Socio‐cultural analysis of personal information leakage in Japan

Abstract

PurposeThe purpose of this paper is to analyse incidents of personal information leakage in Japan based on Japanese socio‐cultural characteristics of information privacy and to consider how best to develop an effective personal information protection policy that conforms to Japanese situations as well as to the global requirement of personal information protection.Design/methodology/approachAfter describing recent incidents of personal information leakage in Japan, the paper examines the defects of the Act on Protection of Personal Information (APPI) that permit these incidents to continue. Subsequently, these incidents and the responses of the Japanese people in a manner that reflects the unique Japanese socio‐cultural characteristics of information privacy are analysed. Finally, the paper proposes a revision of APPI that conforms to these Japanese socio‐cultural characteristics as well as to the global requirement for personal information protection.FindingsPersonal information leakage cases and social responses in Japan reflect three Japanese socio‐cultural characteristics: Uchi/Soto awareness, insular collectivism and Hon'ne/Tatemae tradition. An effective law protecting personal information in Japan's cultural environment cannot be made simply by copying the privacy protection laws in western nations. Instead, legal protection of personal information should be drafted that reflects and takes into account these socio‐cultural characteristics.Originality/valueThis paper conducts analysis of incidents of personal information leakage in Japan based on Japanese socio‐cultural characteristics. A revision of APPI is proposed on the basis of the analysis. The paper's analysis and proposal would provide a good clue to develop effective measures to protect personal information and the right to information privacy in the global, multicultural information society.

The Institution of Environmental Reporting in Japan: An Exploratory Study

“…In the case of using formal regulations, Haley (1991, p. 186) claims that the law functions as tatemae in establishing the legitimate norms of principle that demark both ideals and boundaries. Orito and Murata (2008) also admit this claim.…”

The Development of Japanese Data Protection

“…… According to the ministry, about 60 cases of forged ID cards have been reported by municipalities during fiscal [year] 2007. (Asahi Shimbun 2008 These continuing problems were addressed in detail by Orito and Murata (2008).…”

Rethinking the concept of the right to information privacy: a Japanese perspective

“…This response has led to mixed results including excessive rigidity in interpreting APPI, whereas even after the enforcement of the act a lot of personal information leakage incidents, which give the appearance that APPI has failed to function well to promote proper handling of personal information, have occurred (for details of the incidents, see Orito and Murata, 2008). This was highlighted by the JR Fukuchiyama Line train disaster on 27 April 2005.…”

“…In another paper, the authors analysed incidents of personal information leakage in Japan with the focus on three Japanese socio‐cultural characteristics, Uchi/Soto awareness, insular collectivism and Hon'ne/Tatemae tradition, and, based on the analysis, proposed the revision of APPI so as to make it effective in protecting personal information (Orito and Murata, 2008). In contrast, in this paper, we attempt to reconsider the concept of the right to information privacy and propose, from a Japanese perspective or based on our observation of Japanese socio‐cultural and economic circumstances surrounding personal information and privacy, a revised conception of this right that is suitable for the modern information society.…”