unique version.
In this article, the author proposes a definition of Japanese net neutrality. It discusses who should be responsible for securing net neutrality in the broadband market, how to measure the degree of neutrality, and how we should deal with the issue of fair pricing to help policymakers design an optimal policy package.
We need to have a response to the COVID-19 Coronavirus infection which will lead to effective countermeasures against any future pandemics caused by infectious and deadly diseases. These diseases could have a serious impact on the lives and health of people worldwide, therefore, this paper will examine, from the point of view of the handling of personal information and the protection of the right to privacy, methods by which we may create these effective countermeasures against any unknown infectious diseases.
We will begin our discussion by determining exactly what a pandemic is, based on the definition by CDC and WHO. A part of this determining will lead us inevitably to a review the Japanese legal system for dealing with pandemics and not only taking into account such pandemics which have been caused by naturally occurring infectious diseases, but also those which have been the result of attacks using biological weapons or bio-hazardous terrorism.
Having a comprehensive pandemic legal system response will require the collection, utilisation and publication of infectious disease-related information based on the Infectious Disease Law. We will also need to clarify the structure and issues of the current system/mechanism regarding information acquisition and the management of infected people.
Thus, this paper will scrutinise the handling procedures for personal information acquired in the course of implementing infectious disease countermeasures, the issues related to the applicable laws and regulations, the collecting and utilisation of sensitive information related to disease. The procedures regarding the use and provision of personal data. Finally, I will attempt to propose a new theory from the point of view formulating new judgment criteria regarding the limits of interpretation of exemptions based on the improvement of public health and the need .
The extraterritorial application of administrative law, including personal data protection law and competition law, has become an important issue in recent years. However, there are not any theories that well comprehend this issue. Thus, this paper aims to theorize the policy issues on the extraterritorial application of administrative law. The first policy issue is international law. The extraterritorial application of national jurisdiction has two sides: legislative jurisdiction and executive jurisdiction. These two aspects are often confused, but should be separately analyzed and discussed. The second issue to be considered is enforceability. Execution is often the biggest challenge under extraterritorial application. The authorities should have alternative options such as announcement as a sanction and corporation with other authorities. The third policy issue is international relations. An excessive extraterritorial application often causes international disputes. After theorizing these three points, this paper aims to apply this theory on the amendment of Japanese Personal Data Protection Act in 2020, which includes the topic of the extraterritorial application of administrative law. The author, who drafted the amendment bill, reviews actual policy issues on extraterritorial application of administrative law.
In the assessment of privacy infringement as tort, it should not be considered that the requirement of non-publicity is unnecessary, which may make illegal to express publicly-known facts and violate the freedom of expression.
In the actual litigation activity, it is appropriate to weigh the freedom of expression and the privacy, throughout the author’s claim, that the expression, which is about a publicly-known fact, is legal, and the alleged victim’s objection to it.
Online platform has given rise to a problem, “Fragmentation of Public Sphere (Öffentlichkeit) based on using Big Data”.
Such Fragmentation means that citizens are forced to get specific information controlled by Big Data, and then a functional disorder for deliberative democracy accrues because they take part in public sphere.
In other words, a precondition for deliberative democracy is an image of autonomous human; they can see, hear and think about diverse idea.
The author of this article raises a question about this image, which is just a fiction for democracy. The author has presumed that these citizens can acquire only “possibility to insist an idea by themselves immediately” in new public sphere on online platform.
In conclusion, the article shows the issue of the suitability to separate Big Data from a market mechanism to avoid Fragmentation of public sphere.
This article records the lecture on Evaluation of the GDPR held at the University of Kyoto on 6. November 2019. Alexander Roßnagel, Professor of Public Law at the Kassel University, is renowned for his study in Data Protection Law, Environmental law and Technology and Law. In this Lecture he points out some defects of the GDPR and gives ideas for further development.