午夜剧场

Information and communication technology, which evolved dramatically from the late 20th century into the 21st century, is transforming the very nature of criminal investigation. Information and communication technology has made it possible and easy to generate, collect, and store a wide variety of data (big data). Here, a new type of investigation known as surveillance-type investigation emerges.

For example, if location information is utilized for criminal investigation (referred to as "location information acquisition investigation"), it becomes possible to monitor a subject comprehensively. Each piece of location information is merely a record that an individual was at a specific place at a specific time, but by collecting location information comprehensively, it is possible to understand the history of an individual's movements. Furthermore, by tracing the history of movements—such as where an individual went and who they met—it becomes possible to reveal not only an individual's address and workplace but also their social relationships and, by extension, their thoughts and beliefs. Such investigations may bring about a chilling effect on individual behavior and expressive activities ("chilling effect on freedom of expression").

Additionally, facial recognition technology is one of the technologies that has seen remarkable development in recent years. According to reports, investigative agencies in Japan have already begun operating facial recognition systems (for the time being, this type of investigative method will be referred to as "facial recognition investigation"). In this regard, since the face is exposed to the public and the face itself does not possess confidentiality, facial information can be said to have properties similar to location information. If that is the case, facial recognition investigation, like location information acquisition investigation, can be classified as a surveillance-type investigation. On the other hand, it has been pointed out that facial recognition technology's accuracy decreases when applied to people of color. Consequently, in the United States, some companies have stopped providing facial recognition systems to investigative agencies that have the potential to promote racial bias and discrimination. Furthermore, in several regions of the United States, ordinances have been enacted prohibiting the use of such technology by law enforcement agencies.

In the future, it is expected that movements calling for the proper operation of surveillance-type investigations, including location information acquisition investigation and facial recognition investigation, will increase in Japan as well. At that time, discussions will likely be required that take into account perspectives such as "whether there is a risk of a chilling effect on freedom of expression" and "whether there is a possibility of promoting structural discrimination."