عنوان انگلیسی مقاله:
Human-centric data protection laws and policies: A lesson from Japan
ترجمه فارسی عنوان مقاله:
قوانین و سیاستهای حفاظت از دادههای انسان محور: درسی از ژاپن
Sciencedirect - Elsevier - Computer Law & Security Review: The International Journal of Technology Law and Practice, 40 (2021) 105487: doi:10:1016/j:clsr:2020:105487
This article examines the human dignity defined in Convention 108+ and, from a Japanese
perspective, explores the possibility of a universal philosophy of data protection.
The recent human resources scandal (the Rikunabi case) in Japan has made stakeholders to
realise the importance of the basic philosophy of data protection. Convention 108+ declared
‘human dignity’ to prohibit an instrumental treatment of individuals in processing personal
data, and thereby, in a positive sense, place the human in the centre of data processing
cycle. Although there is no concept equivalent to ‘human dignity’ under the Japanese data
protection laws, due to social norms in Japan, the human-centric approach is supported by
recent Artificial Intelligence (AI) guidelines in Japan.
The basic idea of the relationship between humans and machines is universal, even if the
laws are local, in bridging the different legal regimes. The promise of Convention 108+ seems
to take the processing of massive volumes of personal data, sorting out the individuals, and
standardising the personality as its specific targets, and the defence of digital humanity as
its noble ideal. In this sense, Convention 108+ has a universal value with its human dignity.
Keywords: Human-centric data protection | Human dignity | Japanese data protection laws | Artificial intelligence | Convention 108+