“Reasonable expectation of privacy theory” in the Fourth Amendment of the United States Constitution is in confusion due to the prevalence of surveillance-type information collection by public authorities. This is mainly because of a gap between whether people have an expectation of privacy with regard to each piece of information collected and whether that collection invades their privacy. In Japanese Constitutional Law, the idea of “rights to self-information control” is allegedly dominant as privacy protection. This idea is closely related to “reasonable expectation of privacy theory” in that the range of protection relies on social context corroborated by “expectation.” As the range of “expectation” changes according to technological developments, however, it is not meaningful to ask whether people have an expectation of privacy with regard to each piece of information collected. Thus, it is required to establish a framework to inquire whether surveillance-type information collection is implemented in a manner that leads to people’s private lives being exposed with its scale and capacity.
The European Union actively promotes content policies in order to strengthen the competitiveness of the contents industry and to maintain cultural diversity. The Audio Visual Media Services Directive has imposed a quota regulation for works made in Europe, so-called " European Works " on linear audiovisual services such as broadcasting. In 2018, the Directive was amended and the amended Directive will apply to non-linear audiovisual services such as OTT services (e.g. Netflix). In this article, I overview the history and current situation of quota regulation and implement a surplus analysis. In conclusion, I point out that if its reguirements are only external, such as the residential places of producers, it would impair the social surplus because the acceptance and penetration of diverse values and cultures are not guaranteed.