Abstract
Much focus has been placed on the rapid adoption of laws and regulations governing information and data privacy around the globe. While such laws and regulations are undoubtedly critical in quelling increasing concerns about invasions of privacy enabled by technological advancements, a focus on new laws and regulations alone overlooks a critical and more foundational source of privacy rights—national constitutions. This paper analyzes whether a right to privacy exists under the Japanese Constitution and how the nature and scope of such a right is impacted by Japanese culture. An overview of key early court cases framing the right to privacy is provided. Next, the author summarizes contemporary debates on and proposals for amendments to the Japanese Constitution, within which voices in support of an explicit right to privacy are conspicuously absent, and suggests possible explanations for such absence. One such explanation includes the Japanese Diet’s (Japan’s national legislative body) active role in legislating data privacy over recent years. Finally, the author briefly discusses the gaps in privacy that could be addressed through an explicit constitutional right to privacy and suggests further areas of research.
Recommended Citation
Mark A. Sayre,
The Right to Privacy and the Japanese Constitution,
2
Student J. Info. Priv. L.
(2024).
Available at:
https://digitalcommons.mainelaw.maine.edu/sjipl/vol2/iss1/3
