This book offers a comparative legal analysis of data protection frameworks in three of Asias most influential jurisdictions: China, Japan, and South Korea. As data privacy becomes a universal legal concern, regional approaches remain deeply shaped by divergent legal traditions, economic strategies, and governance philosophies. This volume examines how each country balances the competing interests of individual privacy, economic innovation, and public security in crafting and enforcing data protection laws.
Focusing on four major themes(1) General Frameworks, (2) Biometric Data, (3) Artificial Intelligence, and (4) Cross-Border Data Transfersthe book explores how these countries address some of the most pressing and complex challenges in contemporary data protection law. Each chapter is written by legal scholars or practitioners with deep regional knowledge and comparative perspectives, offering both doctrinal analysis and practical insights drawn from real-world regulatory and litigation contexts.
Chapter 5 is available open access under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License via link.springer.com.
Introduction.- Part I: Data Protection Laws in East Asia.- The Legal
System Governing Data Protection in China.- Overview of Data Protection Laws
in Japan.- The Korean Personal Information Protection Act: An Overview.- Part
II: Biometric Data Protection Law.- The Evolution and Mechanism of China
Personal Biometric Data Legal Protection System.- Neuroprivacy: Mind, Body,
and Integrity.- Legal Constraints on the Use of Bio Data for Research
Purposes and the Introduction of a Dynamic Consent Model as a Solution.- Part
III: Data Protection Law and Artificial Intelligence.- China Approach to Data
Protection Practices in Context of Artificial Intelligence.- Data Protection
within the AI Context in Korea.- Part IV: Data Transfer Regulations.-
Compliance Mechanisms of Chinas Cross Border Data Transfer Regime.- The
Transfer of Personal Data between EU and Japan: Protection of Taxpayer Rights
Concerns.- Cross Border Transfers of Personal Data under the South Korean
Personal Information Protection Act (PIPA).
Hiroshi Miyashita, Professor, LL.D., Chuo University
Hiroshi Miyashita is Professor of Law, Faculty of Policy Studies, at Chuo University. He specializes in Constitutional Law and Information Law.
Prior to this, he has served for the Office of Personal Information Protection in the Cabinet Office. He received his LL.D. from Hitotsubashi University and has conducted research on data privacy as a visiting scholar at Harvard Law School, Brussels Privacy Hub, Vrije Universiteit Brussel, CRIDS (Centre de Recherche Information, Droit et Société), University of Namur, and Georg-August-Universität Göttingen. He serves as Vice-Chair of LAWASIAs Communications, Technology & Data Protection Committee.
He has been recognised with several academic awards for his contributions to the field of data protection and constitutional law, including the Telecommunications Advancement Foundations Telecom Awards for Humanity and Social Science and KDDIs Nextcom Article Awards. He published six single authored book on data privacy in Japanese and over 100 articles.
Nohyoung Park, Professor Emeritus, Ph.D., Korea University
Nohyoung Park is Professor Emeritus at Korea University School of Law, where he had served as a faculty member since September 1990. Originally specializing in international economic law with a focus on the WTO, he has broadened his academic interests to include cybersecurity and data privacy, negotiation and mediation, and digital trade and AI.
He served as Director of the Cyber Law Centre at Korea University, and now serves as President of the International Cyber Law Studies in Korea and Chairman of the Korea International Mediation Centre (KIMC). He has advised Korean governments and industries on various international legal matters, including participation in the negotiations of the KoreaChile Free Trade Agreement, the first FTA of Korea, and attendance at the 4th and 5th UNGGEs on information security between 2014 and 2017.
Professor Park received his LL.B. (1981) and LL.M. (1983) from Korea University, an LL.M. from Harvard Law School (1985), and a Ph.D. in International Law from the University of Cambridge (1990). He was awarded an honorary doctorate in law by Far Eastern Federal University in Vladivostok, Russia, in October 2018.
Xiangshun Ding, Professor, S.J.D., Beijing Foreign Studies University
Xiangshun Ding is Dean, School of Law, Beijing Foreign Studies University.
He obtained S.J.D., Robert H. Mckinney School of Law, Indiana University (2019), LL.M., Indiana University (2006), Ph.D. in Law, Law School, Renmin University of China (2000), LL.M., Law School, Ji Lin University (1994), and LL.B., Law School, Ji Lin University (1992).
Professor Ding served as Vice President of Comparative Law Society of China Law SocietyVice President of Comparative Law Society of Beijing Law SocietyVice President of Beijing Law Society of the Belt and Road Vice Director of Legal Culture Research Center, Renmin University of China Vice President of American Law Institute, Renmin University of China Vice President of Legal Profession Institute, Renmin University of China President of Asian Law Research Center, Renmin University of China.
