Photo/Illutration The government aims to propose a new law as early as fall that would give it access to telecommunications carriers' data to prevent cyberattacks. (Asahi Shimbun file photo)

To bolster national security and introduce an active cyberdefense (ACD) system, several officials said the central government is drafting a new law that would require telecommunications carriers to provide it with data.

If enacted, the cybersecurity law would restrict the Constitution's right to "secrecy of communications" under certain conditions and give the government the authority to collect and analyze information. 

These requirements would be limited within the scope of "public welfare" on the grounds that an ACD is used to protect critical infrastructure essential to residents' lives.

There are three conditions that the government is considering: that there is a legitimate purpose; there are no other options: and execution is limited to the minimum amount of action necessary.

The law is expected to clearly state that, in principle, telecommunications carriers would only be asked to share incidental data (metadata) unrelated to privacy. 

If the three conditions are met, under the law the government would be able to define the sharing of information as a "legal act" and delineate its liability.

The government will submit a new bill to the extraordinary Diet session this fall at the earliest, and will also begin revising laws related to secrecy of communications. 

The looming question is how exactly this new law and an ACD are compatible with the Constitution. Article 21 guarantees freedom of speech and condemns censorship before stipulating, "nor shall the secrecy of any means of communication be violated."

Collecting personal metadata can still be interpreted as a breach of people's rights, and there are strong concerns about an invasion of privacy and leaks.

If telecommunications carriers were to provide data to the government, they risk lawsuits from users and shareholders concerned about the infringement of confidentiality.

The government hopes enacting the new law will eliminate these qualms and provide a basis for carriers on submitting information.

However, that does not erase the revelation of the Self-Defense Forces improperly handling “specially designated secrets” related to national security. Deep-seated concerns remain over the government acquiring personal information and using it for purposes other than its intended use.

The Diet anticipates a heated debate over defining the third condition's "minimum amount of action necessary" and how to curb the use of any data obtained. 

Initially, some in the government thought that the Telecommunications Business Law and other existing legislation could be revised to address this issue.

However, none of the relevant laws accommodate the scope of an ACD. Several members of the government’s expert panel dedicated to an ACD pointed out that the basis for information collection should be clearly stated in a law, as should the government's responsibility.

The expert panel is expected to sort out these issues and submit an interim summary as early as September.

(This article was written by Takuro Chiba and Ryohei Miyawaki.)

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