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32 J. Marshall J. Info. Tech. & Privacy L. 1 (2015-2016)

handle is hein.journals/jmjcila32 and id is 1 raw text is: ARTICLES JAPANESE AND AMERICAN PRIVACY LAWS, COMPARATIVE ANALYSIS JANE KIm- To understand the laws of a foreign nation, one must first under- stand that nation's culture. Its people and their customs will provide in- sight into the proper interpretation and application of such laws. For those reasons, this commentary commences with cursory background on Japanese people, followed by a brief comparative analysis of Health In- surance Portability and Accountability Act (HIPAA) (enacted in 1996) and its Japanese counterpart, the Act on the Protection of Personal In- formation (APPI) (enacted in 2003). The Japanese have borrowed a lot of American concepts of privacy laws. This paper will explore how these imported privacy concepts may not have translated well into Japanese culture and, in fact, a question is raised as to whether these privacy laws carry any meaning at all in Japan. I. THE JAPANESE To understand the Japanoso we must know the why's behind the what's, we must know the values driving the culture. Japan is a society that did not abandon feudalism until the mid- nineteenth century, where the vast majority of the Japanese lacked a Jane Kim received her undergraduate degree at the School of the Art Institute of Chicago and her JD degree at John Marshal Law School of Chicago. A practicing law- yer with a litigation background including healthcare and compliance areas, Ms. Kim has handled matters at all levels in federal and state court systems. She is currently complet- ing her LLM in Health Law degree at Loyola University Chicago School of Law and is a law partner at KYZ Law P.C. 1. Thomas Kasulis, Intimacy- A Goneral Oriontation in Japanoso Roligious Valuos, PHILOSOPHY EAST AND WEST, UNDERSTANDING JAPANESE VALUES, Vol. 40, No. 4, 434 (Oct. 1990), availablo athttp://buddhism.lib.ntu.edu.tw/FULLTEXT/JR-PHIL/kasulis2.htm.

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