No. 1351 Bill on Economic Security – Violation of Constitution
The bill to protect important economic security information, an economic version of the State Secrets Protection Act, which constitutes part of the entire war legislation, has passed the House of Representatives with the support of ruling parties as well as some opposition parties, including the Constitutional Democratic Party and the Ishin (=Renovation Party). It was partially amended thanks to the anxieties raised by the opposition parties, but it lacks a scheme to prevent infringement of the fundamental human rights.
NATIONWIDE POPULAR MOVEMENTS ARE NECESSARY TO KICK OUT THE BILL
A law, called the Act to Promote Economic Security, was enacted in May 2022 and implemented in part in August of the same year. The above-mentioned new bill on important economic security information protection will complement effectiveness of the 2022 act.
The Act on the Protection of Specially Designated Secretes which was implemented in December 2013, covers four fields, namely the defense, diplomacy, terrorism and espionage arenas, and defines as specific secretes highly sensitive information relating to nation’s security.
Collection of personal data
The new bill on economic security adds the economic field in its coverage and extends to the private sector; the main pillar is introduction of a security clearance system for private employers/employees whose personal information is to be screened so that they could get access to critical information on the state’s designated infrastructure and supply chains of important substances, which are categorized as confidential in terms of economic security.
Though some rectifications were made, such as insert of parliamentary surveillance when designating information as classified, constitutionality is extremely dubious: the bill stipulates to collect personal data of individuals who works on confidentiality to put them under state’s control. His/her information on clinical history, financial status, and friends and family affairs will be scrutinized.
If he/she disagrees to screening, …..
It is almost impossible to exclude likelihoods in which he/she will face disadvantages in terms of evaluation of personnel assessment and salaries, if one disagrees to the said security clearance scheme on the ground that the practice infringes privacy and enhances surveillance society in a real term.
If an individual leaks such information, he/she shall be behind the bar for up to five years, but the legal text does not tell exactly what information is classified as important economic security one. As was the case of Ohkawara Kakohki Co., LTD., the police’s right of investigation was severely abused by the authorities to hinder economic activities of the business entity and R&D efforts.
According to Mr. Miyake Hiroshi, Director, the Headquarters to Work on the State’s Secret Protection Act and the Conspiracy Act, the Japan Federation of Bar Associations, the Public Security Investigation Agency and the Cabinet Information Research Office may lead the society towards one systematically surveyed, after obtaining and collecting date of several hundreds of thousands of people. He mentioned so in the civic meeting held in the parliamentary building on March 27.
Some academicians and intellectuals criticize the bill, saying that it entails excessive regulations on business entities with an excuse of national security, militarization of scientific studies, surveillance of people and etc., pointing out many problems. Legislation links with the government’s agreements to share military information between US and Japan and to develop next-generation fighter jets jointly among Japan, UK and Italy.
Let’s depict dangers!
The bill, if enacted, will drive the country to a nation that could stage wars against others, taking advantage of the My Number Card System, in which the authorities collect and control personal data, and the Act to Review and Regulate Important Land Areas.
We must enhance struggles together with the opposition parties, civic groups and workers’ organizations so that the bill could be abandoned in the House of Councilors by way of thorough debates to show dangers of the bill.
戦争法制の一環である秘密保護法の経済版「重要経済安保情報保護法案」は立憲民主党、日本維新なども賛成して衆院を通過した。野党の要求で一部修正したが、人権侵害を防ぐ仕組みはない。
「経済安全保障推進法」が２０２２年５月に成立し、22年８月に一部施行されたが、「重要経済安保情報保護法案」は、その実効性を担保するためのものだ。
２０１３年12月に施行された「特定秘密保護法」は、対象である「防衛・外交・スパイ防止・テロ防止」の４分野に限定し、国の安全保障に関連した秘匿性が高い情報を特定秘密に指定した。
個人情報を収集
「経済安保法案」は４分野から経済分野、民間にも拡大し、国が指定したインフラや重要物資の供給に関する情報など、経済安全保障上の機密情報を取り扱う民間事業者らを身辺調査する適性評価(セキュリティ・クリアランス)制度の導入を柱とする。
対象となる情報の指定などに国会の監視を導入する修正が加えられたが、秘密案件を扱う人の病歴や借金、交友関係、家族の情報に至るまで様々な個人情報を収集し、国が情報を管理する違憲の内容に変わりはない。
同意しなければ
プライバシーの侵害と監視社会の現実的な危険性が高く、適性評価の実施に同意しなければ人事考課や給与査定などで不利益を被る可能性は否定できない。
情報を漏洩した場合、５年以下の拘禁刑が科されるが、対象となる重要経済安保情報は法文で明確にされておらず、大川原化工機事件のような捜査権の乱用や企業の経済活動、研究活動などが阻害される危険性がある。
日弁連「秘密保護法・共謀罪法対策本部」の三宅弘本部長は、３月27日の院内集会で公安調査庁や内閣情報調査室が数十万人の情報を取得・収集できる監視社会につながる危険があると指摘した。
また、学者・文化人は、安全保障を口実に企業への過度な規制や学術研究の軍事化、国民監視など多くの問題を内包していると指摘、批判している。日米などの軍事情報共有や、日英伊の次期戦闘機開発などの動きと連動しているのだ。
危険性を暴露し
さらに、国家が個人情報を収集・コントロールする「マイナカード」や「重要土地規制法」など戦争国家への動きと一体だ。参議院の徹底審議によって法案の危険性を暴露し、廃案に追い込むため反対の野党と市民・労働者の闘いを強めなくてはならない。
英訳版↓
No. 1351 Bill on Economic Security – Violation of Constitution
The bill to protect important economic security information, an economic version of the State Secrets Protection Act, which constitutes part of the entire war legislation, has passed the House of Representatives with the support of ruling parties as well as some opposition parties, including the Constitutional Democratic Party and the Ishin (=Renovation Party). It was partially amended thanks to the anxieties raised by the opposition parties, but it lacks a scheme to prevent infringement of the fundamental human rights.
NATIONWIDE POPULAR MOVEMENTS ARE NECESSARY TO KICK OUT THE BILL
A law, called the Act to Promote Economic Security, was enacted in May 2022 and implemented in part in August of the same year. The above-mentioned new bill on important economic security information protection will complement effectiveness of the 2022 act.
The Act on the Protection of Specially Designated Secretes which was implemented in December 2013, covers four fields, namely the defense, diplomacy, terrorism and espionage arenas, and defines as specific secretes highly sensitive information relating to nation’s security.
Collection of personal data
The new bill on economic security adds the economic field in its coverage and extends to the private sector; the main pillar is introduction of a security clearance system for private employers/employees whose personal information is to be screened so that they could get access to critical information on the state’s designated infrastructure and supply chains of important substances, which are categorized as confidential in terms of economic security.
Though some rectifications were made, such as insert of parliamentary surveillance when designating information as classified, constitutionality is extremely dubious: the bill stipulates to collect personal data of individuals who works on confidentiality to put them under state’s control. His/her information on clinical history, financial status, and friends and family affairs will be scrutinized.
If he/she disagrees to screening, …..
It is almost impossible to exclude likelihoods in which he/she will face disadvantages in terms of evaluation of personnel assessment and salaries, if one disagrees to the said security clearance scheme on the ground that the practice infringes privacy and enhances surveillance society in a real term.
If an individual leaks such information, he/she shall be behind the bar for up to five years, but the legal text does not tell exactly what information is classified as important economic security one. As was the case of Ohkawara Kakohki Co., LTD., the police’s right of investigation was severely abused by the authorities to hinder economic activities of the business entity and R&D efforts.
According to Mr. Miyake Hiroshi, Director, the Headquarters to Work on the State’s Secret Protection Act and the Conspiracy Act, the Japan Federation of Bar Associations, the Public Security Investigation Agency and the Cabinet Information Research Office may lead the society towards one systematically surveyed, after obtaining and collecting date of several hundreds of thousands of people. He mentioned so in the civic meeting held in the parliamentary building on March 27.
Some academicians and intellectuals criticize the bill, saying that it entails excessive regulations on business entities with an excuse of national security, militarization of scientific studies, surveillance of people and etc., pointing out many problems. Legislation links with the government’s agreements to share military information between US and Japan and to develop next-generation fighter jets jointly among Japan, UK and Italy.
Let’s depict dangers!
The bill, if enacted, will drive the country to a nation that could stage wars against others, taking advantage of the My Number Card System, in which the authorities collect and control personal data, and the Act to Review and Regulate Important Land Areas.
We must enhance struggles together with the opposition parties, civic groups and workers’ organizations so that the bill could be abandoned in the House of Councilors by way of thorough debates to show dangers of the bill.
April 17, 2024