Balancing Effectiveness and Due Process of Administrative Investigation - A Study Using Public and Criminal Legal Doctrines and Legal Practices As Benchmarks
Project/Area Number |
26885093
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Research Category |
Grant-in-Aid for Research Activity Start-up
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Allocation Type | Single-year Grants |
Research Field |
Public law
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Research Institution | Waseda University |
Principal Investigator |
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Project Period (FY) |
2014-08-29 – 2016-03-31
|
Project Status |
Completed (Fiscal Year 2015)
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Budget Amount *help |
¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2015: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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Keywords | 公法 / 行政法 / 行政調査 / プライバシー / 行政裁量 / 情報 / 情報収集 / 人権 / 自由 / 行政手続 |
Outline of Final Research Achievements |
This research sought to find out the due process requirements for administrative investigation using comparative study methods comparing neighboring law areas and foreign jurisprudence. Results of the research include certain proposals to make a step-by-step approach in controlling the administrative discretion in information collection process of surveillance activities, the legal area close to the criminal investigation, as well as to recognize an inflection point in intrusiveness to the privacy in the process of using the information so collected. Also the research results include a survey of US e-surveillance statutes, which suggested a possible construction of legal system proportionally designed in relation to the nature and level of intrusiveness to the privacy. The results were published in college bulletin.
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Report
(3 results)
Research Products
(7 results)