Introducing Security Clearance

The Government of Japan presented to Liberal Democratic Party a draft of new law for stricter regulation on securing important information in economic communities. The draft of Economic Security Information Protecting Act includes introducing security clearance system on private sectors which can access important security information of the government. There still is concerns on violating privacy of individuals.

When Economic Security Promotion Act passed the Diet in 2022, there was a discussion that a system for assessing aptitude of the people who deal with important information is necessary for maintaining technological advantage of Japan, when Japan participates in joint researches with other countries. Prime Minister Fumio Kishida ordered establishing an expert committee for discussing security clearance in February 2023, and the committee wrapped up the final report last month.

 

The final report argues that the concept of “security” has significantly expanded from defense and diplomacy to economy and technology, making the border between military and non-military obscure. Concerning severe security environment around Japan, the report proposes the government to enhance its control on information, including establishment of security clearance system.

 

Act on the Protection of Specially Designated Secrets (SDS) enacted in 2014 imposes security clearance on the personnel in the government, who deal with important security information in four areas: defense, diplomacy, preventing spying and preventing terrorism. The report by experts on economic security argues that the act does not cover economic security.

 

The experts demanded protection for important information on cyber, regulation, research & development and international cooperation, the leak of which would affect national security of Japan. While security clearance of SDS is exercised for the governmental personnel, economic security clearance will be obliged to the staffs of private companies in defense business or researchers in universities. The draft of new law for economic security includes less than five years in custody as the penalty for leaking important information.

 

To secure privacy of the workers for private sectors, the final report of experts proposed that the security clearance would be based on careful process for getting consent from them. However, to protect privacy of the company workers, the government has to guarantee that they would not be fired or suffering from other inconveniences by rejecting security clearance. Although the government and LDP is hoping the draft will be passed in current session of the Diet, it is necessary to ensure that the law will not violate the right of the people, including the right to access to any information of public sectors.

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