Anti-Spy Policy Discussed in Election

One of the focal points in the campaign of Lower House election on February 8th is anti-spy law. Although Japanese government run by Liberal Democratic Party (LDP) failed in legislating an anti-spy act decades ago, Prime Minister Sanae Takaichi, LDP and other conservative parties advocate enhancing anti-spy regulations after the election. It is doubted that Japan cannot deal with leakage of sensitive information without new legislation which may violated privacy of the people. 

In 1985, LDP administration led by prime minister Yasuhiro Nakasone submitted a bill of national secrecy act to the Diet. But the bill failed to pass the Diet, because it comprehensively covered ordinary people and included death penalty as the heaviest penalty. The LDP cabinets had made attempts to legislate regulations enhancing national secrecy. Former prime ministers Shinzo Abe legislated Specially Designated Secrecy Act in 2014 and Fumio Kishida established Economic Security Promotion Act in 2022.

 

It is more important for right-wing parties to protect secrecy of information of national government than securing human rights. They are always anxious about leakage of sensitive information to foreign countries. They believe that Japan is vulnerable to foreign spies and their country is a safe place for espionage. For them, enhancing control on intelligence is necessary to maintain their government surrounded by a “severe security environment,” regardless it is sufficient for achieving their goal.

 

Relatively minor parties have been active for legislation of anti-spy act. The Democratic Party for the People (DPP) submitted a bill for enhancement of governmental posture related to intelligence to extraordinary session of the Diet last November. The bill aimed at giving the government a power to protect information related to safety of the people. Although the bill did not pass the Diet, the DPP included enhancement of posture to protect intelligence in their party platform for Lower House election.

 

Japan Innovation Party (JIP) and Sanseito uphold legislating anti-spy act in their platforms. They want world top-class intelligence organization in Japan which would be equivalent to Central Intelligence Agency of the United States. They believe that Japan cannot join Five Eyes – alliance of intelligence network with English language by the U.S., the United Kingdom, Canada, Australia and New Zealand – without an advanced intelligence authority.

 

Encouraged by those parties, the LDP promises legislation of Foreign Agents Registration Act which mandates agents working for foreign government, party or company to disclose their mission and reward. Takaichi hopes to establish National Intelligence Bureau as early as July 2026, if she maintains her government after the election. Although the LDP does not have anti-spy legislation in its platform, it agreed with JIP to have an anti-spy law in their agreement for forming a coalition last October.

 

Having history of suffering from anti-spy law that caused torture on some of their members, Japan Communist Party firmly opposes to anti-spy legislation. The Centrist Reform Alliance is not active on this issue. Concern on violation of human rights, or privacy, by anti-spy law has not wiped away.

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