Japan and foreign residents: The Immigration Bureau and privacy

On Saturday, June 27, 2009, The Japan Times contained an article by Minoru Matsutani on tightening oversight on foreigners. Bills for revising the immigration law are now moving through the Diet; they are expected to pass. According to the Immigration Bureau, they simply want more information. They would like to better understand the facts about foreigners staying in Japan with expired visas.

Data about non-Japanese in Japan is now managed by each local government. Municipalities where foreigners reside manage the data, which includes names, addresses, and visa length. The justice minister does not manage the data and apparently does not have automatic access to it. The new bills will enable the justice minister, and thus the Immigration Bureau, to have all this data.

The bills were sent to the Lower House on March 6; now they are in the Upper House. The new system will make it more difficult for illegal residents because the Justice Ministry will have their personal information. Punishments will be harsher for foreigners who do not report changes in their visa status.

The bills will result in legislation that is much stricter than current laws. Yet, the bills propose that illegal foreigners who turn themselves in may be granted special permission to stay in Japan. The situation today is the same. Under the new laws, however, the standard for granting special permission must be stipulated. The goal is to motivate overstayers to turn themselves in.

Today, as with many other Japanese agencies, specific criteria do not clearly exist. Permission is granted, or not, on what is referred to as a case by case basis. The Immigration Bureau web site provides examples of both cases that were granted and denied. As is the nature of case by case guidance, the meaning of each case is often vague.

Human rights groups share concern that the Immigration Bureau will be able to access the personal information of all documented foreigners in Japan, infringing their privacy. Human rights groups have every right to be concerned, but there is limited concern in Japan about government handling the personal information of Japanese citizens.

Last year, the Supreme Court of Japan declared the national Juki Net registration system as constitutional. The Supreme Court did not appear to have concerns about mishandling information or invading privacy. Juki Net contains information for Japanese similar to that which the immigration bureau will have for foreigners. If Japanese citizens are not protected, foreigners will certainly not be protected.

The Immigration Bureau has indicated the advantages of these bills: extending visa length from three to five years and eliminating the current re-entry permit for trips outside Japan less than one year. The effect of the disadvantages, however, is far from clear. The question is who knows who will come to power in the future and what those in power will do with data about Japanese citizens and foreigners residing in Japan. The Japanese government would do well to be more concerned about issues of appropriate data management and privacy protection. I am concerned.