Act on Access to Information Held by Administrative Organs

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Act on Access to Information Held by Administrative Organs
(Japanese: 行政機関の保有する情報の公開に関する法律)
 (2004) 
the Government of Japan, translated by Ministry of Justice, Government of Japan
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.
Source: Act on Access to Information Held by Administrative Organs Japanese Law Translation by the Ministry of Justice on April 1, 2009.

Copyright Act

  • Law number: Act No. 42 of 1999
  • Last amendment : Act No. 84 of 2004

Chapter 1 General Provisions

(Purpose)

Article 1 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.

(Definitions)

Article 2 The term "Administrative Organ" as used in this Act shall mean the following organs.

(i) Organs within the Cabinet (excluding the Cabinet Office) or organs under the jurisdiction of the Cabinet that were established pursuant to the provisions of Acts.

(ii) The Cabinet Office, the Imperial Household Agency, and organs prescribed in Article 49, paragraphs 1 and 2 of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) (Provided that those organs establish the organ designated by the Cabinet Order set forth in item 4, the organ designated by that Cabinet Order is excluded.).

(iii) Organs prescribed in Article 3, paragraph 2 of the National Government Organization Act (Act No. 120 of 1948) (Provided that those organs establish the organ designated by the Cabinet Order set forth in item 5 , the organ designated by that Cabinet Order is excluded.).

(iv) Organs set forth in Articles 39 and 55 of the Act for Establishment of the Cabinet Office and in Article 16, paragraph 2 of the Imperial Household Agency Act (Act No. 70 of 1947), and extraordinary organs set forth in Articles 40 and 56 (including the cases where it is applied mutatis mutandis pursuant to Article 18, paragraph 1 of the Imperial Household Agency Act), that are designated by a Cabinet Order.

(v) Facilities and other organs set forth in Article 8-2 of the National Government Organization Act, and extraordinary organs set forth in Article 8-3 of the same Act, that are designated by a Cabinet Order.

(vi) The Board of Audit

(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.

Chapter 2 Disclosure of Administrative Documents

(Right to Request Disclosure)

Article 3 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.

(Procedure of for Disclosure Request)

Article 4 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.

(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.

(Obligation to disclose Administrative Documents)

Article 5 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.

(Partial Disclosure)

Article 6 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.

(Discretionary Disclosure for Public Interest Grounds)

Article 7 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.

(Information concerning the Existence of Administrative Documents)

Article 8 When Non-Disclosure Information will be disclosed by merely answering whether or not the Administrative Documents pertaining to a Disclosure Request exist, the head of an Administrative Organ, without making clear the existence or non-existence of the Administrative Documents, may refuse the Disclosure Request.

(Measures concerning Disclosure Requests)

Article 9 When disclosing all or a part of the Administrative Documents pertaining to a Disclosure Request, the head of an Administrative Organ shall make a decision to that effect, and notify the Disclosure Requester to that effect and matters designated by a Cabinet Order relating to the implementation of disclosure in writing.

(2) When not disclosing any of the Administrative Documents pertaining to a Disclosure Request (including when refusing a Disclosure Request pursuant to the provision of the preceding Article and when Administrative Documents pertaining to a Disclosure Request are not held.), the head of an Administrative Organ shall make a decision to the effect of non-disclosure and notify the Disclosure Requester to that effect in writing.

(Due Date for Disclosure Decisions, Etc.)

Article 10 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.

(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.

(Exception to the Due Date for Disclosure Decisions, Etc.)

Article 11 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.

(Transfer of a Case)

Article 12 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.

(Transfer of a Case to the Incorporated Administrative Agency, etc.)

Article 12-2 When there is a justifiable ground for an Incorporated Administrative Agency, etc. to make the Disclosure Decisions, etc. prescribed in Article 10, paragraph 1 of Incorporated Administrative Agency, etc. Information Disclosure Act, such as when Administrative Documents pertaining to a Disclosure Request was provided by that Incorporated Administrative Agency, etc., the head of an Administrative Organ may, upon consulting with the Incorporated Administrative Agency, etc., transfer the case to that Incorporated Administrative Agency, etc. 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 provisions of the Incorporated Administrative Agency etc. Information Disclosure Act shall be applied to the transferred case by deeming the Administrative Documents to be the Corporate Documents prescribed in Article 2, paragraph 2 of the Incorporated Administrative Agency, etc. Information Disclosure Act, held by the Incorporated Administrative Agency, etc. which has received the transfer; and deeming the Disclosure Request to be the Disclosure Request prescribed in Article 4, paragraph 1 of the Incorporated Administrative Agency, etc. Information Disclosure Act, submitted to the Incorporated Administrative Agency, etc. which has received the transfer, In this case, the terms "Article 4, paragraph 2" in Article 10, paragraph 1 of the Incorporated Administrative Agency, etc. Information Disclosure Act shall be deemed to be replaced with "Article 4, paragraph 2 of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999)"; and the terms "The person who makes a Disclosure Request and the person who obtains the disclosure of Corporate Documents," "shall pay respectively" and "a fee for the Disclosure Request and a fee" in Article 17, paragraph 1 of the Incorporated Administrative Agency, etc. Information Disclosure Act shall be deemed to be replaced respectively with "The person who obtains the disclosure of Corporate Documents," "shall pay" and "a fee".

(3) When a case has been transferred pursuant to the provision of paragraph 1 and the Incorporated Administrative Agency, etc. which has received the transfer implements disclosure, the head of the Administrative Organ who has transferred the case shall cooperate as necessary in the implementation of disclosure.

(Granting a Third Party an opportunity to submit a written opinion, Etc.)

Article 13 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.

(Implementation of Disclosure)

Article 14 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.

(Coordination with Disclosure Implemented by Other Laws and Regulations)

Article 15 In the case that, pursuant to the provisions of other laws and regulations, Administrative Documents pertaining to a Disclosure Request are to be disclosed to any person by the same method prescribed in the main clause of paragraph 1 of the preceding Article (When the period of time for disclosure is provided for, limited to within that period of time.), notwithstanding the main clause of the same paragraph, the head of the Administrative Organ shall not disclose those Administrative Documents by that same method; provided, however, that this shall not apply when there is a provision in other laws and regulations to the effect that disclosure shall not be implemented in certain cases.

(2) When the disclosure method designated by the provisions of the other laws and regulations is public inspection, the preceding paragraph shall be applied by deeming the said public inspection to be the inspection set forth in the main clause of paragraph 1 of the preceding Article.

(Fees)

Article 16 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.

(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.

(Delegation of Authority or Affairs)

Article 17 The head of an Administrative Organ, pursuant to the provisions of a Cabinet Order (In the case of organs under the jurisdiction of the Cabinet and the Board of Audit, orders of those organs.), may delegate to an employee of that Administrative Organ the authority or affairs prescribed in this Chapter.

Chapter 3 Objections, Etc.

(Consulting the Review Board)

Article 18 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.

(Notice of the Fact of Consultation)

Article 19 The head of an Administrative Organ who has made a consultation pursuant to the provisions of the preceding Article shall notify the following persons to the effect that the consultation was made.

(i) The objector and intervenor.

(ii) The Disclosure Requester (except when such person is the objector or an intervenor.).

(iii) A Third Party who has submitted a Written Opposition Opinion regarding the Disclosure Decision, etc. that is pertaining to the objection (excluding the cases in which the Third Party is the objector or an intervenor.).

(Procedures in the Case that an Objection from a Third Party is Dismissed, etc.)

Article 20 The provision of Article 13, paragraph 3, shall apply mutatis mutandis to the cases in which the determination or decision falls under any of the following items.

(i) A determination or decision to dismiss without prejudice or dismiss with prejudice on the merits an objection from a Third Party against a Disclosure Decision.

(ii) A determination or decision altering the Disclosure Decision, etc. pertaining to an objection to the effect of disclosing Administrative Documents pertaining to that Disclosure Decision, etc. (limited to the case in which an intervenor who is a Third Party has manifested an intention to oppose the disclosure of the Administrative Documents.).

(Special Provisions for the Transfer of Lawsuits)

Article 21 In the case a lawsuit demanding the rescission of a Disclosure Decision, etc. or the rescission of a determination or decision regarding the objection to a Disclosure Decision, etc. (referred to as an "Information Disclosure Lawsuit" in the following paragraph and in paragraph 2 of the Supplementary Provisions) is brought to the court of special jurisdiction prescribed in the provision of Article 12, paragraph 4 of the Administrative Case Litigation Act (Act No. 139 of 1962), if, notwithstanding the provision of Article 12, paragraph 5 of the same Act, an appeal lawsuit ( which means an appeal lawsuit prescribed in Article3, paragraph 1 in the same Act; the same shall apply in the following paragraph.) against a Disclosure Decision etc. regarding the same, the same type of or similar Administrative Documents or against a determination or decision regarding the objection against such a Disclosure Decision etc., is pending in another court, the said court of special jurisdiction may, when it finds it reasonable in consideration of the addresses or locations of the parties, the addresses of witnesses who shall be examined, characteristics common to the points at issue or the evidence, and other circumstances, may in response to a petition or on its own authority transfer the whole lawsuit or a part of it to the other court or a court prescribed Article 12, paragraphs 1 to 3 of the same Act.

(2) The preceding paragraph shall apply mutatis mutandis to the case when an appeal lawsuit against a Disclosure Decision etc. or against a determination or decision regarding an objection to a Disclosure Decision etc., other than an Information Disclosure Lawsuit, is brought to the court of special jurisdiction prescribed in the Article 12, paragraph 4 of the Administrative Case Litigation Act.

Chapter 4 Auxiliary Provisions

(Management of Administrative Documents)

Article 22 To contribute to the proper and smooth operation of this Act, the heads of Administrative Organs shall properly manage Administrative Documents.

(2) The heads of Administrative Organs shall establish rules regarding the management of Administrative Documents by taking into consideration the provisions of a Cabinet Order, and make the rules available for public inspection.

(3) The Cabinet Order set forth in the preceding paragraph shall provide for standards for the classification, preparation, preservation and disposal of Administrative Documents, and other necessary matters concerning the management of Administrative Documents.

(Provision of Information to a Person who Intends to Make a Disclosure Request)

Article 23 In order to allow a person who intends to make a Disclosure Request easily and appropriately, the heads of Administrative Organs shall provide information that contributes to specifying the Administrative Documents held by the Administrative Organs and take other appropriate measures that take into account the convenience of the person intending to make the Disclosure Request.

(2) The Minister of Internal Affairs and Communications shall establish comprehensive information centers concerning Disclosure Requests for ensuring the smooth implementation of this Act.

(Public Announcement of the State of Enforcement)

Article 24 The Minister of Internal Affairs and Communications may collect reports on the state of enforcement of this Act from the heads of the Administrative Organs.

(2) Each year the Minister of Internal Affairs and Communications shall compile the reports set forth in the preceding paragraph, and publicly announce their outline.

(Enhancement of Measures for the Provision of Information Held by Administrative Organs)

Article 25 In order to comprehensively promote disclosure of the information it holds, the Government shall endeavor to enhance measures concerned with the provision of information held by Administrative Organs, so as to make clear to the citizens through timely and appropriate methods the information that Administrative Organs hold.

(Information Disclosure by Local Public Entities)

Article 26 In accordance with the purpose of this Act, local public entities shall endeavor to formulate and implement measures necessary for the disclosure of the information that they hold.

(Delegation to a Cabinet Order)

Article 27 In addition to what is provided for in this Act, necessary matters concerning implementation of this Act shall be prescribed by a Cabinet Order.

Supplementary Provisions

(1) This Act shall come into force as from the date specified by a Cabinet Order within a period not exceeding two years from the day of promulgation; however, that the provisions of the part of Article 23, paragraph 1, concerning receiving of the consent of both Houses, and provisions of Article 40 to Article 42 inclusive and the following paragraph, shall come into force as from the day of promulgation.

(2) Approximately four years after this Act comes into force, the Government shall examine the state of enforcement of this Act and the manner of jurisdiction for Information Disclosure Lawsuits, and shall take necessary measures based upon those results.

Source[edit]

This is a translation and has a separate copyright status from the original text. The license for the translation applies to this edition only.
Original:
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 206.01 of the Compendium II: Copyright Office Practices. Such documents include "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium II § 206.03 and 17 U.S.C. 104(b)(5).


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A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
 
Translation:
This work is in the public domain because, according to Article 13 of the Copyright Act of Japan, this work is not eligible for copyright. The provisions of Article 13 shall not grant copyright to a work falling under any of the following categories:
  1. the Constitution and other laws and regulations;
  2. public notices, instructions, circular notices and the like issued by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies;
  3. judgments, decisions, orders and decrees of courts, as well as rulings and judgments made by government agencies in proceedings of a quasi-judicial nature;
  4. translations and compilations prepared by organs of the State or local public entities, incorporated administrative agencies or local incorporated administrative agencies of [any of] the materials listed in the preceding three items.