This panel will examine the recent data protection law reforms in Japan and consider the convergence between Japan and the EU. The 2019 adequacy decision for Japan was a success story for constructing privacy bridges between the EU and Japan. Furthermore, the Act on the Protection of Personal Information (APPI) was amended in 2020 and 2021, with major changes in its legal regime, with a GDPR influence. While the EU and Japan mutually declared their friendship regarding data protection in 2019, there are still unsettled and emerging issues. For instance, the EU adequacy decision covers the private commercial sector, in other words, there is no adequacy decision over the public sector for Japan. Japan also has been engaging with other partners such as the U.S. and the U.K. with new trade agreements, which may potentially impact algorithmic transparency and data subjects` rights. With regards to the AI regulation, Japan has not yet prepared its legally binding instruments – unlike the proposed AI regulation. Japan promotes Data Free Flow with Trust, whose trusted framework of data flow is under construction. If a convergence is a matter of degree, it is important to measure its closeness from a scientific perspective. The experts from Japan and Europe will give you their observations on EU-Japan data protection convergence.
• How successfully has the EU exported data protection values to the Far East?
• Does the trade agreement (e.g. Japan-US/ Japan-UK) dilute the solid EU-Japan mutual adequacy decision?
• What is the Japanese ambition of Data Free Flow with Trust (DFFT) initiative?
• How can we realise ‘trusted’ data flows and what is the Japanese approach of trusted web with verified data exchange?