It seems the GOJ is up to its old tricks: Reinterpreting the law to pick on “foreigners” again. This was seen previously on Debito.org to encourage racial profiling at hotel check-ins, and now with the new Minpaku Law affecting AirBnB-style private homes opened for public accommodation (minshuku), it’s more of the same. Read on from Debito.org Reader MC:
MC: I wrote to the Minpaku I stayed at with an explanation of the problematic nature of their system in regards to Non-Japanese customers. First, they had no right to ask for photographs of anyone, resident or not, Japanese or not. The idea of requiring guests to upload a scan of a driving licence or passport, or even just a face shot, is just asking for identity theft, and is certainly illegal. I explained the law on this as follows: “The Japan Hotel Laws are quite clear on this: If the guest is NOT a resident of Japan you DO have the right to ask for a passport number (not a copy of the passport). But if the guest IS a resident of Japan, on the other hand, whatever the nationality, they have no responsibility to provide any kind of copy of an official document or any photograph. It’s a gross invasion of privacy.”
The Minpaku lodging replied to say that the new Minpaku Law of 2018 allowed for online check-in, and required photographic ID. The former is true, but I didn’t think the latter was. However, I checked out the wording at the Minpaku system portal on the MLIT (Ministry of Land, Infrastructure, Transport and Tourism) site, and it looks to me as though there is some cause for worry.
COMMENT: MLIT is offering a freewheeling interpretation of the law (as keeps happening by Japanese officialdom, particularly the Japanese police, over-interpreting the law for their convenience to target foreigners). However, there is NOTHING in the Minpaku Law that requires NJ Residents of Japan to supply passport numbers (and by extension passport copies and mugshots). But where is this heading? Towards more rigmarole, policing, and official harassment of NJ-resident customers. (MLIT is even explicitly advising Minpaku to call the cops if the “foreign guest” has no passport, even though residents are not required to carry them; and as the Carlos Ghosn Case demonstrates, you do NOT want to be detained by the Japanese police under any circumstances.) And I have been hearing of other Japan-lifers now finding it harder to check-in while foreign.
Bottom line: The new Minpaku Law hasn’t fundamentally changed anything in regards to NJ resident customers. You are still not required to show ID, passport, or photo to any Japanese accommodation if you indicate that you have an address in Japan.