Main Points of the Law Concerning Access to Information Held by Administrative Organs

Source: http://www.soumu.go.jp/gyoukan/kanri/mainpoint1.htm

1.     Purpose

     In accordance with the principle that sovereignty resides in the people, and by providing for the right to request the disclosure of administrative documents, etc., the purpose of the law is to strive for greater disclosure of information held by administrative organs, thereby ensuring that the government is accountable to the people for its various operations, etc.

2.      Applicable Organs

     Organs established by law within the Cabinet (the Cabinet Secretariat, the Cabinet Office, etc.), organs under the jurisdiction of the Cabinet (the National Personnel Authority), organs established as national administrative organs (ministries, commissions, and agencies), as well as the Board of Audit.

3.      The Scope of Administrative Documents

     Documents, drawings, and electromagnetic records that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, are held by the administrative organ concerned for organizational use by its employees.

4.      Disclosure of Administrative Documents

(1) Persons Having the Right to Request Disclosure

          Any person may request disclosure of administrative documents.

(2) The Scope of Administrative Documents to be Disclosed

          Disclosure, except for administrative documents in which the following non-disclosure information is recorded.
(The Scope of Non-Disclosure Information)

a) Information concerning an individual from which a particular individual can be identified, etc. However, excluding information made public as provided for by law or custom, and information, etc. concerned with the offices of public officials.

b) Information concerning a corporation where there is a risk that, if made public, the corporation's legitimate interests would be harmed, where the information was voluntarily provided on the condition that it not be disclosed and it normally would not be made public, etc.

c) Information that, if made public, the head of the administrative organ with adequate reason deems to pose a risk of harm to the security of the State or a risk of damage to trustful relations with another country, etc.

d) Information that, if made public, the head of the administrative organ with adequate reason deems to pose a risk of causing a hindrance to the maintenance of public order and safety through crime prevention and criminal investigations, etc.

e) Information concerning deliberations or examinations, etc. internal to or between either organs of the State and local public entities that, if made public, would risk unjustly harming the frank exchange of opinions, etc.

f) Information that concerns the affairs or business conducted by organs of the State or local public entities that, if made public, would risk causing hindrance to their proper performance.

(3) Discretionary Disclosure for Public Interest Reasons

          Even when non-disclosure information is recorded, it may be disclosed if there is deemed to be a particular public interest necessity.

(4) Information Concerning the Existence of Administrative Documents

          When non-disclosure information would be disclosed merely by answering whether or not administrative documents exist, the disclosure request may be refused without making clear the existence or non-existence of the documents.

(5) Procedure for the Disposition of Disclosure Requests

a) Disclosure decisions, etc. shall be made within thirty days of the day of the disclosure request (a maximum thirty days extension is possible).

b) When information relating to a third party is recorded in an administrative document, the third party may be given the opportunity to submit a written opinion. That opportunity shall be afforded when disclosure takes place because of public interest reasons.

c) Documents, etc. shall be disclosed by inspection or provision of copies, and electromagnetic recordings shall be disclosed by a method to be determined by Cabinet Order.
 

d) The fees for disclosure requests and the implementation of disclosure shall be within the scope of actual expenses to be determined by Cabinet Order. Consideration shall be given to see that the fees are as affordable as possible.

5.      Appeals, Etc.

(1) Establishment of the Information Disclosure Review Board

          An Information Disclosure Review Board shall be established within the Cabinet Office in order to examine and deliberate appeals in response to references from the heads of administrative organs concerning appeals of disclosure decisions, etc.

(2) Organization of the Review Board

          The Review Board shall consist of nine members appointed by the Prime Minister having been approved by both Houses.

(3) The Review Board's Investigative Authority

          The Review Board may request that the reference agency 1) present the administrative documents concerned with the appeal, or 2) produce and submit, etc materials classifying or arranging in a manner specified by the Review Board the information recorded in the administrative documents concerned with the appeal.           The Review Board may have a designated member hear statements of opinion, etc. by the appellant, etc.

(4) Exceptions, Etc. for the Jurisdiction of Lawsuits

          The plaintiff may file an information disclosure lawsuit with the district court of the seat of the high court that has jurisdiction over the seat of the plaintiff's residence, etc.  

6.      Other Matters
(1) Management of Administrative Documents
    

          Rules for the proper management of administrative documents shall be established as provided for by Cabinet Order, and they shall be made available for public inspection.

(2) Provision of General Inquiry Offices

          General Inquiry Offices shall be provided for in order to support the smooth application of this law.

(3) Information Disclosure by Local Public Entities

          In keeping with the spirit of this law, local public entities shall strive to formulate and implement measures necessary for the disclosure of the information that they hold.

(4) Information Disclosure by Independent Administrative Institutions and Public Corporations

          The Government, in accordance with their character and type of business, shall promote the disclosure and provision of information held by independent administrative institutions and public corporations, and shall take necessary measures such as legislative measures relating to the disclosure of information held by independent administrative institutions and public corporations. The legislative measures shall be taken approximately two years after the promulgation of this law.

(5) Future Review

          Approximately four years after this law comes into effect, the government shall examine the state of enforcement of this law along with the manner of jurisdiction for information disclosure lawsuits, and shall take necessary measures based upon those results.