Interrelations between Measures to Ensure Cybersecurity and Secrecy of Communications in Japanese Law
| Jazyk: | japonština |
|---|---|
| Rok vydání: | 2022 |
| Předmět: | |
| Zdroj: | 総合政策研究. 30:47-58 |
| ISSN: | 1341-7827 |
| Popis: | application/pdf It has been suggested that secrecy of communications stipulated in the Constitution of Japan and some legal acts hinder measures to ensure cybersecurity. This paper challenges this view and postulates that the legal interests of secrecy of communications include ensuring the security of communications networks. However, there are indeed few, and mostly scattered articles that stipulate secrecy of communications in Japanese law. It appears that they are based on the notion that “secrecy” is tantamount to privacy or what we would like to hide. On this basis, they are interpreted as if they were intended for the prohibition of actively knowing, leaking or utilizing information that is secret in communications. As a result, Japanese legal acts do not stipulate concrete measures that may be needed to ensure cybersecurity or the security of networks, although a basic act on cybersecurity enacted in recent years requires public authorities to take necessary legal measures for cybersecurity. If the Constitution of Japan allows a certain level of measures to ensure cybersecurity, even though they might accompany legal acts that actively grasp the secrecy of information, they should be articulated in relevant laws such as the telecommunications business act. Therefore, we need to determine and articulate under law to what extent these measures are allowed while balancing this with protecting privacy in communications. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|