Brief History and Introduction of Privacy and Human Rights
From Article 21 of the Japan Constitution states, “Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.” Article 35 states, “The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized . . . Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.”1
A 1988 Act for the Protection of Computer Processed Personal Data Held by Administrative Organs governs the use of personal information in computerized files held by government agencies. It imposes duties of security, access, and correction. Agencies must limit their collection to relevant information and publish a public notice listing their file systems.
The Japanese government has followed a policy of self-regulation for the private sector, especially relating to electronic commerce. Essentially, there were no set privacy laws other than the general issues stated in the constitution, but when needed the Japanese government will intervene and regulate. In June of 1998, former Prime Minister Ryutaro Hashimoto announced that he had signed an agreement with U.S. President Clinton for self-regulation for privacy measures on the Internet except for certain sensitive data. “If data in a certain industry is highly confidential, legal methods can be considered for that industry.”2
Several committees have been ...
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...s not safe. We need to take more time.”4
References
1 Constitution of Japan, November 3, 1946.
<http://www.kantei.go.jp/foreign/constitution_and_government_of_japan/constitution_e.html>
2 U.S. Japan Joint Statement on Electronic Commerce, May 15, 1998. <http://www.ecommerce.gov/usjapan.htm>
3 Japan: More Crime, Less Privacy, 2 Jun 1999, <http://www.wired.com/news/business/0,1367,19973,00.html>
4 James Brooke, Japan in an Uproar as 'Big Brother' Computer File Kicks In, 5 Aug. 2002, <http://www.orbicom.uqam.ca/in_focus/news/archives/2002_aout/2002_aout_05.html>
5 Lies and Secrets: Japan's National ID Network Has Gone Live Already, 31 Jul. 2002, <http://www.questionsquestions.net/documents2/japan_id.html>
6 Japan ID System Raises Big Brother Fears, 5 Aug. 2002, <http://edition.cnn.com/2002/WORLD/asiapcf/east/08/04/japan.idcard/>
Don’t put it on the internet, although I guess some people would! “Don Tapscott can see the future coming ... and works to identify the new concepts we need to understand in a world transformed by the Internet.” (“Don Tapscott” Ted Conferences LLC) Tapscott is an Adjunct Professor of Management at the Rotman School of Management and the Inaugural Fellow at the Martin Prosperity Institute. In 2013, Tapscott was appointed Chancellor of Trent University. He has written extensively on the topic of information security in the digital age over the past fifteen years. In his essay entitled, “Should We Ditch the Idea of Privacy?”(Tapscott p.117). Tapscott considers a new, emerging theory
Imagine being watched by your own government every single second of the day with not even the bathroom, bedroom, kitchen and all the above to yourself. George Orwell’s 1984 is based on a totalitarian government where the party has complete access over the citizens thoughts to the point where anything they think they can access it, and control over the citizens actions, in a sense that they cannot perform what they really want to or else Big Brother, which is the name of the government in the book 1984, will “take matters into their own hands.” No one acts the same when they are being watched, as they do when they are completely alone.
Over the past decade the world has gotten much smaller due to the electronic communication the Internet has fostered. While this promotes business and international relations, problems arise regarding the protection of individuals’ personal information. Many countries around the world have developed privacy policies and laws protect an individual's information in the realm of electronic communication. Universal enforcement gets complicated because the Internet is not restricted to one country; it’s worldwide. As a result, concerns arise regarding the compatibility of various countries' privacy policies. This paper will discuss the current legislation in place for various major countries1, the existing conflicts between these countries’ policies and the implications these conflicts hold for the protection of privacy on the Internet.
The United States government is up to its ears in the personal information it has collected from its citizens. Americans are becoming increasingly “aware of these slowly eroding walls of privacy,”(Hirsh) and more than half polled admit concern “about the overall accumulation of personal information about them “by […] law enforcement, government, […] and other groups,” though “they accept it as an unavoidable modern phenomenon” (Hirsh). The question is, how far is too far to trust the government with the collection, proper storage, and usage of this information? Studies show that “Americans believe that business, government, social-media sites, and other groups are accessing their most personal information without their consent” (Hirsh). People should be given the ability to admit or deny access to their personal information. The government does not have a right to use whatever information it wants for any purpose it wishes. Michael Hayden, once the NSA director for seven years, says, “Even I recognize that it's one thing for Google to know too much, because they aren't putting me in jail. It's another thing for government, because they can coerce me” (Hirsh). The United States government's ability to collect information about its citizens and residents should be restricted by what kind of information it can take, how it can acquire it, and what it can use it for.
Scrolling through my Facebook feed on my iPhone, casually looking at my friend’s pictures statuses and updates, I came across a video with an amusing title. I tapped the play button expecting the video to load. Instead, I was redirected to an app asking permission to access my “public information, pictures and more.” I then realized; what I considered to be “private information” was not private anymore. Privacy is becoming slowly nonexistent, due to the invasion of advertising companies and the information we publicly post in the online world. In the essay “The Piracy of Privacy: Why Marketers Must Bare Our Souls” by Allen D. Kanner remarks, how major companies such as Google, Yahoo and Microsoft get billions of transmissions each year on
Japan, known as Nippon to its natives, is known for its exotic and captivating culture. Tokyo, its highest metropolitan area alone, is a sight to see. That is not what will be discussed in this essay though. Modeled after the European Civil law, but highly influenced by American legal traditions, Japan’s Criminal Justice System is intriguing to read about. Puzzled by the American influence? Japan’s defeat in World War II brought major change to the country, resulting in a Constitution much similar to the U.S. with three branches of government.
Since the founding of the United States, our outlook on the way it treats its citizens has not changed very tremendously. Apart from the abolishment of slavery, and various other corrupt practices which were fixed, well for the most part. The concept of birthrights and unalienable rights is not very farfetched, yet our government continuously attempts to impede these rights in an attempt that should not be tested. The right to privacy is a very serious concern and could be taken more heavily especially if it involves the safety of an individual or that of a nation, is no big difference, but the government should not go to the point of impeding our rights or freedoms to acquire these measures.
Privacy is one of the severe issue in today’s Modern Technology era, tied to human right around the world. Most countries have started thinking differently regarding between the people’s right and national security, and trying to leverage on new technology to detect potential national threats without hurting people’s privacy. However, there's a blurred line between privacy violation and government surveillance. (Sánchez, Levin & Del, 2012) It would be a learning process for governments to seek an optimum balance between retain integrity of privacy right and eliminate national threats in order to make the country better.
The computer is considered one of the most important technological advances of the twentieth century. Security and privacy issues have been in existence long before the computer became a vital component of organizations' operations. Nevertheless, the operating features of a computer make it a double-edged sword. Computer technologies with reliable error detection and recording capabilities, permit the invasion of a supposedly secure environment to occur on a grand scale and go undetected. Furthermore, computer and communications technology permit the invasion of a persons' privacy and likewise go undetected. Two forces threaten privacy: one, the growth of information technology with its enhanced capacity for surveillance, communication, computation, storage and retrieval and two, the more insidious threat, the increased value of information in decision making. Information has become more vital in the competitive environment, thus, decision makers covet it even if it viol!
Computers; they are a part of or in millions of homes; they are an intricate part of just about every if not all successful businesses, the government, and the military. Computers have become common place in today’s society and the lives of the people who live in it. They have crossed every national, racial, cultural, educational, and financial barrier, which consequently ushered in the information age. A computer is a programmable electronic device that can store, retrieve and process data, and they come in all shapes, and sizes. They can be used for and in just about anything. As stated before, they are used in just about every aspect of modern society. They are so fundamental to modern society that it would be disastrous to society without them. As stated before, there are many areas in modern society that are run by computers. They play an intricate part of millions of homes in the world. Office workers in business, government and the military may use them to write letters, keep rosters, create budgets, find information, manage projects, communicate with workers, and so on. They are used in education, medicine, music, law enforcement, and unfortunately crime. Because computers have become such a part of the world and how it operates, there is a tremendous responsibility for those who are in control of these computers and the vital information that they carry, to manage and protect them properly. This is management and protection is vital because any loss or damage could be disastrous for the affected entity. For example, a mistake or intentional alteration of a personal credit file could affect ones ability to buy a car or home, or can lead to legal actions against the affected person until the mistake or intentional alteration has been corrected. Therefore, with the advent of computers in the information age, and all of the intentional and unintentional violations against them, comes the need to safeguard them and the information they carry with strong systems and policies of computer security.
...the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The High Representative shall decide on the implementing rules for the EEAS.”
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
As can be seen, from the information presented, the need for laws and restrictions concerning internet data collection is greatly needed. Moreover, the government can search private citizens data without warrant or cause. Also, companies are not only collecting internet user data but also selling it. The companies and agencies who commit such crimes should be fined or either closed down. In closing, the privacy and security of individuals on the internet should be upheld by the United States government.
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
With the controversy of intrusion of privacy, this has forced various governments to make laws and clarifications of laws in multiple countries. For example,