Reproduction of 'The Economic Impacts of COVID-19: Evidence from a New Public Database Built Using Private Sector Data'

This chapter examines the statutory grounds for governmental access to private-sector data in Korea. It focuses on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice. Systematic government access to private-sector data can take place through warrants issued by a court. Notably, due to the unique truce situation, under which the Republic of Korea is technically still at war with North Korea, Korean authorities are sometimes allowed to obtain private-sector data without warrants, for national security purposes. This chapter examines the statutory grounds for governmental access to private-sector data in Korea, focusing specifically on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice.

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Systematic Government Access to Private-Sector Data in Japan

10.1093/oso/9780190685515.003.0013 ◽

2017 ◽

Author(s):

Motohiro Tsuchiya

Keyword(s):

World War Ii ◽

Private Sector ◽

Legal System ◽

Personal Information ◽

Data Gathering ◽

Executive Branch ◽

Information Protection ◽

World War ◽

Sector Data ◽

Personal Information Protection

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.

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Systematic Government Access to Private-Sector Data in the United States II

10.1093/oso/9780190685515.003.0009 ◽

2017 ◽

Cited By ~ 1

Author(s):

Fred H. Cate ◽

Beth E. Cate

Keyword(s):

United States ◽

Private Sector ◽

Freedom Of Expression ◽

The United States ◽

Freedom Of Information ◽

Privacy Rights ◽

Reasonable Expectation ◽

The Supreme Court ◽

The Us ◽

Sector Data

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).

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Systematic Government Access to Private-Sector Data in the United States I

10.1093/oso/9780190685515.003.0008 ◽

2017 ◽

Author(s):

Stephanie K. Pell

Keyword(s):

Private Sector ◽

Public Information ◽

The United States ◽

Third Party ◽

Threat Detection ◽

Detection And Identification ◽

Potential Applications ◽

September 11 Attacks ◽

Access To Data ◽

Sector Data

After the September 11 attacks, law enforcement's mission expanded to include, at times even prioritize, the general “prevention, deterrence and disruption” of terrorist attacks, which presumed a new emphasis upon threat detection and identification by analyzing patterns in larger, less specific bodies of information. Indeed, the unprecedented level of “third-party” possession of information inevitably makes the private sector the most reliable and comprehensive source of information available to law enforcement and intelligence agencies alike. This chapter explores the potential applications of systematic government access to data held by third-party private-sector intermediaries that would not be considered public information sources but, rather, data generated based on the role these intermediaries play in facilitating economic and business transactions (including personal business, such as buying groceries or staying at a hotel on vacation).

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