Press Conference by the Deputy Chief Cabinet Secretary (Excerpt)

Opening Statement by Deputy Chief Cabinet Secretary Seko

DEPUTY CHIEF CABINET SECRETARY SEKO: The Act on the Protection of Specially Designated Secrets entered into effect today. Japan has until now faced the problem of not having the uniform legal rules that a nation is expected to have for managing important classified, security-related information. The Act on the Protection of Specially Designated Secrets establishes common rules that allow sensitive information for ensuring the safety of Japan and its people to be exchanged with other countries, to share this information within the Japanese Government, and to protect this information. Furthermore, the Act clarifies the rules regarding the designation of specially designated secrets (SDS), and thereby increases the objectivity and transparency of the handling of SDS. A new system has also been established to check the designation of SDS, which up to now had been performed by the respective ministries and agencies. The Government is committed to the appropriate implementation of the Act. To date, Minister of Justice Kamikawa has dedicated her time and effort to preparing for the entry into effect of the Act on the Protection of Specially Designated Secrets. Starting today when the Act enters into force, Minister of Justice Kamikawa will be placed in charge of activities related to the SDS scheme that the Cabinet Secretariat will be operating, including activities related to the Cabinet Committee for Protection and Oversight as well as supports extended to the related administrative organs for the Act’s implementation. Meanwhile, Minister of State Arimura will be placed in charge of activities related to the verification and supervision of the designation of SDS undertaken by the Independent Public Records Management Secretary at the Cabinet Office, among other activities.

Typhoon Hagupit landed on the Philippines on the 6th and brought about massive damages including casualties. Over 1.7 million people have evacuated so far due to the typhoon. In response to the situation, the Government of Japan decided to extend emergency relief goods worth approximately 22 million yen to the Philippines, through the Japan International Cooperation Agency (JICA), based on the request from the Government of the Philippines. The Japanese Government continues to stand ready to provide the necessary assistance for recovering from the damages.

Q&As

• The Act on the Protection of Specially Designated Secrets.
• The Government’s measures for responding to the weakening yen.

REPORTER: My question concerns the Act on the Protection of Specially Designated Secrets. I presume that the Independent Public Records Management Secretary was appointed today. Can you tell us who was appointed?

DEPUTY CHIEF CABINET SECRETARY SEKO: My understanding is that today, the Cabinet Office will appoint Mr. Takafumi Sato, head of the First Training Department, Research and Training Institute, Ministry of Justice, as the Independent Public Records Management Secretary.

REPORTER: In connection with the previous question, can you tell us the rationale for appointing Mr. Sato?

DEPUTY CHIEF CABINET SECRETARY SEKO: Mr. Sato was selected based on his experience, including as a prosecutor with the Ministry of Justice, and is therefore fully acquainted with the various examinations and relevant methods.

REPORTER: I have a related question. Moments ago, you stated that responsibilities will be divided between Ms. Kamikawa and Ms. Arimura. What is the reason for dividing up the responsibilities between these two?

DEPUTY CHIEF CABINET SECRETARY SEKO: I imagine that in short, responsibilities were divided as Minister Kamikawa is in the position of operating the scheme, and conversely, Minister Arimura is in the position of checking the scheme.

REPORTER: Some have pointed to the weak authority granted to the Independent Public Records Management Secretary. For example, the Secretary has no power to mandate ministries and agencies to disclose SDS. Do you think such a system will function adequately?

DEPUTY CHIEF CABINET SECRETARY SEKO: All rules are fully provided for in a precise manner in the Guidelines and other documents. In addition, the authority of the Independent Public Records Management Secretary is made clear in cabinet orders and other materials. Therefore, we hope that the Secretary exercises his authority to ensure appropriate operations.

REPORTER: I have a related question. The Act entered into effect even as analysts point to the remaining risk of people losing their right to access information. What is your view in this regard?

DEPUTY CHIEF CABINET SECRETARY SEKO: Ever since last December when the Act was passed, the Government has cautiously and carefully prepared for its enforcement through various measures, including the establishment of relevant cabinet orders and the Guidelines as well as outreach activities, while bearing in mind the discussions at the Council for the Protection of Information as well as the public opinion. Today, the Act will enter into effect. We understand that there are the concerns you just mentioned. The Government will steadily continue to implement the Act effectively and appropriately, and carefully explain the status of its implementation. By reporting the Act’s enforcement status to the Diet, disclosing this information, and other means, the Government will sufficiently demonstrate to the people of Japan that they will never lose their right to access information.

REPORTER: Sorry, I have one more related question. I would like to ask a question regarding the security clearance process that public servants and private contractors working with SDS will undergo. Some note that the security clearance process will entail investigation even into the individual’s medical history, debt history, and the nationality of their family members, and that this would lead to privacy violation and discrimination. What do you think about these remaining concerns?

DEPUTY CHIEF CABINET SECRETARY SEKO: The matters that will be examined for the security clearance process are restricted to seven items which are clearly set out in Article 12, Paragraph 2 of the Act on the Protection of Specially Designated Secrets. The matters to be examined are the bare minimum needed to determine whether or not there is a risk of unauthorized disclosure of SDS. The Act, first of all, does not permit the examination of matters other than the seven items. Furthermore, Paragraph 3 of the same article of the Act provides that the security clearance process shall be conducted after notifying the relevant person of the matters to be examined and obtaining their clear consent in advance. If the person does not give their consent, then information will not be collected regarding these matters. Additionally, Article 16 of the Act on the Protection of Specially Designated Secrets prohibits the use and provision to third parties of personal information collected through examinations in the security clearance process for purposes other than the protection of SDS. Also, the Guidelines list privacy protection under “The basic concept on the implementation of the security clearance process.” They specify in detail the examination procedures and the matters to keep in mind. Furthermore, the Guidelines have established a system for filing and settling complaints regarding the implementation of the security clearance process. In this way, the security clearance process has been designed so that the items to be examined are restricted and it is conducted while taking privacy into consideration. We do not see any risk of wrongful infringement of privacy.

REPORTER: Is my understanding correct that the Information Security Oversight Division was also established today?

DEPUTY CHIEF CABINET SECRETARY SEKO: Yes, I believe so.

REPORTER: How many staff members are there?

DEPUTY CHIEF CABINET SECRETARY SEKO: For more detailed information, please ask the official in charge.

REPORTER: I would like to ask about the Government’s measures for responding to the weakening yen. Prime Minister Abe has referred to a variety of measures in his stump speeches and other opportunities. An increasing number of private forecasters are predicting that in the Tankan survey, a short-term economic survey of enterprises in Japan which the Bank of Japan will release next week, business conditions will deteriorate for some large enterprises and small to mid-sized enterprises due to the rapid weakening of the yen. Can you please once again explain what kind of measures the Government is attempting to take to dispel such concerns?

DEPUTY CHIEF CABINET SECRETARY SEKO: These measures will be fully unveiled when the economic package is compiled. In any case, while on the one hand there are companies that benefit from the weak yen, on the other hand there are indeed sectors that are greatly impacted by the weak yen – for example, electricity intensive industries. A scheme that will be as easy as possible to use for these sectors will be introduced to fully support them. Such measures will be included in the economic package that will be compiled as early as at the end of this year.