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Full-Text Articles in Privacy Law
Privacy Matters: Data Breach Litigation In Japan, Andrew M. Pardieck
Privacy Matters: Data Breach Litigation In Japan, Andrew M. Pardieck
Washington International Law Journal
In 1890, when Brandeis and Warren wrote The Right to Privacy, Japan did not have a word for privacy. Today, it is closely guarded in Japan: the European Data Protection Board has found privacy protections in Japan “equivalent” to those in the EU. This research explores the evolution of privacy law in Japan, focusing on data breach and the legal rights and obligations associated with it. The writing is broken up into two parts: This article discusses private enforcement of privacy norms, as it is the courts that first established and continue to define privacy rights in Japan. A separate …
Cross-Border Data Flows, The Gdpr, And Data Governance, W. Gregory Voss
Cross-Border Data Flows, The Gdpr, And Data Governance, W. Gregory Voss
Washington International Law Journal
Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation. This Article focuses primarily on these complexities and on the impact of the new European Union (“EU”) legislation on personal data protection—the GDPR. First, this Article introduces its discussion of these flows by placing them in their economic and geopolitical setting, including a discussion of the results of a lack of international harmonization of law in the area. In this framework, rule overlap and rival standards are …