Canadian and Japanese Laws Concerning the Protection of Privacy and Personal Information in the Private Sector: A Comparative Study

• Main Author: Nomura, Tamotsu
• Format: Dissertation
• Language: English
• Published: ProQuest Dissertations & Theses 01-01-2020
• Subjects: Banking; Consent; Electronic documents; Information science; Law; Management; Personal information; Privacy; Privacy Act-Canada; Security management
• ISBN: 9798708709806

With the progression and spread of information technologies, personal information is being used innovatively to increase individual, social, and economic benefit. At the same time, the risk of invasion of privacy has also grown higher. Currently, at international governmental meetings, many countries insist on the importance of comparing legal systems protecting privacy for the development of international economic society. This thesis aims to identify similarities and differences in Canadian and Japanese laws concerning the protection of privacy and personal information in the private sector. It also intends to shed light on the reasons for these similarities and differences, through investigation of the legislative history, judicial precedents and records in legislative procedure.First, this thesis considers the origin and development of the “right of privacy” and personal information protection. It identifies the privacy protected by tort law, constitutional law and data law and defines the meaning of the right of privacy. Second, the thesis will inquire into the process of developing privacy and personal information protection in Canada and Japan. This thesis suggests that the process of developing privacy and personal information protection in both Canada and Japan is divided into five periods. Finally, the thesis will engage in an in-depth comparison of the personal information protection laws between Canada and Japan, the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada and the Act on the Protection of Personal Information (APPI) of Japan. The comparison will focus on three criteria: 1) what are the laws concerning personal information protection supposed to protect, 2) how do the laws protect personal information, and 3) what mechanisms guarantee the actual enforcement of the laws. A few of the most striking differences identified are the way in which the respective legislation deals with anonymously processed information, the consent principle, the opt-out procedure, and the settlement of complaints by accredited personal information protection organizations. Various reasons for these differences are suggested, and include the economic structure, intention of government, and legal framework in each country.