情報プライバシー権と表現の自由の関係に関する一試論 : アメリカにおける議論を参考にして

概要

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Privacy rights have developed from "the classical privacy right", such as the right to be let alone or the right not to have one's private life disclosed, to "the modern privacy right" or "the information privacy right", such as the right to control self information. In Japan, many scholars and precedents have discussed the relationship between the classical privacy right and freedom of expression in the context of "mass media privacy". However, discussions of the relationship between the information privacy right and freedom of expression in the context of "computer privacy" are not enough. In contrast, there are exhaustive discussions about the relationship between the information privacy right and freedom of speech in America. One opinion argues that the information privacy right is not defensible under the First Amendment, but the other opinion contends that the right is defensible under the First Amendment. These recent American discussions give us many suggestions. This article examines the relationship between the information privacy right and freedom of expression referring to these recent American discussions.
2011-11-15