Draft to Secret Government

The Information Preservation Consultative Conference of the government of Japan released a draft for actual measures in application of the Designated Secrecy Act that passed the Diet last December. Concerning strong opposition in the public against possible manipulation by governmental authorities, the conference proposed establishing two new organizations for watching incorrect moves and new system for whistle-blowing. However, there will be no change in the nature of the law possibly oppressing rights of the people.

The draft categorized information to conceal from public eyes into fifty-five kinds. They include activities of Self-defense Forces for protecting safety of Japan, diplomatic information related to negotiation with foreign countries in protecting lives of Japanese people or preserving Japan’s territory, plots and studies for preventing designated harmful activities or cyber attacks, and cooperation with other countries to prevent terrorism. In applying actual measures, the government would not arbitrarily interpret the law, not violating fundamental human rights the Constitution guarantees, and take good care of freedom of report in relationship with press and journalism.

New organizations were Cabinet Preservation Overseeing Committee, which members would be top bureaucrats in ministries, and Information Preservation Overseeing Section, which would deal with official works for Independent Archives Overseer. Although they will request materials, explanation or correction to the Ministers of Cabinet, they do not have authority to coerce it. It is still possible for bureaucrats to conceal information, which is inconvenient for them.

The draft named nineteen governmental organizations, such as Ministries of Foreign Affairs and Defense, National Security Council, or Nuclear Regulation Authority, which determine designated secrets. Each of those organizations will have whistle-blowing system for the staffs to report illegal activities. However, the whistle-blower needs to report without mentioning the secret, because revealing it may violate Designated Secrecy Act.

While the act is going to be activated before the end of this year, people are still worried about excessive accumulation of information and regulation over people’s activities. Bureaucracy does not care about those anxiety and show willingness to include transparency in the system. The Diet looks to be powerless in building system to get rid of oppressive activities of the government. It is no change in the fact that the law will mark a starting point of making secret authority in the government.