The mushrooming scandal at Japan's Defense Agency highlights the ongoing struggle between advocates of free speech and government secrecy. The clumsy and duplicitous handling of this affair by the Koizumi administration leaves even the most cynical observers of government speechless.
The basic facts are clear. Japan's national Freedom of Information Act (FOIA) took effect in April 2001, the culmination of more than 20 years of lobbying by democracy activists. All central government agencies including the Defense Agency are subject to the law. Unless they can cite one of the law's six exemptions, these agencies must disclose documents requested by anyone, Japanese or foreign. The requester need not state a reason for the request or provide personal details other than contact information.
Soon after launch of the FOIA system, several Defense Agency officials and military officers hit upon a clever idea: the system could be converted into a handy tool to collect information on persons considered potentially troublesome to the Agency. They started by compiling lists of document requesters. Next, they conducted background investigations, obtaining age, employment information and other details. (In at least one case, a list noted that a requester is an "antiwar member of the Self-Defense Forces.") Then they posted the lists on JDA intranets so that senior officials throughout the Agency and the Self-Defense Forces would have ready access.