Dongsheng Zang, Data Self-determination and Constitutionalism in East Asia (Misako Oda trans.), 55 Ritsumeikan J. Int'l Rel. & Area Studies 73 (Oct. 2022)
Data Self-determination and Constitutionalism in East Asia
Ritsumeikan Journal of International Relations and Area Studies
Privacy, Self-determination, Data, Constitutionalism, East Asia
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.