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| November 1, 2011 |
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| Law on Preservation of Secret |
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Not a few readers of this newspaper may have fought in the struggle to have forced the Nakasone Government to give up enacting a law on prevention of espionage. Time has come again to stage a similar struggle. A bill, which violates the right of people to know and freedom of press, will be submitted to the next ordinary session of Diet. It is Bill on Preservation of Secret.
DON'T ROB OF PEOPLE RIGHT TO KNOW
The Noda cabinet had a meeting on October 7 of Information Security Policy Council (Chairman: Chief Cabinet Secretary Fujimura Osamu) to discuss Bill on Preservation of Secret. The new bill is characterized by containing provisions to penalize more severely on public workers if they leak confidential information on diplomacy and public security. The panel has begun to compile content as it will be raised to the next Diet session scheduled in January, 2012.
Three spheres are particularly stressed in the bill: (1) national security, like defense, (2) diplomacy, and (3) public safety and maintenance of order. It would authorize, newly, minister-in-charge to designate 'sensitive information on survival of the state' as 'special secret'.
On November 8 last year Chief Cabinet Secretary Sengoku Yoshito (then) insisted emphatically in the Budget Committee of the House of Representatives, concerning the leak of video film on collision of a Chinese fishing boat with the vessel of Japan Coast Guard: he told 'penal regulations on violation of keeping secret are stipulated in the State Workers Act, but they are too slight to constitute deterrent power. I want to study on a legal framework to preserve sensitive information'. He added that he was ready to organize a panel to examine the issue.
Severer Penalty on Public Workers - Deterrent Power of Government
A council was established on the basis of the said policy, named 'Council of Academicians to Study on Legal Framework to Preserve Secret'. This body released a report last August to begin working on the bill.
According to the report, if a government official in charge of special secret intentionally leaks secret, in maximum, five years or ten years of imprisonment would be imposed on him/her. The existing State Workers Act specifies penalty of shorter than one year of imprisonment if an official violates the obligation to keep secret. The Noda government is intended to acquire deterrent effect by imposing stricter punishment.
Another point to focus is provisions for officials who handle special secret: privacy, travels abroad and past records on punishment would be investigated through 'an evaluation of aptitude'. The same process would be applied to their spouses. Not only the government officials but also workers of the relevant independent administrative corporations and private companies would be investigated in relation to the entrusted jobs.
In the defense sector the Self Defense Forces Act was revised in 2001: sensitive information can be designated as 'defense secret' and leaking is punished more severely. After the revision a colonel of the Air Self Defense Force was dismissed by disciplinary punishment in 2008 on the ground that he had leaked confidential information to a journalist of the Yomiuri Newspaper.
The above-said 'defense secret' is of the same concept as incorporated in the State Secret Act (=usually called Act on Prevention of Espionage) which was dropped in 1985. Another fact to cite is that both the US and Japanese governments concluded in 2007 'an agreement to protect secret military information' in order to preserve US military information. This works behind the scene on the current process to enact a law on preservation of secret.
The controversial Bill on Prevention of Espionage was submitted by the lawmakers of the Liberal Democratic Party (LDP) to the Diet during the Nakasone Government, but the biggest opposition party, Socialist Party of Japan (then) and other political forces adamantly refused debates, supported by strong objection of people. The efforts compelled the government to give up enactment. The bill provoked harsh criticisms among people and the Nakasone cabinet could not propose, and instead, the LDP lawmakers presented it to the Diet.
Information Disclosure - DPJ's Pledge
The Government of Democratic Party of Japan (DPJ) has submitted a revised bill for the Information Disclosure Act which clearly stipulates the right of people to know. The DPJ's Manifesto demands greater openness of information. But the bill has been left intact today. It must be a law as soon as possible. A law on preservation of secret contradicts the DPJ's policy and undermines the pledge with people.
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