Important information, background checks for those handling it What is the new system March 11th 15:22

On February 27th, the government approved a bill to create a new system.

A new system for conducting background checks on people who handle important information in the economic field.

Against the backdrop of the escalating conflict between the United States and China, discussions have been underway to strengthen security.

What exactly is the new system?

What are the challenges?

I covered it.

(Economy Department reporter Kenta Shimai)

New system “Security Clearance”

The new system is called "security clearance" in other countries.

This is a system that limits the people who can access important information related to national security to those who have been confirmed by the government that there is no risk of it being leaked to the outside world and have been given a "certification."

In countries such as the United States and Canada, security-related information is categorized into ``Top Secret,'' ``Secret,'' and ``Confidential,'' and people are given access to it in stages according to its importance. are limited and protected.

The scope also includes important information in the economic field.

It is said that more than 4 million people have obtained security clearance in the United States, and hundreds of thousands more in other major countries.

In the United States, about 30% of people who obtain certification are private citizens rather than public servants.

On the other hand, there is currently a similar system in Japan called ``specially designated secrets.''

In fields such as defense, diplomacy, espionage, and terrorism, information that must be kept confidential is designated as ``Special Secrets,'' and the people who can access it are limited.

However, compared to other countries, the information specified is limited, and it is not clear whether information in the economic field is covered.

As of the end of 2022, there are approximately 130,000 people who can handle specially designated secrets, and only about 3% of them are in the private sector.

New system “on par with other countries”

In response to this situation, as the conflict between the United States and China extends to the economic field, there have been calls for several years from within the Liberal Democratic Party and the business community to establish a system equivalent to that of other countries in order to prevent the leakage of confidential information on cutting-edge technology. It was rising.

Additionally, a supplementary resolution of the Cabinet Committee of the House of Representatives on the Economic Security Promotion Act, which was enacted two years ago, called for consideration of the new system.

In response, the government began considering a new system at a meeting of experts in February last year.

In this discussion, it was pointed out that while information that is classified as ``top secret'' or ``secret'' in other countries can be protected with special secrecy, there is a need for a system to protect important information in the economic field that is classified as ``confidential.'' Ta.

As a result, the bill was approved by the Cabinet approximately one year after the expert panel began its deliberations.

Leaking important information can lead to imprisonment.

Under the new security clearance system, the government will first designate economic information that could impede Japan's national security if leaked to the outside world as ``Important Economic Security Information.''

As candidates for designation, the government will provide information on the threat and countermeasures against cyberattacks held by the country, information on regulatory reviews, information on industrial strategies and supply chain vulnerabilities, and information on international joint research. I am listing it.

Regarding designated information, the government will investigate whether there is a risk of it being leaked to the outside world, and will only allow those who have confirmed that it can handle it, regardless of whether they are employees of a public organization or a private company.

This investigation is called "aptitude assessment."

The new system is expected to increase the number of aptitude assessments for civilians as it covers information in the economic field.

There are also penalties for leaking information, including imprisonment for up to 5 years and a fine of up to 5 million yen, and the company where the person works can also be fined.

There are voices of hope for the new system from the business community.

This system protects important information.

Companies that are expanding their business overseas are expressing their high expectations.

NEC, which develops communications infrastructure and IT services in North America, Europe, and other countries, often conducts business and joint research with local governments and companies.

In the past, this company says that even if it requested information from a partner company, there have been cases where the company has been turned down, saying that the information is too sensitive to be disclosed.

Additionally, our subsidiary in the United States provides biometric authentication services for the local government, but due to government regulations, we are unable to utilize that know-how for business in Japan.

In the future, if we can obtain certification under the security clearance system, we hope that this will lead to an improvement in the company's credibility, and that it may lead to changes in the responses of partner companies and foreign governments.

Kenzo Iwami, Director, NEC Economic Security Office

: ``Quantum and AI are said to be important technologies for economic security, so I think there is a possibility that further research and development will proceed in these fields. Isn't that so? We hope that Japan's security clearance system will become a system that is recognized by other countries, and that a framework will be created that will allow for international collaboration in the exchange of confidential information."

Pointing out issues such as privacy

On the other hand, concerns about this system have been raised regarding ``aptitude evaluations,'' or background checks conducted by the government.

The government says it will conduct a seven-item investigation based on the person's consent.

・Information including names and nationalities of family members and cohabitants

・History of crimes and disciplinary

matters ・Information on violations regarding the handling of information

・Information on drug abuse, etc.

・Information on mental illness

・Status of moderation in drinking

・Financial situation

The investigation is expected to include interviews with individuals, confirmation of submitted questionnaires, questions to superiors, confirmation of personnel information, and inquiries to public institutions.

If it is determined through these background checks that there is no risk of information leakage, the authority to handle important information will be granted.

Once authorized, it is valid for 10 years.

These background checks are said to be conducted with the consent of the person concerned, but concerns have been raised as to whether it is really possible to refuse, for example, if ordered by a superior.

Furthermore, Professor Hiro Miyashita of Chuo University's Faculty of Policy Studies, who specializes in information law, raises the following issues regarding the current system from the perspective of privacy protection.

<(1) Scope of information covered>

As the scope of information covered by the system is unclear, it is pointed out that information that should not originally be kept confidential may also be covered.

Professor Miyashita

: ``I have the impression that the debate has not reached an end as to what information should be kept secret.Information that should normally be known to the public or disclosed in a transaction may be hidden as secret. "If aptitude assessments are required in every industry, privacy issues will also arise."

<(2) Handling complaints when certification is not obtained>

Additionally, it is anticipated that there may be cases where certification is not obtained based on inaccurate personal information, so it is necessary to improve the complaint handling process. I'll talk to you.

Professor Miyashita

: ``Shouldn't we include a third-party perspective as much as possible in the complaint handling process?For example, the National Diet's Information Oversight Review Committee, which monitors the government's operations regarding specially designated secrets, should have a checking function. Shouldn't we do it?"

<(3) Protection of certified persons>

Furthermore, the need to protect the information of certified persons is given as an example of a case in the United States where there was a cyber attack that targeted the personal information of certified persons. It also points out gender.

Professor Miyashita

: ``People with security clearances have access to confidential information, so naturally they are easy targets.If information about those with security clearances gets out, confidential information will also be taken over.'' There is a risk that it will come out, so you need to be careful.”

Pointing out these issues, Professor Miyashita points out that the system needs to be operated carefully.

Professor Miyashita

: ``The current system is to evaluate the aptitude of companies and employees of their choice, so we need to devise ways to ensure that the scope of the aptitude evaluation does not become too broad.''

Will the national debate deepen?

It has been several years since the term "economic security" was used in Japan, and many policies have been implemented in the name of "economic security," such as massive aid for semiconductors. .

From the perspective of economic security, the latest security clearance system allows the government to invade an individual's privacy, although consent is a prerequisite.

On the other hand, the definition of what the important term ``economic security'' refers to is still unclear.

I hope that through the deliberation of the bill in the Diet, we will once again deepen the national debate over what economic security protects and why it is necessary.

Economic Affairs Department reporter

Kenta Shimai Joined

in 2012

After working at the Miyazaki and Morioka bureaus, he is currently at his current position.