Japan
Name of law: Act on Access to Information Held by Administrative Organs
First adopted: 1999
Last modified: 2004-04
RTI Rating last updated: 2017-05
First adopted: 1999
Last modified: 2004-04
RTI Rating last updated: 2017-05
Introduction
Japan’s law has some strengths but also some notable weaknesses, resulting in an average score. The constitutional foundation upon which the law was built is strong, with the Japanese Supreme Court finding a right to information within the right to freedom of expression in the case Kaneko v. Japan. However, the scope is limited as the law only applies to 'documents' rather than the more inclusive 'information', and the executive branch. Some of the procedural rules are undefined, including specific time limits, a major flaw. All of the exceptions protect legitimate interests, are harm-tested and subject to a public interest override. However, the RTI law also preserves secrecy laws. The oversight of public authorities is weak as well since the administrative oversight body is not independent and cannot make binding decisions. There are also no sanction for obstruction of access and a limited set of promotional measures.
The law is also available in its Japanese original here.
Local Expert: Yuko Kasuya
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 15 | 30 |
| 3 | Requesting Procedures | 16 | 30 |
| 4 | Exceptions & Refusal | 22 | 30 |
| 5 | Appeals | 14 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 77 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitution of Japan
21 Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated. |
Japan's Supreme Court found a right to information within the constitutional right to free expression in the case of Kaneko v. Japan. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | N/A | Not mentioned. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 1 (Purpose) The purpose of this Act is, in accordance with the principle of sovereignty of the people, and by providing for the right to request the disclosure of administrative documents, etc., to endeavor towards greater disclosure of information held by administrative organs thereby ensuring to achieve accountability of the Government to the citizens for its various activities, and to contribute to the promotion of a fair and democratic administration that is subject to the citizens appropriate understanding and criticism. | Broad interpretation – no. Emphasises benefits – yes. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 3 (Right to Request Disclosure) Any person may, pursuant to the provisions of this Act, request the head of an Administrative Organ Provided that the organ is designated by the Cabinet Order (set forth in the preceding Article, paragraph 1, items 4 and 5, the person designated for each organ by a Cabinet Order. The same shall apply hereinafter. the disclosure) of Administrative Documents held by the Administrative Organ concerned.
4 (Procedure for Disclosure Request) (1) A request for disclosure pursuant to the provision of the preceding Article (hereinafter referred to as a "Disclosure Request.") shall be made by submitting a document describing the matters listed in the following items (hereinafter referred to as the "Written Disclosure Request.") to the head of an Administrative Organ. (i) Name and domicile or residence of the person making the Disclosure Request, and the name of a representative in the case of a juridical person or other entities. (...) |
Article 3 – requests can come from "any person." 4(1) allows requests from corporations. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2 (Definitions) (2) The term "Administrative Document" as used in this Act shall mean a document, picture, and electromagnetic record (a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same shall apply hereinafter.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees; Provided, however, that the followings shall be excluded: (i) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (ii) Items that are, pursuant to the provisions of a Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in the National Archives or other organs designated by a Cabinet Order. | Article 2(2) provides some exceptions but these are already publicly available documents or stored in separate archives. It does not exclude things like "internal documents" or databases. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 2 (Definitions) (2) The term "Administrative Document" as used in this Act shall mean a document, picture, and electromagnetic record (a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same shall apply hereinafter.), that, having been prepared or obtained by an employee of an administrative organ in the course of his or her duties, is held by the administrative organ concerned for organizational use by its employees; Provided, however, that the followings shall be excluded: (i) Items published for the purpose of selling to many and unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books. (ii) Items that are, pursuant to the provisions of a Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in the National Archives or other organs designated by a Cabinet Order. | Access to documents, not information (2(2)). |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 2 (Definitions) 1. For the purposes of this law "administrative organ" refers to the following organs. (1) Organs within the Cabinet or organs under the jurisdiction of the Cabinet that were established pursuant to law. (2) Organs established as administrative organs of the State as provided for in Article 3, paragraph 2 of the National Government Organization Law (Law No. 120 of 1948). (Provided that the organ is one in which an organ designated by the Cabinet Order referred to in the next subparagraph is established, the organ designated by the Cabinet Order is excluded.) (3) Facilities and other organs under Article 8, paragraph 2 of the National Government Organization Law, and extraordinary organs under Article 8, paragraph 3 of the same law, that are designated by Cabinet Order. (4) The Board of Audit | Organs within the cabinet or organs subject to cabinet authority. Article 2 definition. Article 3(2) of the "national government organization law" includes ministries and agencies, as well as any subsidiary bodies they establish, but that's the extent of the scope. The archives are also not covered. There are no specific exclusions. Local contacts tell us that 1786 out of 1788 local governments have their own access to information rules. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | N/A | No mention of the legislature. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | NO | 0 | N/A | No mention of the judiciary. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 42 Information Disclosure by Public Corporations Regarding corporations that were founded directly by law or founded through special establishing acts brought about by special laws (Excluding corporations not subject to Article 4, subparagraph 11 of the Management and Coordination Agency Establishment Law (Law No. 79 of 1973). Hereinafter referred to as "public corporations."), in accord with their character and type of business, the government shall take necessary measures such as legislative measures relating to the disclosure of information held by public corporations in order to promote the disclosure and provision of information held by public corporations. | Article 42 seems to extend somewhat to these bodies, but our expert says SOE's aren't covered except for some state-run non-profits in 2(5). |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 2 (Definitions) (1) The term "Administrative Organ" as used in this Act shall mean the following organs. (...) (vi) The Board of Audit | Board of Audit is covered under the law (Article 2(6)). |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 4 (Procedure for Disclosure Request) (1) A request for disclosure pursuant to the provision of the preceding Article (hereinafter referred to as a "Disclosure Request.") shall be made by submitting a document describing the matters listed in the following items (hereinafter referred to as the "Written Disclosure Request.") to the head of an Administrative Organ. (i) Name and domicile or residence of the person making the Disclosure Request, and the name of a representative in the case of a juridical person or other entities. (ii) Name of the Administrative Documents or other matters sufficient for specifying the Administrative Documents pertaining to the Disclosure Request. (...) | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 4 (Procedure for Disclosure Request) (1) A request for disclosure pursuant to the provision of the preceding Article (hereinafter referred to as a "Disclosure Request.") shall be made by submitting a document describing the matters listed in the following items (hereinafter referred to as the "Written Disclosure Request.") to the head of an Administrative Organ. (i) Name and domicile or residence of the person making the Disclosure Request, and the name of a representative in the case of a juridical person or other entities. (ii) Name of the Administrative Documents or other matters sufficient for specifying the Administrative Documents pertaining to the Disclosure Request. (...) | Article 4(1) – requirement for only a name and an address for delivery. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 4 (Procedure for Disclosure Request) (1) A request for disclosure pursuant to the provision of the preceding Article (hereinafter referred to as a "Disclosure Request.") shall be made by submitting a document describing the matters listed in the following items (hereinafter referred to as the "Written Disclosure Request.") to the head of an Administrative Organ. (i) Name and domicile or residence of the person making the Disclosure Request, and the name of a representative in the case of a juridical person or other entities. (ii) Name of the Administrative Documents or other matters sufficient for specifying the Administrative Documents pertaining to the Disclosure Request. (...) | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 4 (Procedure for a Disclosure Request) (2) When the head of an Administrative Organ finds that there is a deficiency in the form of the Written Disclosure Request, he or she may, setting a reasonable period of time, ask the person having made the Disclosure Request (hereinafter referred to as the "Disclosure Requester.") to amend the request. In this case, the head of the Administrative Organ shall endeavor to provide the Disclosure Requester with information that will be helpful in the amendment. | Article 4(2). |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not specifically mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 12 (Transfer of a Case) (1) The head of an Administrative Organ may, when there is a justifiable ground for the head of another Administrative Organ to make Disclosure Decisions, etc., such as when Administrative Documents pertaining to a Disclosure Request were prepared by that Administrative Organ, upon consulting with the head of that Administrative Organ, transfer the case to the head of that Administrative Organ. In this case, the head of the Administrative Organ who has transferred the case shall notify the Disclosure Requester in writing to the effect that the case was transferred. (2) When a case has been transferred pursuant to the provision of the preceding paragraph, the head of the Administrative Organ who has received the transfer shall make the Disclosure Decisions, etc. for the Disclosure Request. In this case, the acts prior to transfer by the head of the Administrative Organ who has transferred the case shall be deemed to be those of the head of the administrative organ who has received the transfer. (3) In the case referred to in the preceding paragraph, when the head of the Administrative Organ who has received the transfer makes a decision set forth in Article 9, paragraph 1 (hereinafter referred to as a "Disclosure Decision."), the head of that Administrative Organ shall implement disclosure. In this case, the head of the Administrative Organ who has transferred the case shall cooperate as necessary in the implementation of that disclosure. | Article 12 allows for transfers, but lets authorities make a transfer even when they have the info if the info was created by another agency. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | 14 (Implementation of Disclosure) (1) The disclosure of Administrative Documents shall be implemented by inspection or by the delivery of copies for documents or pictures, and for Electromagnetic Records by methods designated by a Cabinet Order which take into consideration such matters as the type of the record and the state of development of information technology; provided, however, that when disclosure of an Administrative Document is to be implemented by the inspection method, if the head of an Administrative Organ finds that the inspection is likely to hinder the preservation of the Administrative Documents, or for other justifiable grounds, a copy of the documents or pictures may be provided for inspection. (2) The person who will obtain disclosure of Administrative Documents based upon a Disclosure Decision, pursuant to the provision of a Cabinet Order, shall indicate his or her desired method of implementation of disclosure and other matters designated by a Cabinet Order to the head of the Administrative Organ who has made the Disclosure Decision. (3) The indication pursuant to the provision of the preceding paragraph shall be made within thirty days from the date of the notice prescribed in Article 9, paragraph 1; provided, however, that this shall not apply when there are justifiable grounds for being unable to make the indication within this period of time. (4) The person who has obtained disclosure of Administrative Documents based upon a Disclosure Decision may, within thirty days from the date of obtaining the first disclosure,request the head of the Administrative Organ to the effect of obtaining further disclosure. In this case the proviso of the preceding paragraph shall apply mutatis mutandis. | No – Article 14 allows requesters to state a preference, but the authorities are under no obligation to comply. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 10 (Due Date for Disclosure Decisions, Etc.) (1) The decisions set forth in the respective items of the preceding Article (hereinafter referred to as "Disclosure Decisions, etc.") shall be made within thirty days from the date of a Disclosure Request; provided, however, that in the case where an amendment is requested pursuant to the provision of Article 4, paragraph 2, the number of days required for the amendment shall not be included within this period of time. | Article 10(1) – 30 days. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 10 (Due Date for Disclosure Decisions, Etc.)
(2) Notwithstanding the provision of the preceding paragraph, when there are justifiable grounds such as difficulties arising from the conduct of affairs, the head of an Administrative Organ may extend the period of time prescribed in the same paragraph for up to thirty days. In this case, the head of an Administrative Organ shall without delay notify the Disclosure Requester in writing of the extended period and the grounds for the extension.
11 (Exception to the Due Date for Disclosure Decisions, Etc.) In the case that there is a considerably large amount of Administrative Documents pertaining to a Disclosure Request, and that there is a risk that the performance of duties may be considerably hindered by making Disclosure Decisions, etc. for all of them within sixty days from the date of a Disclosure Request, notwithstanding the provision of the preceding Article, it would be sufficient for the head of an Administrative Organ to make Disclosure Decisions, etc. for a reasonable portion of the Administrative Documents pertaining to a Disclosure Request within the said period of time, and to make Disclosure Decisions, etc. for the remaining Administrative Documents within a reasonable period of time. In this case, the head of an Administrative Organ shall within the period of time prescribed in paragraph 1 of the same Article notify the Disclosure Requester in writing of the following matters: (i) The application of this Article and the grounds for its application. (ii) Due date for making Disclosure Decisions, etc. for the remaining Administrative Documents. |
Article 10(2) is reasonable, but Article 11 extends this slightly too far. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | NO | 0 | 16 (Fees) (1) The person who makes a Disclosure Request, and the person who obtains the disclosure of Administrative Documents shall, pursuant to the provisions of a Cabinet Order, pay a fee pertaining to the Disclosure Request and a fee pertaining to the implementation of disclosure of an amount specified within the scopes of actual costs by a Cabinet Order respectively. | Article 16(1). |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 16 (Fees) (1) The person who makes a Disclosure Request, and the person who obtains the disclosure of Administrative Documents shall, pursuant to the provisions of a Cabinet Order, pay a fee pertaining to the Disclosure Request and a fee pertaining to the implementation of disclosure of an amount specified within the scopes of actual costs by a Cabinet Order respectively. (2) When setting the amount of the fee set forth in the preceding paragraph, consideration shall be given to make the amount as affordable as possible. (...) | Fees should be within the limits of actual expenses: Article 16. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 16 (Fees) (3) When it finds that there is economic hardship or other special grounds, pursuant to the provisions of a Cabinet Order, the head of an Administrative Organ may grant a reduction of or an exemption from the fee set forth in paragraph 1. | Article 16(3). |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 2 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | N/A | Not mentioned. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | 5 (Obligation to disclose Administrative Documents) When there is a Disclosure Request, unless any of the information listed in each of the following items (hereinafter referred to as "Non-Disclosure Information.") is recorded in the Administrative Documents pertaining to the Disclosure Request, the head of an Administrative Organ shall disclose said Administrative Documents to the Disclosure Requester. (i) Information concerning an individual (excluding information concerning the business of an individual who operates the said business.), where it is possible to identify a specific individual from a name, date of birth or other description, etc., contained in the information concerned (including cases where it is possible to identify a specific individual through comparing the said information with other information.), or when it is not possible to identify a specific individual, but disclosure of the said information is likely to cause harm to the rights and interests of an individual; provided however, that the following information shall be excluded: (a) Information that is made public, or information that is scheduled to be made public, pursuant to the provisions of laws and regulations or by custom. (b) Information which is found necessary to be disclosed in order to protect a person's life, health, livelihood, or property. (c) In the case that the said individual is a Public Officer, etc. (national public officers prescribed in Article 2, paragraph 1 of the National Public Officer Act [Act No. 120 of 1947] [excluding officers and employees of the specified incorporated administrative agencies prescribed in Article 2, paragraph 2 of the Act on General Rules for Incorporated Administrative Agency (Act No. 103 of 1999) and of the Japan Post]; officers and employees of the Incorporated Administrative Agencies, etc. (meaning the incorporated administrative agencies, etc. prescribed in Article 2, paragraph 1 of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001. Hereinafter referred to as "Incorporated Administrative Agency, etc. Information Disclosure Act"); local public officers prescribed in Article 2 of the Local Public Officer Act (Act No. 261 of 1950).); and officers and employees of the Local Incorporated Administrative Agencies [which means local incorporated administrative agencies prescribed in Article 2, paragraph 1 of the Act on Local Incorporated Administrative Agencies(Act No. 118 of 2003).The same shall apply hereinafter.]), and when the said information is one pertaining to the performance of his or her duties, the portion of the said information pertaining to the job of the said Public Officer, etc. and the substance of the said performance of duties. (ii) Information concerning a juridical person or other entities (excluding the State, Incorporated Administrative Agencies, etc., local public entities and Local Incorporated Administrative Agencies. hereinafter referred to as a "Juridical Person, etc."), or information concerning the business of an individual who operates the said business, which corresponds to the following, provided; however, that information which is found necessary to be disclosed in order to protect a person's life, health, livelihood, or property shall be excluded. (a) Information which when disclosed is likely to cause harm to the rights, competitive position, or other legitimate interests of the said Juridical Persons, etc. or of the said individual. (b) Information customarily not disclosed by the Judicial Person, etc. or the individual, which has been voluntarily provided in response to a request by an Administrative Organ on the condition of non-disclosure, or information for which it is found reasonable to set such a condition in light of the nature of the information or the circumstances at the time. (iii) Information for which there are reasonable grounds for the head of an Administrative Organ to find that disclosure is likely to cause harm to national security, cause damage to the relationship of mutual trust with another country or an international organization, or cause a disadvantage in negotiations with another country or an international organization. (iv) Information for which there are reasonable grounds for the head of an Administrative Organ to find that disclosure is likely to cause impediments to prevention, suppression or investigation of crimes, the maintenance of prosecutions, the execution of punishment, and other matters concerning maintenance of public safety and public order. (v) Information concerning deliberations, examinations or consultations internally conducted by or mutually conducted between state organs, Incorporated Administrative Agencies, etc., local public entities and Local Incorporated Administrative Agencies, where disclosure is likely to cause unjust harm to the open exchange of opinions or the neutrality of decision making, cause unjust confusion among citizens, or bring unjust advantages or disadvantages to specific individuals. (vi) Information concerning the affairs or business conducted by a state organ, an Incorporated Administrative Agency, etc., a local public entity or a Local Incorporated Administrative Agency, where disclosure is likely to have the following risks or is likely to hinder the proper execution of the said affairs or business due to the nature of the said affairs or business. (a) Risk of making it difficult to understand accurately facts concerning affairs pertaining to audits, inspections, supervision, examinations, or imposition or collection of tax, or facilitating wrongful acts regarding such affairs, or making it difficult to discover such acts. (b) Risk of causing unjust damage to the property benefit of the State, an Incorporated Administrative Agency, etc., a local public entities or a Local Incorporated Administrative Agency concerning affairs pertaining to contracts, negotiations or administrative objections and litigations. (c) Risk of causing unjust hindrance to the fair and efficient execution of affairs pertaining to research and study. (d) Risk of causing hindrance to the maintenance of impartial and smooth personnel practices in the affairs pertaining to personal management. (e) Risk of causing damage to the legitimate interests arising from corporate management with regard to the business of an enterprise managed by the State or a local public entity, an Incorporated Administrative Agency, etc., or a Local Incorporated Administrative Agency. | Article 5. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 3 | 7 (Discretionary Disclosure for Public Interest Grounds) Even in the case that Non-Disclosure Information is recorded in Administrative Documents pertaining to a Disclosure Request, when the head of an Administrative Organ finds that there is a particular public interest necessity, he or she may disclose those Administrative Documents to the Disclosure Requester. | Article 7 – applies to all exceptions, but isn't mandatory (may, rather than must). |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | No time limits applied to exceptions. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 13 (Granting a Third Party an opportunity to submit a written opinion, Etc.) (1) When information concerning a person other than the State, an Incorporated Administrative Agency, etc., a local public entity, a Local Incorporated Administrative Agency and the Disclosure Requester (hereinafter referred to as a "Third Party." in this Article, Article 19, and Article 20) is recorded in the Administrative Documents pertaining to a Disclosure Request, the head of an Administrative Organ, when making Disclosure Decisions, etc., may notify the Third Party pertaining to the information of an indication of the Administrative Documents pertaining to the Disclosure Request and other matters designated by a Cabinet Order, and may grant him or her an opportunity to submit a written opinion. (2) In the cases that fall under any of the following items, before making a Disclosure Decision, the head of an Administrative Organ shall notify the Third Party in writing of an indication of the documents pertaining to the Disclosure Request and other matters designated by a Cabinet Order, and shall grant him or her an opportunity to submit a written opinion; provided, however, that this shall not apply to the case that the Third Party's location is unknown. (i) When the Administrative Documents in which information concerning a Third Party is recorded are to be disclosed, and when it is found that the said information falls under the information prescribed in Article 5, item 1, (b) or in the proviso of item 2 of the same Article. (ii) When the Administrative Documents in which information concerning a Third Party is recorded are to be disclosed pursuant to the provision of Article 7. (3) In the case that the Third Party who was granted an opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs submits a written opinion manifesting the intention of opposition to disclosure of the Administrative Documents concerned, the head of the Administrative Organ, when making a Disclosure Decision, shall place at least two weeks between the day of the Disclosure Decision and the day that disclosure will be implemented. In this case, upon making the Disclosure Decision the head of the Administrative Organ shall immediately notify the Third Party who submitted the written opinion (referred to as a "Written Opposition Opinion" In Article 18 and 19) in writing to the effect that the Disclosure Decision was made and the grounds for its decision, and the date of implementation of disclosure. | Clear mechanism in Article 13. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 6 (Partial Disclosure) (1) In the case that Non-Disclosure Information is recorded in a part of an Administrative Document pertaining to a Disclosure Request, when it is possible to easily divide and exclude the portion in which the Non-Disclosure Information is recorded, the head of an Administrative Organ shall disclose to the Disclosure Requester the portion other than the excluded portion; provided, however, that this shall not apply when it is found that no meaningful information is recorded in the portion other than the excluded portion. (2) In the case that the information set forth in item 1 of the preceding Article (limited to information that can identify a specific individual.) is recorded in an Administrative Document pertaining to a Disclosure Request, and if by excluding the portion of the description, etc., that can identify the specific individual, such as a name or date of birth from the said information, it is found that disclosure of the information is not likely to cause damage to the rights and interests of an individual , the preceding paragraph shall be applied by deeming the portion other than the excluded portion as not being included in the information prescribed in the same item. | Article 6. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | [Administrative Procedure Act] 8(1) Administrative agencies shall, in cases where they render Dispositions refusing the permission, etc. sought by Applications, concurrently show the grounds for the subject Disposition. However, where either the requirements provided by laws and regulations for the permission, etc. or the review standards that have been made available to the public are clearly specified in terms of quantitative indices or other objective indices, and where the fact that an Application does not conform to these requirements or standards can easily be seen from the contents of the written application or from its attached documents, it would be sufficient to show the grounds for the refusal only upon request of the applications. (2) When Dispositions prescribed in the main clause of the preceding paragraph are rendered in writing, then the grounds set forth in the preceding paragraph shall also be shown in writing. | a) Yes b) No |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | N/A | See Administrative Complaint Review Act (Act No. 68 of 2014), aka the Administrative Appeal Act, here. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | N/A | See Administrative Complaint Review Act (Act No. 68 of 2014), aka the Administrative Appeal Act, here. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 23(7) When the Prime Minister concludes that a member is not able to carry out his or her duties due to a physical or mental difficulty, or concludes that a member has acted in contravention of official duties or that there has been some other misconduct unbecoming of a member, he or she, on receiving the approval of both Houses, may dismiss that member. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | 23 (Members) (1) The Prime Minister shall appoint members from among those people of superior judgment who have been approved by both Houses. [...] (9) While in office a member shall not be an officer of a political party or other political association, or actively take part in a political movement. (10) Full-time members, while in office, except where they have received the Prime Minister's permission, shall not engage in another job for remuneration, run a commercial enterprise, or conduct any other business the purpose of which is to profit financially. | Articles 23(1), (9) and (10) of the old 1999 Act. These are now Articles 4(1), (9) and (10) of the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 27 (The Review Board's Investigative Authority) (1) When it is deemed necessary, the Review Board may request the reference agency to present the administrative documents concerned with the disclosure decision, etc.. In this case, no one may request to the Review Board the disclosure of those administrative documents presented to the Review Board. (2) The reference agency shall not turn down a request made in accordance with the preceding paragraph. (3) When it is deemed necessary, the Review Board may request to the reference agency that it produce and submit to the Review Board materials classifying or arranging in a manner specified by the Review Board the contents of the information recorded in the administrative documents concerned with the disclosure decision, etc. (4) In addition to the provisions of the first paragraph and the preceding paragraph of this Article, the Review Board may, in relation to the matter concerned with an appeal, request the appellant, intervenor, or the reference agency (hereinafter referred to as "appellant, etc.") to submit written opinions or other materials, and may have persons deemed appropriate make statements about facts of which they have knowledge or request expert opinions or make any other necessary investigations. | Articles 27(1)-(4) of the old 1999 Act. These are now Articles 9(1)-(4) of the Act for Establishment of the Information Disclosure and Personal Information Protection Review Board. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | 18 (Consulting the Review Board) When there is an objection to a Disclosure Decision, etc. pursuant to the provisions of the Administrative Appeal Act (Act No. 160 of 1962), the head of the Administrative Organ who is expected to make a determination or decision on the objection, except the cases that fall under any of the following items, shall consult the Information Disclosure and Personal Information Protection Review Board (When the head of the Administrative Organ who is expected to make a determination or decision on the objection is the head of the Board of Audit, a review board separately provided for by an Act.) (i) When the objection is illegitimate and is to be dismissed. (ii) When, by a determination or decision, the Disclosure Decision, etc. (excluding the decisions to the effect of disclosing all the Administrative Documents pertaining to a Disclosure Request; hereinafter the same shall apply in this item and in Article 20.) pertaining to the objection is rescinded or altered, and all the Administrative Documents pertaining to the objection are to be disclosed; provided, however, that this shall exclude the cases in which a Written Opposition Opinion regarding the Disclosure Decision, etc. has been submitted. | The Information Disclosure and Personal Information Protection Review Board is only a consultative body; Article 18. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 18(ii) When, by a determination or decision, the Disclosure Decision, etc. (excluding the decisions to the effect of disclosing all the Administrative Documents pertaining to a Disclosure Request; hereinafter the same shall apply in this item and in Article 20.) pertaining to the objection is rescinded or altered, and all the Administrative Documents pertaining to the objection are to be disclosed; provided, however, that this shall exclude the cases in which a Written Opposition Opinion regarding the Disclosure Decision, etc. has been submitted. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Requesters can file a case to district court against any government decision. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | N/A | No fees, no need for lawyers. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | N/A | According to our expert administrative silence can be appealed, but breach of timelines or excessive fees cannot be appealed. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | N/A | See Whistleblower Protection Act, No. 122 of 2004 here. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | N/A | The management of records are set and applied by Public Records and Archives Management Act here. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | [Public Records and Archives Management Act] 7(1) To ensure appropriate management of an Administrative Document File, etc., the head of an Administrative Organ shall, pursuant to the provisions of a Cabinet Order, record the classification, the title, the retention period, the expiration date of the retention period, measures to be taken upon expiration of the retention period, the preservation location and other necessary matters (excluding those falling under Non-Disclosure Information as provided for in Article 5 of the Act on Access to Information Held by Administrative Organs [Act No. 42 of 1999; hereinafter referred to as "the Administrative Organs Information Disclosure Act"]) of an Administrative Document File, etc., in a register (hereinafter referred to as an "Administrative Document File Management Register"); provided, however, that this shall not apply to an Administrative Document File, etc., for which a retention period less than the period prescribed by a Cabinet Order has been set. (2) The head of an Administrative Organ shall, pursuant to the provisions of a Cabinet Order, keep an Administrative Document File Management Register in an office of said Administrative Organ and provide it for public inspection, and shall also publicize it by the method using an electronic data processing system or a method using other information and communications technology. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | Partially | 1 | 39(1) The Director General of the Management and Coordination Agency may request reports on the state of enforcement of this law from the heads of the administrative organs. (2) The Director General of the Management and Coordination Agency shall annually collect, arrange, and publish a summary of the reports of the preceding paragraph. | The Act allows the Minister of Public Management to request reports, but no mandate for this to be done annually. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
