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The Ministry of Internal Affairs and Communications’ “Study Group on Platform Services” began on October 19, 2018.

In light of platform operators’ recent provision of services using large volumes of user information, the study group will examine how to ensure that user information is handled appropriately, among other issues.

The proposed topics for consideration are:
(1) Differences in how telecommunications carriers and domestic and foreign platform operators handle user information, including the secrecy of communications and privacy information, and differences in the rules applying to them.
(2) The appropriate form of domestic trust services and measures to ensure interoperability with other countries, from the perspective of promoting smooth data flows using platforms in Japan and abroad.

I recognize this as an extremely important research topic given current circumstances. I am also honored to serve as one of the members.

Members:
Naoto Ikegai, Associate Professor, Department of Public Policy, Faculty of Economics, Toyo University
Kazuko Otani, Executive Officer and General Manager, Legal Department, The Japan Research Institute, Limited
Tamayo Kimura, Head of Consumer Consultation Office, Housewives’ Association
Natsuhiko Sakimura, Senior Researcher, Digital Infrastructure Innovation Division, Nomura Research Institute
◎ Tsunetoshi Shishido, Professor, Graduate Schools for Law and Politics, The University of Tokyo
○ Fumio Shimpo, Professor, Faculty of Policy Management, Keio University
Satoru Tezuka, Project Professor, Graduate School of Media and Governance, Keio University
Shinji Terada, Senior Researcher, Keio Research Institute at SFC
Toshihiro Matsumura, Professor, Institute of Social Science, The University of Tokyo
Hiroshi Miyauchi, Attorney, Miyauchi & Mizumachi IT Law Office
Ryoji Mori, Attorney, Eichi Law Offices
Itsuko Yamaguchi, Professor, Interfaculty Initiative in Information Studies, The University of Tokyo

(◎ = Chair; ○ = Deputy Chair)

Today, the secretariat first presented the detailed background and proposed issues for consideration. Member Ikegai then introduced overseas developments, focusing on the ePrivacy Directive and the eIDAS Regulation. Each member was subsequently asked to present opinions and observations within 3 minutes.

I raised the following 3 points.

  1. Privacy
    As an editor of “ISO/IEC 29184 Online Privacy Notice and Consent,” perhaps I should hesitate to say this, but requiring so-called “consent” too often may desensitize consumers, so caution is necessary. Instead, perhaps a structure is needed in which a “data ethics committee” or the “stakeholder meeting” described in ISO/IEC 29134 assesses whether data processing1 is appropriate and decides whether its use should be permitted.
  2. Trust Services
    As noted, network effects are important amid the current rise of platform services. In light of this, ensuring mandatory interoperability, as eIDAS and UK Open Banking do, may be one key.
    Moreover, just as some describe IoT as the “Internet of Threat,” raising the baseline security level is an urgent task. Should consideration of trust services not include this perspective?
  3. Browsers Becoming Gatekeepers
    The materials point to oligopolization among platform services, but browsers are even more oligopolistic. Desirable measures must be considered while taking this reality into account.

My notes also included the issue of whether “consent management services” should be considered among trust services, but I have forgotten whether I mentioned it. I may have omitted it for lack of time. Incidentally, I timed my remarks with a stopwatch and believe I finished in approximately the prescribed 3 minutes plus 7 seconds.

A television camera was present at the beginning. Because we were seated in Japanese alphabetical order, I was next to Chair Shishido, so I appeared in an extreme close-up on the NHK news (sweat).

Ministry of Internal Affairs and Communications, “Study Group on Platform Services” (Source) NHK [2018-10-18]. Click to open NHK’s video site.
How long has it been since I appeared on television? It may have been since NHK’s “Information White Box” around 2009. I do not receive this sort of work very often…2.

 

Footnotes

  1. “Processing” under the GDPR includes collection.
  2. My wife appears on television far more often…

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