Hi Blog. Interesting legal precedent set here about constitutional rights to privacy. Hm. What the plaintiffs probably fear happening to them happens on a daily basis to foreigners in this country, who are also supposed to be covered by the Constitution.<\/p>\n
More comment afterwards.<\/p>\n
\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/ OSAKA–The high court here ruled Thursday that the “Juki Net” residence registration network infringes on people’s right to privacy if they oppose the system.<\/p>\n For four plaintiffs, it ordered the code that allows access to their data to be taken off the network.<\/p>\n However, it rejected claims for individual compensation of 50,000 yen by 12 other plaintiffs.<\/p>\n Presiding Judge Shogo Takenaka said: “The Juki Net has defects that cannot be ignored in terms of protecting personal information. Applying it to residents who don’t want their personal details on the network is against Article 13 of the Constitution that guarantees the right to privacy.”<\/p>\n The court’s decision is the first by a high court. It overturns an earlier ruling by the Osaka District Court.<\/p>\n The lawsuit was filed by 16 residents from the Osaka prefectural cities of Toyonaka, Suita, Minoo, Moriguchi and Yao.<\/p>\n A number of lawsuits have been filed around the country over the system that started in August 2002.<\/p>\n Each resident is given an 11-digit code and data covers name, address, date of birth and sex.(IHT\/Asahi: December 1,2006) COMMENT: Well, how about that. People all up in arms due to a possible infringement on privacy? And even the courts say that is a serious concern, enough to rule that the holding of this information without permission is unconstitutional?<\/p>\n Fine. But this release of personal information to outside parties (police, hotels, employers, video store clerks…) happens on a daily basis to foreigners in Japan, thanks to their very own version of the “Juki Net”–the Gaijin Card. This is something that follows them around, too. They hafta carry their Gaijin Cards 24 hours a day and show them to certain officials upon request, or face arrest and criminal prosecution. <\/p>\n Given this ruling, how about foreigners’ rights to privacy, now?<\/p>\n I am aware that foreigners have fewer rights in any country (such as lack of suffrage). But protection of privacy and from unwarranted police harrassment is not axiomatically something which needs to be made contingent upon holding citizenship. <\/p>\n Police and public officials must have probable cause before investigating people in public in Japan. That is enshrined in law (Keisatsukan Shokumu Shikkou Hou) with no exception made for extranationality. If you don’t have probable cause, that’s an infringement of privacy, something even the Japanese courts yesterday made clear is inviolate under the Japanese Constitution. And sorry, folks, Constitutional guarantees apply to people in Japan regardless of citizenship.<\/p>\n I am also aware that the laws contradict themselves–that under the Foreign Registry Law (Gaitouhou), police can stop anybody at any time who looks foreign and probably get away with it. But which trumps here? One law (and a court ruling) which says privacy is inviolate without permission and probable cause? Or a law which enables random and wanton Gaijin Card checks by certain officials, and is so easily abused by those officials (and the people they suddenly deputize) that it leads to racial profiling and harrassment of even Japanese citizens? Precisely those things that the Japanese Constitution is supposed to protect against? <\/p>\n Would be interesting if somebody were to take this to court and let them decide. (Hey, don’t look at me. I don’t even have a Gaijin Card anymore.)<\/p>\n Now just in case you’re seeing molehills here, a couple of links:<\/p>\n ================================= Pertinent laws and how to enforce them yourself: COMMENT FROM CYBERSPACE: In applying the above case to argue that foreigners should be I REPLY: Yes, if somebody challenged it in court. I’m not sure anyone has. That’s precisely the point FRIEND REPLIES: Here’s where the Osaka case may help: if evidence shows that the new A google search turned up a short blurb on the case here. Actually, this whole site is a nice collection of court rulings Flipping through those links, it’s a catalog of pretty scary stuff. Regarding the legal definition of the right to privacy in Japan:<\/p>\n There is no enumerated right to privacy in the Japanese Constitution. The right to privacy has been inferred to exist from Article 13, but A successful case on right to privacy grounds must argue within the
\nCourt, citing privacy, orders data cut from Juki Net
\n12\/01\/2006 THE ASAHI SHIMBUN
\nhttp:\/\/www.asahi.com\/english\/Herald-asahi\/TKY200612010166.html<\/a><\/b><\/p>\n
\nARTICLE ENDS
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n
\nAbuse of the law by public officials: “CHECKPOINT AT CHECK-IN; Laws are still being bent by authorities to target ‘foreigners'”.\u3000By Arudou Debito, Japan Times, October 13, 2005
\nhttps:\/\/www.debito.org\/japantimes101805.html<\/a><\/p>\n
\nhttps:\/\/www.debito.org\/whattodoif.html<\/a>
\n=================================
\nENDS<\/p>\n
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
\nThe laws do not conflict. If the Gaitouhou conflicted with the
\nConstitution it would be null and void, the Constitution being the
\nsupreme law of the land (article 98). <\/i><\/b><\/p>\n
\nprotected from intrusive IC chips and gaijin card checks, the issue is
\na conflict between 1.) the right to privacy, and 2.) our presence in
\nJapan, which is not a right and can be denied and regulated. Nowhere
\nin the constitution does it say you have the right to enter Japan or
\nlive here. Entrance and reentry into this country is at the
\nimmigration bureau’s discretion, and your visa and right to be here is
\nat the discretion of the state. (For real diehards, this issue was on
\nthis year’s bar exam: year H.18, question 2!
\nhttp:\/\/www.moj.go.jp\/SHIKEN\/dainiji_shiken.html<\/a> )
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n
\n— In cyberspace, someone wrote:
\n>The laws do not conflict. If the Gaitouhou conflicted with the
\n>Constitution it would be null and void, the Constitution being the
\n>supreme law of the land (article 98). <\/p>\n
\nof my post. It’s an interesting question, in light of this recent ruling on privacy rights and
\npublic registration. Anyone want to challenge the Gaijin Card in court? I can’t. Debito
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
\n“Gaijin” card checks have been regularly upheld by the courts, most
\nrecently in a 1997 case where the Supreme Court said a confirmation
\nsystem (kakunin seido) as defined in the Foreign Registration Law, for
\nthe purpose of assuring proper foreign registration of non-citizens
\n(nihon kokuseki wo yuu shinai mono) does not violate the 13th or 14th
\nArticles of the Constitution. (Sorry, I’m on a docuview program and
\ncan’t provide a link or file, but the case citation is: H.9\/11\/17 –
\nH6(a) 687-go. Ruling of the First Petty Bench of the Supreme Court
\n[saikosai daiichi shouhoutei hanketsu]).<\/b><\/i><\/p>\n
\nIC card system for foreign registration cards can be exploited and
\npersonal information can be stolen. After all, the fingerprinting
\n(shimon ounatsu) was removed from the foreigner registration cards on
\nthe grounds that Article 13’s privacy rights did extend to foreigners,
\nand the state could not take fingerprints from citizens or foreigners
\nwithout a just reason. <\/p>\n
\nhttp:\/\/www.geocities.co.jp\/HeartLand-Keyaki\/4352\/hanrei\/finger.html<\/a><\/p>\n
\nrelated to the rights of non-citizens in Japan.
\nhttp:\/\/www.geocities.co.jp\/HeartLand-Keyaki\/4352\/<\/a><\/p>\n
\nIf this collection doesn’t terrify those of you eligible into
\nnaturalizing, nothing will. <\/p>\n
\nArticle 13 guarantees A.) respect of the individual and B.) the right
\nto pursue happiness, both to the extent that these two rights do not
\noppose the public welfare. <\/p>\n
\nits definition is defined as:
\n1.) the right to not have your personal lifestyle (shi seikatsu)
\ndisclosed; or
\n2.) the right to control information regarding one’s person. <\/p>\n
\nscope of one of those definitions. <\/p>\n