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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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Japan—The Illusion of Protection

Japan—The Illusion of Protection

Chapter:
(p.227) 8 Japan—The Illusion of Protection
Source:
Asian Data Privacy Laws
Author(s):

Graham Greenleaf

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199679669.003.0008

Japan has had comprehensive data privacy legislation since 2003, which is the focus of this chapter. Informal methods of conflict resolution play a significant role, as does guidance from ministries, of varying degrees of formality. The privacy principles in Japan’s laws are shown to be among the most limited in Asia. The chapter also analyses Japan’s range of enforcement mechanisms, and the available evidence of the extent to which they have been used, and to what effect, and finds that evidence of enforcement is very often lacking. The Japanese government has decided to amend its laws. It has already created a form of data protection authority (DPA) to deal only with issues concerning the tax ID system, and has foreshadowed a general purpose DPA. Like elsewhere in Asia, Japan’s ‘second generation’ data protection law may be considerably stronger than the first generation law.

Keywords:   data protection, privacy, Asia, Japan, ministries, data protection authority

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