Data Self-determination and Constitutionalism in East Asia

Publication Title

Ritsumeikan Journal of International Relations and Area Studies

Keywords

Privacy, Self-determination, Data, Constitutionalism, East Asia

Document Type

Article

Abstract

This paper examines the theory of data self-determination in privacy litigations in Japan, South Korea and Taiwan in three areas: fingerprint, identification number and GPS (global positioning system) search. It argues that in each of these areas, courts in East Asia demonstrated a stronger inclination in applying data self-determination theory than either courts in the United States or the European Union. This makes East Asia uniquely a “third sphere” in the debates on privacy outside Western democracies.

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