Abstract
A novel project called iKaaS (intelligent Knowledge-as-a-Service) was adapted as a Strategic Information and Communications R&D Promotion Programme (SCOPE), one of the projects funded by Ministry of Internal Affairs and Communications. This project aims an advanced knowledge-intensive platform that enables to provide and distribute the relevant information under strict consideration of privacy. This information distribution includes a cross-border one between EU and Japan, where privacy protection of the data subject is a major issue. To settle the privacy issues inside the project, DPEC (Data Protection and Ethical Community) was established as a governing organization for privacy. In this paper, we consider issues on the cross-border data distribution from the viewpoint of the legal system comparison between EU and Japan. As a result of the consideration, we introduce the governance framework of DPEC. Moreover, we clarify the issues to be discussed in the future cross-border data distribution and propose a privacy enhanced data protection scheme.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
See. Investigative report which was written by a third-party committee (Only in Japanese), http://www.nict.go.jp/nrh/iinkai/report.pdf. That concluded the experiment was no illegal, but needs explicit notices. NICT planned to use surveillance cameras to control streams of people in the station.
- 2.
See. Investigative report which was written by a third-party committee (Only in Japanese), http://www.jreast.co.jp/information/aas/20151126_torimatome.pdf. This is the report about the disclosure of the data of Suica outside JR East. The third-party committee didn’t mention illegality of the disclosure. JR East planned to disclose boarding history data on Suica, where only names of the card holder were removed. This procedure was criticized because a person who holds the Suica can be estimated by the boarding history data.
- 3.
See. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)/* COM/2012/011 final - 2012/0011 (COD)*/ http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52012PC0011.
- 4.
See. Administration Discussion Draft: Consumer Privacy Bill of Rights Act of 2015 https://www.whitehouse.gov/sites/default/files/omb/legislative/letters/cpbr-act-of-2015-discussion-draft.pdf.
- 5.
See. Act on the Protection of Personal Information (translated in English) http://www.japaneselawtranslation.go.jp/law/detail_main?id=130&.
- 6.
(Proper Acquisition) Article 17 A business operator handling personal information shall not acquire personal information by a deception or other wrongful means deception or other wrongful means.
- 7.
See. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:31995L0046.
- 8.
Article 7 clarifies the conditions for consent to be valid as a legal ground for lawful processing.
- 9.
Article 25 1. The Member States shall provide that the transfer to a third country of personal data which are undergoing processing or are intended for processing after transfer may take place only if, without prejudice to compliance with the national provisions adopted pursuant to the other provisions of this Directive, the third country in question ensures an adequate level of protection.
- 10.
Article 26 Derogations 1. By way of derogation from Article 25 and save where otherwise provided by domestic law governing particular cases, Member States shall provide that a transfer or a set of transfers of personal data to a third country which does not ensure an adequate level of protection within the meaning of Article 25 (2) may take place on condition that: (a) the data subject has given his consent unambiguously to the proposed transfer;.
- 11.
We have defined 14 factors.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2017 ICST Institute for Computer Sciences, Social Informatics and Telecommunications Engineering
About this paper
Cite this paper
Kato, N., Takasaki, H., Murakami, Y. (2017). Proposal of a New Privacy Protection Scheme for the Data Subject on the International Cooperation Information Sharing Platform. In: Giokas, K., Bokor, L., Hopfgartner, F. (eds) eHealth 360°. Lecture Notes of the Institute for Computer Sciences, Social Informatics and Telecommunications Engineering, vol 181. Springer, Cham. https://doi.org/10.1007/978-3-319-49655-9_4
Download citation
DOI: https://doi.org/10.1007/978-3-319-49655-9_4
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-49654-2
Online ISBN: 978-3-319-49655-9
eBook Packages: Computer ScienceComputer Science (R0)