ABSTRACT
This chapter discusses the legal challenges in governing government access to personal data, with a focus on jurisdictional issues. Cross-border data flows are sources of economic growth. Transparent and trusted government access to personal data is indispensable to the promotion of robust data transactions. Opaque or disproportionate government requirements that compel access to data may lead to undue restrictions on data flows, with detrimental economic impacts. Common principles and policy guidance for trusted government access are necessary to reconcile the data access needs of law enforcement with commercial interests and the protection of individual rights. After the introduction, this chapter addresses the structure of jurisdictional rules under international law and explains Japan’s efforts and tasks to promote its robust digital economy. Then, it examines the impact of bilateral and regional agreements on digital trade and mutual legal assistance treaties and proposes feasible ways to promote digital trade.
