Nearly a year after it entered into force on Dec. 10, 2014, the problems of the state secrets law remain unaddressed, including the opaque aspects of its implementation. The law's biggest flaw is that its definition of information that can be designated as state secrets is so vague and wide-ranging that it could be abused by officials who handle the information. In theory, some types of information can remain classified indefinitely if the government wishes so. The government and the Diet should at the very least make the oversight mechanism effective so that arbitrary classification of state secrets will not take place. They also should discuss creating a system under which citizens and journalists can request that designated secrets be declassified.

As part of the oversight mechanism to prevent misuse of the law, the government has set up a supervisory committee within the Cabinet secretariat, made up of vice minister-level bureaucrats from each ministry and headed by the chief Cabinet secretary. It has also created a position within the Cabinet Office, filled by a senior bureaucrat, to check whether designation of state secrets and their management are properly done. A 20-member section to assist the official has been established.

Although the supervisory committee and the officer are empowered to call on government organizations handling state secrets to submit relevant materials and take corrective steps if necessary, the fact remains that designation of state secrets by government officials is monitored only by fellow bureaucrats. Under government guidelines, 19 ministries and agencies, including the Defense Ministry, the Foreign Ministry, the Cabinet secretariat, the National Security Council, the National Police Agency and the Nuclear Regulation Authority, may classify information in 55 categories in the areas of defense, diplomacy, counter-intelligence and counterterrorism.