Privacy Protection as a Fiduciary Duty

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  • 信認義務としてのプライバシー保護
  • シンニンギム ト シテ ノ プライバシー ホゴ

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Abstract

<p>In this paper, I examined the legal protection of privacy and obtained the following findings. First, the distribution of personal information based on trust relationships is one of the aspects of privacy, and it should be protected by fiduciary duties. Second, in the judicial precedent in Japan that protected the " reasonable expectation for proper management " of Extensive Privacy Information, the Supreme Court regarded a trust relationship as a privacy interest, and it can be analogized with the fiduciary doctrine under the Anglo-American law. Third, since the protection of " reasonable expectation " stems from the duty of good faith, it can be developed beyond the confidentiality obligation towards the disclosure obligation of business operators as information fiduciaries.</p>

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