Act on Access to Information Held by Incorporated Administrative Agencies(Act No. 140 of 2001)
Last Version: Act No. 79 of 2023
TOC
History

  • March 19, 2024
    • Last Version: Act No. 79 of 2023
    • Translated Date: March 12, 2024
    • Dictionary Version: 16.0

The Act on Access to Information Held by Incorporated Administrative Agencies is hereby promulgated.
Act on Access to Information Held by Incorporated Administrative Agencies (Appended Table 1, unenforced (Tentative translation))
Act No. 140 of December 5, 2001
Table of contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Disclosure of Corporate Documents (Articles 3 to 17)
Chapter III Request for Review (Articles 18 to 21)
Chapter IV Provision of Information (Article 22)
Chapter V Auxiliary Provisions (Articles 23 to 25)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is, in accordance with the principle of sovereignty of the people, and by providing for such matters as the right to request the disclosure of corporate documents and the provision of information concerning various activities of incorporated administrative agencies, etc., to endeavor towards greater disclosure of information held by incorporated administrative agencies, etc. thereby ensuring accountability of incorporated administrative agencies, etc. to the citizens for their various activities.
(Definitions)
Article 2(1)The term "incorporated administrative agency, etc." as used in this Act means the incorporated administrative agency prescribed in Article 2, paragraph (1) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) and the corporations set forth in Appended Table 1.
(2)The term "corporate document" as used in this Act means a document, picture, and electronic or magnetic record (a record made by an electronic method, a magnetic method, or any other method not recognizable to human senses; the same applies hereinafter) that, having been prepared or obtained by an officer or employee of an incorporated administrative agency, etc. in the course of their duties, is held by the incorporated administrative agency, etc. concerned for organizational use by its officers or employees; provided, however, that the following matters are excluded:
(i)items published for the purpose of sale to a large number of unspecified persons, such as official gazettes, white papers, newspapers, magazines, and books;
(ii)specified historical public records and archives prescribed in Article 2, paragraph (7) of the Public Records and Archives Management Act (Act No. 66 of 2009);
(iii)items that are, pursuant to the provisions of Cabinet Order, specially managed as either historical or cultural materials, or as materials for academic research in research institutes or other facilities designated by Cabinet Order (excluding those set forth in the preceding item); and
(iv)documents, pictures and electronic or magnetic records held by the incorporated administrative agencies, etc. set forth in the left-hand column of Appended Table 2, which are, pursuant to the provisions of Cabinet Order, separate from those pertaining to operations other than the operations set forth in the right-hand column of the same table, as those exclusively pertaining to the operations set forth in the right-hand column of the same table.
Chapter II Disclosure of Corporate Documents
(Right to Request Disclosure)
Article 3Any person may, pursuant to the provisions of this Act, request an incorporated administrative agency, etc. to provide disclosure of corporate documents held by the incorporated administrative agency, etc. concerned.
(Procedure of Request for Disclosure)
Article 4(1)A request for disclosure pursuant to the provisions of the preceding Article (hereinafter referred to as a "disclosure request") must be made by submitting a document describing the matters set forth in the following items (hereinafter referred to as the "written disclosure request") to an incorporated administrative agency, etc.:
(i)the name and domicile or residence of the person making the disclosure request, and the name of a representative in the case of a corporation or other organizations; and
(ii)the name of the corporate documents or other matters sufficient for specifying the corporate documents pertaining to the disclosure request.
(2)When an incorporated administrative agency, etc. finds that there is a deficiency in the form of the written disclosure request, it may, setting a reasonable period of time, ask the person having made the disclosure request (hereinafter referred to as the "disclosure requester") to correct the request. In this case, the incorporated administrative agency, etc. must endeavor to provide the disclosure requester with information that will be helpful in making the correction.
(Obligation to Disclose Corporate Documents)
Article 5When there is a disclosure request, unless any of the information set forth in each of the following items (hereinafter referred to as "non-disclosure information") is recorded in the corporate documents pertaining to the disclosure request, an incorporated administrative agency, etc. must disclose the corporate documents to the disclosure requester:
(i)information concerning an individual (excluding information concerning the business of an individual who operates the business), where it is possible to identify a specific individual from the name, date of birth or other descriptive details of the individual (meaning any details stated, recorded, or otherwise expressed using sound, motion, or other means in a document, picture, or electronic or magnetic record; the same applies in paragraph (2) of the following Article), contained in the information concerned (including cases where it is possible to identify a specific individual through comparing the information with other information), or when it is not possible to identify a specific individual, but disclosure of the information is likely to cause harm to the rights and interests of an individual; provided however, that the following information is 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; and
(c)in the case that the individual is a public employee, etc. (meaning national public employees prescribed in Article 2, paragraph (1) of the National Public Service Act (Act No. 120 of 1947) (excluding officers and employees of the agency engaged in administrative execution prescribed in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies); officers and employees of incorporated administrative agencies, etc.; local public employees prescribed in Article 2 of the Local Public Service Act (Act No. 261 of 1950); and officers and employees of local incorporated administrative agencies (meaning local incorporated administrative agencies prescribed in Article 2, paragraph (1) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003); the same applies hereinafter)), and when the information pertains to the performance of their duties, the portion of the information pertaining to the job of the public employee, etc. and the substance of the performance of duties;
(i)-2anonymized personal information the administrative entity holds prescribed in Article 60, paragraph (3) of the Act on the Protection of Personal Information (Act No. 57 of 2003) (limited to information constituting anonymized personal information files the administrative entity holds prescribed in paragraph (4) of the same Article; hereinafter referred to as "anonymized personal information the administrative entity holds" in this item) or an identifier or the equivalent prescribed in Article 2, paragraph (1), item (i) of the same Act or an individual identification code prescribed in paragraph (2) of the same Article which has been deleted from personal information an administrative entity holds prescribed in Article 60, paragraph (1) of the same Act which was used to prepare anonymized personal information the administrative entity holds;
(ii)information concerning a corporation or other organizations (excluding the State, incorporated administrative agencies, etc., local public entities and local incorporated administrative agencies; hereinafter referred to as a " corporation, etc."), or information concerning the business of an individual who operates the 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 is excluded:
(a)information which when disclosed is likely to cause harm to the rights, competitive position, or other legitimate interests of the corporation, etc. or the individual; and
(b)information customarily not disclosed by the corporation, etc. or the individual, which has been voluntarily provided in response to a request by an incorporated administrative agency, etc. 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 concerning deliberations, examinations or consultations internally conducted by or mutually conducted between national government 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;
(iv)information concerning the affairs or business conducted by a national government 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 affairs or business due to the nature of the affairs or business:
(a)risk of causing harm to national security, causing damage to the relationship of mutual trust with another country or an international organization, or causing a disadvantage in negotiations with another country or an international organization;
(b)risk of causing impediments to prevention, suppression or investigation of crimes, and other matters concerning maintenance of public safety and public order;
(c)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 illegal or wrongful acts regarding such affairs, or making it difficult to discover such acts;
(d)risk of causing unjust damage to the economic benefit or the position as the party concerned of the State, an incorporated administrative agency, etc., a local public entity or a local incorporated administrative agency concerning affairs pertaining to contracts, negotiations or administrative objections and litigations;
(e)risk of causing unjust hindrance to the fair and efficient execution of affairs pertaining to research and study;
(f)risk of causing hindrance to the maintenance of impartial and smooth personnel practices in the affairs pertaining to personnel management; and
(g)risk of causing damage to the legitimate interests arising from corporate management with regard to the business of an incorporated administrative agency, etc., an enterprise managed by a local public entity, or a local incorporated administrative agency.
(Partial Disclosure)
Article 6(1)In the case that non-disclosure information is recorded in a part of a corporate 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, an incorporated administrative agency, etc. must disclose to the disclosure requester the portion other than the excluded portion; provided, however, that this does 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 (i) of the preceding Article (limited to information that can identify a specific individual) is recorded in a corporate document pertaining to a disclosure request, and if by excluding the portion of the description that can identify the specific individual, such as a name or date of birth from the 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 is 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 7Even in the case that non-disclosure information (excluding the information set forth in Article 5, item (i)-2) is recorded in corporate documents pertaining to a disclosure request, when an incorporated administrative agency, etc. finds that there is a particular public interest necessity, it may disclose those corporate documents to the disclosure requester.
(Information concerning the Existence of Corporate Documents)
Article 8When non-disclosure information is to be disclosed by merely answering whether or not the corporate documents pertaining to a disclosure request exist, an incorporated administrative agency, etc., without making clear the existence or non-existence of the corporate documents, may refuse the disclosure request.
(Measures concerning Disclosure Requests)
Article 9(1)When disclosing all or a part of the corporate documents pertaining to a disclosure request, an incorporated administrative agency, etc. must make a decision to that effect, and notify the disclosure requester to that effect and of matters designated by Cabinet Order relating to the implementation of disclosure in writing.
(2)When not disclosing any of the corporate documents pertaining to a disclosure request (including when refusing a disclosure request pursuant to the provisions of the preceding Article and when corporate documents pertaining to a disclosure request are not held), an incorporated administrative agency, etc. must make a decision to the effect of non-disclosure and notify the disclosure requester to that effect in writing.
(Due Date for Disclosure Decisions)
Article 10(1)The decisions set forth in the respective items of the preceding Article (hereinafter referred to as "disclosure decisions, etc.") must be made within thirty days from the date of the disclosure request; provided, however, that in the case where a correction is requested pursuant to the provisions of Article 4, paragraph (2), the number of days required for the correction is not to be included in this period of time.
(2)Notwithstanding the provisions of the preceding paragraph, when there are reasonable grounds, such as difficulties arising from the processing of affairs, an incorporated administrative agency, etc. may extend the period of time prescribed in the same paragraph for up to thirty days. In this case, an incorporated administrative agency, etc. must 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)
Article 11In the case that there is a considerably large amount of corporate 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 the documents within sixty days from the date of the disclosure request, notwithstanding the provisions of the preceding Article, it would be sufficient for an incorporated administrative agency, etc. to make disclosure decisions, etc. for a reasonable portion of the corporate documents pertaining to a disclosure request within that period of time, and to make disclosure decisions, etc. for the remaining corporate documents within a reasonable period of time. In this case, an incorporated administrative agency, etc. must, 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 fact of applying this Article and the grounds for its application; and
(ii)the due date for making disclosure decisions, etc. for the remaining corporate documents.
(Transfer of a Case)
Article 12(1)An incorporated administrative agency, etc. may, when corporate documents pertaining to a disclosure request were prepared by another incorporated administrative agency, etc. or when there are reasonable grounds for another incorporated administrative agency, etc. to make disclosure decisions, etc., upon consulting with the other incorporated administrative agency, etc., transfer the case to the other incorporated administrative agency, etc. In this case, the incorporated administrative agency, etc. that has transferred the case must notify the disclosure requester in writing to the effect that the case was transferred.
(2)When a case has been transferred pursuant to the provisions of the preceding paragraph, the incorporated administrative agency, etc. that has received the transfer must make the disclosure decisions, etc. for the disclosure request. In this case, the acts conducted prior to transfer by the incorporated administrative agency, etc. that has transferred the case are deemed to be those conducted by the incorporated administrative agency, etc. that has received the transfer.
(3)In the case referred to in the preceding paragraph, when the incorporated administrative agency, etc. that has received the transfer makes a decision set forth in Article 9, paragraph (1) (hereinafter referred to as a "disclosure decision"), the incorporated administrative agency, etc. must implement the disclosure. In this case, the incorporated administrative agency, etc. that has transferred the case must cooperate as necessary in the implementation of that disclosure.
(Transfer of a Case to the Head of an Administrative Organ)
Article 13(1)In the following cases, an incorporated administrative agency, etc. may, upon consulting with the head of an administrative organ (meaning the head of an administrative organ prescribed in Article 3 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"); hereinafter the same applies in this Article), transfer the case to the head of the administrative organ. In this case, the incorporated administrative agency, etc. that has transferred the case must notify the disclosure requester in writing to the effect that the case was transferred:
(i)when the incorporated administrative agency, etc. finds that the disclosure of the information recorded in the corporate documents pertaining to a disclosure request 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;
(ii)when the incorporated administrative agency, etc. finds that the disclosure of the information recorded in the corporate documents pertaining to a disclosure request is likely to cause impediments to prevention, suppression or investigation of crimes, and other matters concerning maintenance of public safety and public order;
(iii)when the corporate documents pertaining to a disclosure request have been prepared by an administrative organ (meaning the administrative organ prescribed in Article 2, paragraph (1) of the Administrative Organs Information Disclosure Act; the same applies in the following paragraph); and
(iv)when there are reasonable grounds for the head of the administrative organ to make a disclosure decision prescribed in Article 10, paragraph (1) of the Administrative Organs Information Disclosure Act.
(2)When a case has been transferred pursuant to the provisions of the preceding paragraph, the provisions of the Administrative Organs Information Disclosure Act are applied to the transferred case by deeming the corporate documents to be the administrative documents prescribed in Article 2, paragraph (2) of the Administrative Organs Information Disclosure Act, held by the administrative organ that received the transfer and deeming the disclosure request to be the disclosure request prescribed in Article 4, paragraph (1) of the Administrative Organs Information Disclosure Act that is made to the head of the administrative organ that received the transfer. In this case, "Article 4, paragraph (2)" in Article 10, paragraph (1) of the Administrative Organs Information Disclosure Act is deemed to be replaced with "Article 4, paragraph (2) of the Incorporated Administrative Agencies Information Disclosure Act"; and the terms "the person who makes a disclosure request or the person who obtains the disclosure of administrative documents," "pay...respectively" and "a fee pertaining to the disclosure request...or a fee pertaining to the implementation of disclosure" in Article 16 paragraph (1) of the Administrative Organs Information Disclosure Act are deemed to be replaced respectively with "the person who obtains the disclosure of administrative documents," "pay" and "a fee pertaining to the implementation of disclosure."
(3)When a case has been transferred pursuant to the provisions of paragraph (1) and the head of an administrative agency who has received the transfer implements the disclosure, the incorporated administrative agency, etc. that has transferred the case must cooperate as necessary in the implementation of the disclosure.
(Granting a Third Party an Opportunity to Submit a Written Opinion)
Article 14(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, paragraph (2), and Article 20) is recorded in the corporate documents pertaining to a disclosure request, an incorporated administrative agency, etc., when making disclosure decisions, etc., may notify the third party pertaining to the information of the indication of the corporate documents pertaining to the disclosure request and other matters designated by Cabinet Order, and may grant them an opportunity to submit a written opinion.
(2)In the cases that fall under any of the following items, before making a disclosure decision, an incorporated administrative agency, etc. must notify the third party in writing of the indication of the corporate documents pertaining to the disclosure request and other matters designated by Cabinet Order, and must grant them an opportunity to submit a written opinion; provided, however, that this does not apply to cases where the third party's location is unknown:
(i)when the corporate documents in which information concerning a third party is recorded are to be disclosed, and when it is found that the information falls under the information prescribed in Article 5, item (i), (b) or in the proviso of item (ii) of the same Article; and
(ii)when the corporate documents in which information concerning a third party is recorded are to be disclosed pursuant to the provisions 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 corporate documents concerned, the incorporated administrative agency, etc., when making a disclosure decision, must allow at least two weeks between the day of the disclosure decision and the day that the disclosure will be implemented. In this case, upon making the disclosure decision, the incorporated administrative agency, etc. must immediately notify the third party who submitted the written opinion (referred to as a "written opposition opinion" in Article 19) in writing to the effect that the disclosure decision was made, the grounds for its decision, and the date of implementation of the disclosure.
(Implementation of Disclosure)
Article 15(1)The disclosure of corporate documents is implemented by inspection or by the delivery of copies for documents or pictures, and for electronic or magnetic records, by methods designated by Cabinet Order by taking into consideration such matters as the type of the record and the state of development of information technology; provided, however, that when disclosure of a corporate document is to be implemented by the inspection method, if an incorporated administrative agency, etc. finds that the inspection is likely to hinder the preservation of corporate documents, or when there are other reasonable grounds, a copy of the documents or pictures may be provided for inspection.
(2)An incorporated administrative agency, etc. must establish rules regarding the methods of disclosure for electronic or magnetic records under the provisions of the preceding paragraph by taking into consideration the provisions of Cabinet Order under the provisions of Article 14, paragraph (1) of the Administrative Organs Information Disclosure Act and make the rules available for public inspection.
(3)The person who will obtain disclosure of corporate documents based upon a disclosure decision, must report their desired method of implementation of disclosure and other matters designated by Cabinet Order to the incorporated administrative agency, etc. that has made the disclosure decision, pursuant to the provisions of Cabinet Order.
(4)The report pursuant to the provisions of the preceding paragraph must be made within thirty days from the date of the notification prescribed in Article 9, paragraph (1); provided, however, that this does not apply when there are reasonable grounds for being unable to make the report within this period of time.
(5)The person who has obtained disclosure of corporate documents based upon a disclosure decision may, within thirty days from the date of obtaining the first disclosure, report to the incorporated administrative agency, etc. about the intention to obtain further disclosure. In this case, the proviso of the preceding paragraph applies mutatis mutandis.
(Coordination with Disclosure Implemented by Other Laws and Regulations)
Article 16(1)In the case that, pursuant to the provisions of other laws and regulations, corporate 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 provisions of the main clause of the same paragraph, the incorporated administrative agency, etc. does not disclose those corporate documents by that same method; provided, however, that this does not apply when there is a provision in other laws and regulations to the effect that disclosure is not to be implemented in certain cases.
(2)When the disclosure method designated by the provisions of other laws and regulations is public inspection, the preceding paragraph is applied by deeming the public inspection to be the inspection set forth in the main clause of paragraph (1) of the preceding Article.
(Fees)
Article 17(1)The person who makes a disclosure request or the person who obtains the disclosure of corporate documents must, as designated by an incorporated administrative agency, etc., pay a fee pertaining to the disclosure request or a fee pertaining to the implementation of disclosure, respectively.
(2)The amount of the fee set forth in the preceding paragraph is designated by an incorporated administrative agency, etc. within the scope of actual costs by taking into consideration the amount of the fee referred to in Article 16, paragraph (1) of the Administrative Organs Information Disclosure Act.
(3)An incorporated administrative agency, etc. may, when it finds that there is economic hardship or other special grounds, grant a reduction of or an exemption from the fee set forth in paragraph (1), as designated by an incorporated administrative agency, etc. by taking into consideration the provisions of Cabinet Order referred to in Article 16, paragraph (3) of the Administrative Organs Information Disclosure Act.
(4)An incorporated administrative agency, etc. must make what is designated thereby pursuant to the provisions of the preceding three paragraphs available for public inspection.
Chapter III Request for Review
(Request for Review and Exclusion from Application of Provisions Concerning Review Proceedings by Review Officers)
Article 18(1)A person who is dissatisfied with a disclosure decision, etc. or any inaction related to a disclosure request may file a request for review with an incorporated administrative agency, etc.
(2)The provisions of Article 9, Article 17, Article 24, Chapter II, Section 3, and Article 50, paragraph (2) of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply to a request for review of a disclosure decision, etc. or of any inaction related to a disclosure request.
(3)With regard to the application of the provisions in Chapter II of the Administrative Complaint Review Act to a request for review of a disclosure decision, etc. or to any inaction related to a disclosure request, the wording "a person who has been designated pursuant to the provisions of Article 9, paragraph (1) (referred to as a "review officer")" in Article 11, paragraph (2) of the same Act is deemed to be replaced with "an administrative agency to which a request for review has been filed pursuant to the provisions in Article 4 (including an administrative agency that has taken over documents and articles pursuant to the provisions in Article 14; hereinafter referred to as a "reviewing agency")"; the term "review officer" in Article 13, paragraphs (1) and (2) of the same Act is deemed to be replaced with "reviewing agency"; the wording "has been filed or a written opinion to suggest the necessity to order a stay of execution as prescribed in Article 40 has been submitted by a review officer" in Article 25, paragraph (7) of the same Act is deemed to be replaced with "has been filed"; the wording "Administrative Complaint Review Board, etc." in Article 44 of the same Act is deemed to be replaced with "Information Disclosure and Personal Information Protection Review Board"; in the same Article, the wording "has received a report to its consultation from the Administrative Complaint Review Board, etc. (or when a review officer's written opinion has been submitted in the case where the consultation pursuant to the provisions of paragraph (1) of the preceding Article is not necessary (excluding the cases falling under item (ii) or (iii) of the relevant paragraph), or when deliberations prescribed in item (ii) or (iii) of the relevant paragraph have been held in the cases falling under item (ii) or (iii) of the relevant paragraph)" is deemed to be replaced with "has received a report to its consultation from the Administrative Complaint Review Board, etc."; and the wording "the review officer's written opinion or the written report from the Administrative Complaint Review Board, etc. or the Council, etc." in Article 50, paragraph (1), item (iv) of the same Act is deemed to be replaced with "the Information Disclosure and Personal Information Protection Review Board."
(Consulting the Information Disclosure and Personal Information Protection Review Board)
Article 19(1)When there is a request for review of a disclosure decision, etc. or of any inaction related to a disclosure request, an incorporated administrative agency, etc., except in the cases that fall under any of the following items, must consult the Information Disclosure and Personal Information Protection Review Board:
(i)if the request for review is unlawful and is to be dismissed; and
(ii)if the whole request for review is upheld by an administrative determination, and it is determined that all the corporate documents pertaining to the request for review are to be disclosed (excluding the cases in which a written opposition opinion regarding the disclosure of the corporate documents has been submitted).
(2)An incorporated administrative agency, etc. that has made a consultation pursuant to the provisions of the preceding paragraph must notify the following persons to the effect that a consultation was made:
(i)the requestor for review and intervenor (meaning the intervenor prescribed in Article 13, paragraph (4) of the Administrative Complaint Review Act; hereinafter the same applies in this paragraph and item (ii) of the following Article);
(ii)the disclosure requester (except when the person is the requestor for review or an intervenor); and
(iii)a third party who has submitted a written opposition opinion regarding the disclosure of the corporate documents pertaining to the request for review (excluding the cases in which the third party is the requestor for review or an intervenor).
(Procedures in the Case that a Request for Review from a Third Party is Dismissed)
Article 20The provisions of Article 14, paragraph (3), apply mutatis mutandis to the cases in which the administrative determination falls under any of the following items:
(i)an administrative determination to dismiss the request for review from a third party against a disclosure decision with or without prejudice;
(ii)an administrative determination to alter the disclosure decision, etc. (excluding a decision to disclose all the corporate documents pertaining to a disclosure request) pertaining to a request for review, and to disclose the corporate documents pertaining to that request for review (limited to the case in which an intervenor who is a third party has manifested the intention to oppose the disclosure of the corporate documents).
(Special Provisions for the Transfer of Lawsuits)
Article 21(1)In cases where a lawsuit demanding the rescission of a disclosure decision, etc. or the rescission of an administrative determination regarding a request for review of a disclosure decision, etc. or of any inaction related to a disclosure request (referred to as an "information disclosure lawsuit" in the following paragraph and in Article 2 of the Supplementary Provisions) is brought to the specified court with jurisdiction prescribed in the provisions of Article 12, paragraph (4) of the Administrative Case Litigation Act (Act No. 139 of 1962), if, notwithstanding the provisions of Article 12, paragraph (5) of the same Act, an action for judicial review (meaning an action for judicial review prescribed in Article 3, paragraph (1) in the same Act; the same applies in the following paragraph) on a disclosure decision etc. or on an administrative determination regarding a request for review of a disclosure decision etc. or of any inaction related to a disclosure request with regard to the same, the same type of or similar corporate documents is pending in another court, the specified court with jurisdiction may, when it finds it reasonable in consideration of the address or location of the party, the address of a witness who is to be examined, commonality of the points at issue or the evidence, and other circumstances, transfer the whole lawsuit or a part of the lawsuit to that other court or a court prescribed in Article 12, paragraphs (1) through (3) of the same Act, in response to a request or by its authority.
(2)The provisions of the preceding paragraph apply mutatis mutandis to the cases where an action for judicial review on a disclosure decision etc. or on an administrative determination regarding a request for review of the disclosure decision etc. or any inaction related to the disclosure request, other than an information disclosure lawsuit, is brought to the specified court with jurisdiction prescribed in Article 12, paragraph (4) of the Administrative Case Litigation Act pursuant to the provisions of the same paragraph.
Chapter IV Provision of Information
Article 22(1)An incorporated administrative agency, etc., pursuant to the provisions of Cabinet Order, is to prepare documents, pictures or electronic or magnetic records in which the following information that it holds and that is designated by Cabinet Order is recorded, and provide the information in a manner that is timely and easy for citizens to use:
(i)fundamental information concerning the organization, operations, and finance of the incorporated administrative agency, etc.;
(ii)information concerning evaluations and audits on the organization, operations, and finance of the incorporated administrative agency, etc.; and
(iii)fundamental information concerning a corporation whose capital injection or contribution has been made by the incorporated administrative agency, etc. or any other corporation designated by Cabinet Order.
(2)Beyond what is provided for in the preceding paragraph, an incorporated administrative agency, etc. is to endeavor to enhance measures concerning the provision of information that it holds in order to deepen citizens' understanding of its various activities.
Chapter V Auxiliary Provisions
(Provision of Information to a Person who Intends to Make a Disclosure Request)
Article 23(1)In order to allow a person who intends to make a disclosure request to easily and appropriately make the request, an incorporated administrative agency, etc. is to provide information that contributes to specifying the corporate documents held by the incorporated administrative agency, etc. and take other appropriate measures that take into account the convenience of the person intending to make the disclosure request, beyond what is provided for in Article 11, paragraph (3) of the Public Records and Archives Management Act.
(2)The Minister of Internal Affairs and Communications is to establish comprehensive information centers concerning disclosure requests for ensuring the smooth implementation of this Act.
(Public Announcement of the State of Enforcement)
Article 24(1)The Minister of Internal Affairs and Communications may ask for a report on the state of enforcement of this Act from incorporated administrative agencies, etc.
(2)Every fiscal year, the Minister of Internal Affairs and Communications is to compile the reports set forth in the preceding paragraph, and publicly announce an outline thereof.
(Delegation to Cabinet Order)
Article 25Beyond what is provided for in this Act, Cabinet Order prescribes necessary matters concerning implementation of this Act.
Supplementary Provisions [Extract]
(Effective Date)
Article 1This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions of Article 8 of the Supplementary Provisions come into effect as of the date of promulgation of this Act or the date of promulgation of the Act Partially Amending the Act on Facilitating Research and Development in Basic Technology (Act No. 60 of 2001), whichever comes later.
(Review)
Article 2The government is to review the state of enforcement of this Act and the manner of jurisdiction for information disclosure lawsuits in light of the status of the review referred to in paragraph (2) of the Supplementary Provisions of the Administrative Organs Information Disclosure Act, and take necessary measures based upon the review results.
Appended Table 1 (Re.: Article 2)
Name
Governing law
Okinawa Institute of Science and Technology Graduate University
Act on the Okinawa Institute of Science and Technology Graduate University (Act No. 76 of 2009)
The Okinawa Development Finance Corporation
Organization for Technical Intern Training
Japan Bank for International Cooperation
Act on the Japan Bank for International Cooperation (Act No. 39 of 2011)
Japan Finance Corporation
Japan Finance Corporation Act (Act No. 57 of 2007)
Nippon Export and Investment Insurance
Japan Financial Literacy and Education Corporation
Act on Provision of Financial Services and the Development of the Accessible Environment Thereto (provisional English law title)
Nuclear Damage Compensation and Decommissioning Facilitation Corporation
Act on the Nuclear Damage Compensation and Decommissioning Facilitation Corporation (Act No. 94 of 2011)
The Institute for Health Security (provisional translation by the Ministry of Health, Labour and Welfare)
Act for the Institute for Health Security (provisional translation by the Ministry of Health, Labour and Welfare) (Act No. 46 of 2023)
National university corporation
New Kansai International Airport Company, Ltd
Act on the Integral and Efficient Establishment and Management of Kansai International Airport and Osaka International Airport (Act No. 54 of 2011)
Inter-university research institute
The GX Promotion Organization
GX Promotion Act(Act No. 32 of2023)
Bank of Japan
Bank of Japan Act (Act No. 89 of 1997)
Japan Legal Support Center
Comprehensive Legal Support Act (Act No. 74 of 2004)
The Promotion and Mutual Aid Corporation for Private Schools of Japan
Japan Racing Association
Japan Racing Association Act (Act No. 205 of 1954)
Japan Pension Service
Japan Pension Service Act (Act No. 109 of 2007)
Agricultural and Fishery Co-operative Savings Insurance Corporation
Fukushima Institute for Research, Education and Innovation
The Open University of Japan
Deposit Insurance Corporation of Japan
Deposit Insurance Act (Act No. 34 of 1971)
Appended Table 2 (Re.: Article 2)
New Kansai International Airport Company, Ltd
(i) Operations for the business referred to in Article 9, paragraph (1) of the Act on the Integral and Efficient Establishment and Management of Kansai International Airport and Osaka International Airport (hereinafter referred to as the "Establishment and Management Act" in this row), which pertain to Kansai International Airport and fall under any of the following:
(a) Operations for the business of establishment of Kansai International Airport and the facilities prescribed in Article 9, paragraph (1), item (ii) of the Establishment and Management Act (excluding establishment regarding the construction of these) and management of the same
(b) Operations for the business of management of the facilities specified by Cabinet Order as referred to in Article 9, paragraph (1), item (iii) of the Establishment and Management Act and the facilities prescribed in item (vi) of the same paragraph
(c) Operations for the business incidental to the business prescribed in (a) or (b)
(ii) Operations for the business referred to in Article 9, paragraph (1) of the Establishment and Management Act which pertain to Osaka International Airport
(iii) Operations for the business prescribed in Article 9, paragraph (2) of the Establishment and Management Act
The Promotion and Mutual Aid Corporation for Private Schools of Japan
(i) Operations set forth in Article 23, paragraph (1) items (vi) through (ix) of the Act on the Promotion and Mutual Aid Corporation for Private Schools of Japan (hereinafter referred to as the "Corporation Act")
(ii) Operations prescribed in Article 23, paragraph (2) of the Corporation Act
(iii) Operations set forth in Article 23, paragraph (3), items (i) and (ii) of the Corporation Act