LDP Proposes Stronger Interception of Security Information

The Liberal Democratic Party (LDP) proposed Sanae Takaichi government to introduce stronger interception of foreign information, which affects security of Japan. While the government can collect information only for criminal investigation, this interception will be applied all kinds of information. This action is likely to face fundamental criticism on violation of freedom of communication.

Concerning consecutive organized crimes in Japan, the government enforced the Act on Communications Interception for Criminal Investigation in 2020. Under the law, organizations of law enforcement, such as police, can wiretap telephone talk, exchange of documents through fax and emails. The interception on the law requires a warrant issued by the court.

 

The proposal by the LDP is to expand the interception to communication for all the kinds of purpose, as long as it is related to security of Japan. The interception targets malicious activities by foreigners against Japan including lobbying or intervention in elections. The party recommended legislating a new law, calling it “Foreign Intervention Prevention Act,” to registering foreign agents or punishment on the intervention.

 

To detect a threat from foreign countries, collection of information will be targeting all kinds of communication which can be necessary for maintaining security of Japan. Although the interception of information will be made under “strict approval” of executive and judicial branch of the government, the recommendation has not made clear what kind of approval is needed. It also proposed enhancement of oversight by the Diet or establishment of independent authority for audit to check government’s activity of collecting intelligence.

 

Based on National Security Strategy in 2022, the government legislated Active Cyber Defense Law in 2025 to enhance capability of the government for preventing high-level technology that damages important infrastructure in Japan. The LDP considers that the law may have to be revised to detect activities of foreign countries and agents. The proposal supposes that the measures target communication from a foreign country to another foreign country through Japan, ruling out domestic communications.

 

The stricter regulation on communication may violate basic human rights. “No censorship shall be maintained, nor shall the secrecy of any means of communication be violated,” says Article 21 of the Constitution of Japan. It is likely that the discussion over intercept of personal communication will invoke argument on how to protect secrecy of communications guaranteed in the constitution.

 

The government of Japan has been hoping to join the intelligence network of “Five Eyes,” which consist of the United States, the United Kingdom, Canada, Australia and New Zealand. Stricter regulation on communication can be a measure to preserve confidence of the Five Eyes in dealing with sensitive intelligence. It can be a wrong setting of priority, if the government of Japan seeks information network with sacrifice of human rights of its citizens.

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