Rethinking the concept of the right to information privacy: a Japanese perspective

The purpose of this paper is to reconsider the concept of the right to information privacy and to propose, from a Japanese perspective, a revised conception of this right that is suitable for the modern information society.

First, the concept of privacy and personal information protection in the information society is briefly explained. After that, confused situations in Japan caused by the enforcement of Act on the Protection of Personal Information are described followed by the analysis of the Japanese socio‐cultural circumstances surrounding privacy. Based on these, the effectiveness of the concept of the right to information privacy in the Japanese socio‐cultural and economic context is examined and the need to rethink the concept of the right to information privacy discussed. Finally, a revised conception of the right is proposed.

In view of the circumstances in Japan, the concept of the right to information privacy, defined as “an individual's right to control the circulation of information relating to him/herself”, as well as the Organisation for Economic Co‐operation and Development's eight principles already become outdated in today's sophisticated information‐communication society. There is a need to control/restrict use of personal information so that individuals' autonomy and freedom is ensured in the current situation and to revise the concept of the right to information privacy based on this idea.

This paper proposes a revision of the concept of the right to information privacy focused on control of, not access to, use of personal information. The revised concept is defined so that individuals' autonomy and freedom is ensured even in the “informational transparent” society.