Protecting telecommunications privacy in Japan

Protecting telecommunications privacy in Japan
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保护日本的电信隐私

DOI:
10.1145/163381.163400
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发表时间:
1993
期刊:
CACM
影响因子:
--
通讯作者:
T. Hiramatsu
T. Hiramatsu
中科院分区:
--
文献类型:
--
作者:
T. Hiramatsu

文献摘要

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从传统上讲,日本人对隐私权并不是很敏感。这种漠不关心的现象可以追溯到稻米种植的实践,对于稻米种植而言,为了维持许多世纪的生活和生计,社区合作是不可或缺的。需要邻居帮忙分配灌溉田地所需的水。没有他们的参与,就没有水稻可收。这些情况造成了对一位有能力调解各种利益的强大社区领导人的依赖。尽管近年来人们对隐私问题的态度和担忧有所增加,但重要的是要认识到,日本人的行为最初是以社区社会阶层为基础的有序人际关系为中心,而不是尊重个性。行为的演变按照下级与上级、青年与老年、丈夫与妻子、父母与子女、男人与女人等关系演变。这种行为今天仍然存在于大公司和行政组织的官僚机构中。例如,如果我们和同事一起去餐馆吃饭,我们会根据一个人的职位、年龄、资历或角色来决定谁坐在哪里。这种做法是所有新员工必须学会尊重的一种形式。引起纠纷或冲突的工人是。经常受到批评,尽管他们的行为是合法的。因此,得知日本很少提起诉讼也就不足为奇了。日本的传统文化也反映在其制定的各种法律中,包括《通过计算机处理保护政府机关保存的个人信息法》(下称《个人信息法》,见[2])。日本的大多数法律,特别是那些具有行政性质的法律,赋予政府机构规范公民行为的权力,但没有赋予公民要求政府守法的权利。这些法律背后的基本概念是,为了自己的利益而坚持自己的权利的公民是自私的,不尊重他人。不存在坚持权利对社会尽责的想法。日本法律的另一个特点是,当违规行为发生时,通常不会施加重罚。其主要原因是,在日本,起草法案的官员(超过80%的法律是由机构或部门的官员起草的)不会起草任何在不施加严厉惩罚的情况下难以执行的法案。此外,…
T raditionally, the Japanese have not been very sensitive to the right of privacy. This lack of concern can be traced to the practice of rice cultivation , for which community cooperation was indispensable in order to maintain life and livelihood through many centuries. Neighbors were needed to help distribute the water necessary for irrigating the fields. Without their participation, there would be no rice to harvest. These circumstances have created dependence on a strong community leader who has the ability to mediate various interests. Although attitudes and concerns over privacy issues have increased in recent years, it is important to realize that Japanese behavior was originally centered around orderly human relations based on community social strata, rather than respect for individuality. Behavior evolved according to the relations between subordinate and superior, young and aged, husband ',and wife, parent and child, man and woman, and so on. Such conduct still exists today in bureaucracies of large companies and administrative organizations. For example, if we visit a restaurant with our co-workers, we determine who sits where according to one's position, age, seniority or role. This practice is a formality all new corn party employees must learn to show respect. Workers who cause disputes or conflicts are. often criticized in spite of the legitimacy of their behavior. Thus, it should not be surprising to learn that very few lawsuits are filed in Japan. Traditional Japanese culture is also reflected in its formulation of various laws, including the Act to Protect Personal Information Kept by Government Organs by Means of Computer Processing (hereafter referred to as Personal Information Act, see [2]). Most laws in Japan, especially those of an administrative nature, give government institutions authority to regulate citizens' conduct, but do not give citizens the right to ask the government to observe laws. The fundamental concept behind these laws is that citizens who insist on their own rights for their own benefit are egotistical and do not regard others. The idea of insisting on one's rights to discharge one's duty to society does not exist. Another characteristic of Japanese law is that heavy penalties are generally not imposed when violations occur. The primary reason for this is that in Japan, officials who draft bills (more than 80% of laws are drafted by officials of agencies or departments) do not draft any that would be difficult to enforce without imposing severe penalties. In addition, …