GPS INVESTIGATIONS IN JAPAN

This panel reviews GPS investigations in Japan. In 2017, the Japanese Supreme Court held that warrantless GPS searches are illegal. This case shows the boundary of permissible investigation using high technology. Rapidly developing technology challenges legal research. The Japanese Constitution has no term for “privacy,“ and its notion and scope have been questioned in Japan. Criminal disposition for investigation is based on due process of law in the Japanese Constitution. Criminal procedure has provisions for criminal investigation that entails physical intrusion, such as arrest or search. However, GPS investigations do not entail such physical intrusion. There is no provision in criminal procedure law addressing GPS search warrants. The purpose of this panel is to review the distinction between the public and private spheres of our lives. Each speaker reviews this issue from the legal perspective of their country of origin.



Time:  MONDAY 25 June 2018 16:45-18:15
Chair(s):   Yuichiro Tsuji
Panel:  Panel 4