Professor Takayuki Kato, Professor of Law, Department of Law, Faculty of Law, Asia University
Topic: Data Protection – Common Fundamental Value?
Abstract: It is normally difficult for legislatures to make innovative law by anticipating what will happen. It is therefore often said that only after a new technology is emerged, can legal regulations be designed for the problems it creates. This statement is especially true of the world filled with AI systems.
Most legal scholars of data protection and privacy are involved in the rat race to be the first to have the knowledge of what is happing in the latest technology and to identify issues for legal regulation.
This race might be necessary and will never end unless technology developments stop. However, we should consider if a new technology really brings us a new legal challenge and compels us to modify or discard our fundamental principles, in this case, data protection and privacy.
Is the notion of data protection truly fundamental? If we do not consider this, we may lose sight of why we have to continue this race. The examination of the fundamental but often ignored principles of privacy would be essential to provide clues to the solution.