Basic Act on the Formation of a Digital Society(Act No. 35 of 2021)
Last Version:
目次
履歴

  • 令和5年3月30日
    • 最終更新:
    • 翻訳日:令和5年3月31日
    • 辞書バージョン:15.0

Basic Act on the Formation of a Digital Society (Any data that the title of a law indicates to be a "Tentative translation" has not yet been proofread or corrected by a native English speaker or legal translation expert; this data may be revised in the future.Tentative translation)
Act No. 35 of May 19, 2021
Table of Contents
Chapter I General Provisions (Articles 1 and 2)
Chapter II Basic Principles (Articles 3 to 12)
Chapter III Responsibilities, etc. of the National Government, Local Governments and Business Operators (Articles 13 to 19)
Chapter IV Basic Policy on Development of Strategies (Articles 20 to 35)
Chapter V The Digital Agency (Article 36)
Chapter VI Priority Policy Program on the Formation of a Digital Society (Articles 37 and 38)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1In consideration of the fact that formation of a digital society contributes to the reinforcement of the international competitiveness of Japan and improvement of the convenience of its citizens, and is extremely important for the response to the rapid declining birth rate and aging population and the solution of other problems faced by Japan, the purpose of this Act is to swiftly and thoroughly pursue strategies for the formation of a digital society by way of providing basic principles and basic policies for the development of strategies, determining the responsibilities of the national government, local governments, and business operators, establishing the Digital Agency, and providing for the development of a priority policy program on the formation of a digital society with respect to the formation of a digital society, and thereby contribute to realization of the sustainable and sound development of the Japanese economy and happy lives for the citizens.
(Definitions)
Article 2The term "digital society" as used in this Act means a society in which creative and vigorous development is enabled in all fields by obtaining, sharing or transmitting globally a wide variety of information or knowledge in a free and safe manner via the Internet and other advanced information and telecommunications networks and by using information and telecommunications technologies, including the artificial intelligence-related technology provided for in Article 2, paragraph (2) of the Basic Act on the Advancement of Public and Private Sector Data Utilization (Act No. 103 of 2016), the Internet of things utilization-related technology provided for in paragraph (3) of the same Article, the cloud computing service-related technology provided for in paragraph (4) of the same Article, and other advanced technologies that enable higher data processing throughput as compared to the conventional throughput (hereinafter referred to as "information and telecommunications technologies"), to appropriately and effectively utilize the wide variety and large amount of information recorded as an electronic or magnetic record (meaning a record created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies to Article 30) (hereinafter referred to as the "utilization of information using information and telecommunications technologies").
Chapter II Basic Principles
(Realization of a Society that Allows Every Citizen to Enjoy the Benefits of Information and Telecommunications Technologies)
Article 3The formation of a digital society must be done for the purpose of achieving a society where all citizens easily and independently use advanced information and telecommunications networks and engage in the utilization of information using information and telecommunications technologies, in order to participate in all activities in a digital society, which enables them to fully and creatively use their abilities, and thereby they can enjoy the extensive benefits of information and telecommunications technologies.
(Promotion of Economic Structural Reforms and Reinforcement of International Industrial Competitiveness)
Article 4The formation of a digital society must bring about the promotion of economic activities, improvement in the management efficiency of small and medium enterprise operators and other business operators, the upgrading of businesses and improvements in their productivity, the creation of diverse businesses, and increased diverse employment opportunities and other opportunities for workers to effectively exercise their abilities with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, and thereby contribute to pursuing economic structural reforms and reinforcing international industrial competitiveness.
(Realizing Comfortable and Affluent Lifestyle for Citizens)
Article 5The formation of a digital society must improve the convenience of everyday life, promote a diversification of lifestyle and expand the opportunities for consumers to make independent and rational choices by increasing the value of diverse services in all aspects of citizens' lives as well as generating that new value from the perspective of the citizens with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, thereby contributing to the realization of comfortable and affluent lifestyle for citizens.
(Realization of Vital Local Communities, etc.)
Article 6The formation of a digital society must contribute to creating unique and vital local communities, ensuring the sustainability of the local communities, and improving the welfare of the local residents through the enrichment of lifestyle and enhancement of convenience by way of stimulating local economies, creating attractive and diverse local employment opportunities, and increasing the variety of opportunities for exchange within and between communities with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies.
(Realization of a Society in which the Citizens are Able to Live Safely and Free of Anxiety)
Article 7The formation of a digital society must prevent the occurrence of damage or alleviate damage by responding swiftly and appropriately to the occurrence of a large-scale disaster, the spread of an infectious disease, or any other situation in which serious damage to the lives, bodies or properties of citizens has occurred or is likely to occur, thereby contributing to the realization of a society in which the citizens are able to live safely and free of anxiety with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies.
(Reduction of Disparity in Opportunities of Use, etc.)
Article 8In the formation of a digital society, actions must be taken steadily to reduce the disparity in the opportunities and necessary ability for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies derived from geographical constraints, age, physical condition such as the presence or absence of a disability, economic situations, and other factors in consideration of the possibility that these disparities may severely hamper smooth and integrated formation of the digital society.
(Division of Roles among the Government of Japan, Local Public Entities and the Private Sector)
Article 9In the formation of a digital society, the private sector is to play the leading role in principle, and the national and local governments are to actively utilize the knowledge of the private sector to eliminate factors impeding the formation of the digital society, including encouraging fair competition or amending regulations, or to implement other strategies centered on creating an environment more conducive to enabling the private sector to exert its full vitality and creating an environment to improve convenience for citizens, to improve simplicity, efficiency and transparency of administrative operations, and to secure fare benefits and burdens in public services (meaning the public services provided for in Article 2 of the Basic Act on Public Services (Act No. 40 of 2009); the same applies to Article 29).
(Protection of the Rights and Interests of Individuals and Corporations, etc.)
Article 10In the formation of a digital society, the rights and interests of individuals and corporations, national security, etc. must be kept from being damaged with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, and the free and safe circulation of reliable information must be ensured with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies.
(Dealing with the Progress of Information and Telecommunications Technologies)
Article 11In the formation of a digital society, actions must be taken appropriately and actively regarding the progress of information and telecommunications technologies.
(Dealing with New Problems Arising from the Changes in Socio-Economic Structures)
Article 12In the formation of a digital society, actions must be taken appropriately and actively to address any new issues in employment or other fields arising from changes in socio-economic structures as a result of the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies.
Chapter III Responsibilities, etc. of the Government of Japan, Local Governments and Business Operators
(Responsibilities of the Nationaland Local GovernmentsEntities)
Article 13The national government has the responsibility to develop and execute strategies for the formation of a digital society in accordance with the basic principles on the formation of a digital society prescribed in the preceding chapter (hereinafter referred to as the "basic principles").
Article 14Local governments have the responsibility to develop and execute the autonomous strategies for the formation of a digital society that reflect the distinctive features of their own areas in accordance with the basic principles and on the basis of an appropriate division of roles with the national government.
Article 15The national government and local governments must cooperate with each other to ensure that the strategies for the formation of a digital society are swiftly and thoroughly executed.
(Responsibilities of Business Operators)
Article 16Business operators are, in accordance with the basic principles, to voluntarily and actively endeavor to advance the formation of a digital society in relation to their own business activities and cooperate for measures for the formation of a digital society implemented by the national or local governments.
(Legislative Measures, etc.)
Article 17The government must implement legislative, financial and other measures necessary to execute strategies to form a digital society.
(Preparation and Publication of Statistical and Other Materials)
Article 18The government must prepare statistics on a digital society and other materials helpful to the formation of a digital society and release them by using the Internet or other appropriate means as needed.
(Measures for Deepening the Understanding of Citizens, etc.)
Article 19The government must implement necessary measures to deepen the understanding of the citizens concerning the formation of a digital society through publicity activities, etc., and to ensure that the opinions of the citizens are broadly reflected in the development and execution of strategies concerning the formation of a digital society.
Chapter IV Basic Policy on Development of Strategies
(Integrated Promotion of Strategies)
Article 20In the development of strategies to form a digital society, considering that it is essential to make further expansion of advanced information and telecommunications networks, to ensure the smooth circulation of information by diverse actors, to enrich the information that can be used by diverse actors, to ensure the opportunities and promote the learning of the skills necessary for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies, and also considering that they are closely linked with each other, they must be pursued in an integrated manner.
(Formation of World-Class Advanced Information and Telecommunications Networks)
Article 21In the development of strategies to form a digital society, the necessary measures, such as the measures to promote fair competition among business operators, must be taken to promote the formation of world-class, advanced information and telecommunications networks to ensure that the citizens can widely use diverse services at low prices.
(Ensuring the Smooth Circulation of Information by Diverse Actors)
Article 22In the development of strategies to form a digital society, the necessary measures for securing the smooth circulation of information by diverse actors must be taken, such as the development of information exchange systems (meaning information systems for ensuring that diverse actors can swiftly and safely send, receive, and share information using mutual coordination of the information systems those diverse actors have established), the standardization of data (meaning the standardization of data provided for in Article 4, paragraph (2), item (v), (a) of the Act on the Advancement of Government Administration Processes That Use Information and Communications Technology (Act No. 151 of 2002)), the development of external coordination functions (meaning the external coordination functions provided for in (b) of the same item) and provision of information concerning the specifications for the relevant external coordination functions.
(Ensuring of Opportunities for Use of Advanced information and Telecommunications Networks and Utilization of Information Using Information and Telecommunications Technologies)
Article 23In the development of strategies to form a digital society, the necessary measures for ensuring opportunities for all citizens must be taken to ensure that disparities in opportunities for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies do not occur, including promotion of the research, development and introduction of information and telecommunications equipment for ensuring opportunities to acquire and use information.
(Promotion of Education and Learning)
Article 24In the development of strategies to form a digital society, the necessary measures for promoting education and learning must be taken so that all citizens can improve abilities to ensure that disparities in the abilities necessary for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies do not occur.
(Human Resource Development)
Article 25In the development of strategies to form a digital society, the necessary measures must be taken for the development of the human resources in charge of the education for improving the abilities of citizens necessary for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies, the human resources in charge of coordination of information systems established by diverse actors, the human resources in charge of gathering and analyzing the information necessary for utilization of information using information and telecommunications technologies, and other creative human resources with the technical knowledge or skills who will play leading roles in the development of the digital society.
(Promotion of Economic Activities)
Article 26In the development of strategies to form a digital society, the necessary measures must be taken to promote economic activities with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, including regulatory amendments taking into account the status of the progress of information and telecommunications technologies and the usefulness and necessity of protecting personal information, the development of the environment necessary for facilitation of transactions concerning the utilization of information using information and telecommunications technologies in all fields, and appropriate protection and use of intellectual property rights.
(Improvement in the Management Efficiency of Business Operators, the Upgrading of Businesses and Improvements in their Productivity)
Article 27In the development of strategies to form a digital society, the necessary measures must be taken to achieve improvement in the management efficiency of business operators, the upgrading of businesses and improvements in their productivity with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, including promotion of the sharing of information through the coordination of information systems established by diverse actors, and the development of guidelines concerning operation and management of information systems.
(Improvement of the Convenience of Everyday Life, etc.)
Article 28In the development of strategies to form a digital society, the necessary measures must be taken to improve the convenience of everyday life, promote a diversification of lifestyle and expand the opportunities for consumers to make independent and rational choices, including promotion of the development and provision of diverse services across all aspects of citizens' lives with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, assistance concerning work outside the place of business carried out using information and telecommunications technologies, and development of the environment necessary for protection and promotion of consumers' interests.
(Collaborative Use, etc. of the Information Systems of the National and Local Governments)
Article 29In the development of strategies to form a digital society, the necessary measures must be taken to actively promote use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies in the national and local governments, while consolidating and utilizing knowledge from inside and outside the administration in order to improve convenience for citizens in public services and contribute to the improvement of the simplicity, efficiency and transparency of administrative operations, including promotion of the collaborative use and consolidation of the information systems of the national and local governments (including development of an environment by the national government in order to ensure that all local governments can use services pertaining to the cloud computing service-related technology provided for in Article 2, paragraph (4) of the Basic Act on the Advancement of Public and Private Sector Data Utilization), and expansion of the scope of use of the Individual Number.
(Utilization by Citizens of Information Held by the National and Local Governments)
Article 30In the development of strategies to form a digital society, the necessary measures must be taken to ensure that citizens can easily utilize information that is useful for citizens' lives and held by the national and local governments, including recording as an electronic or magnetic record of the information stated in documents, etc. regarding the information held by the national and local governments and the publication of information recorded as an electronic or magnetic record which is provided for general use.
(Development, etc. of a Public Basic Information Database)
Article 31In the development of strategies to form a digital society, the necessary measures must be taken to develop and promote the use of a public basic information database (meaning an assembly of the information held by the national government, local governments and other public institutions and business operators in the public sector which is the basis for the processing of the large number of procedures deemed to be necessary in social life and business activities, and is systematically arranged in such a way that diverse actors can retrieve the relevant information by a computer under appropriate control; the same applies to Article 37, paragraph (2), item (xii)).
(Diversification and Quality Enhancement of Services in the Public Sector)
Article 32In the development of strategies to form a digital society, the necessary measures must be taken to diversify and enhance the quality of services in the public sector with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, in order to improve the convenience of citizens.
(Ensuring of Cybersecurity, etc.)
Article 33In the development of strategies to form a digital society, the necessary measures must be taken to ensure that citizens are able to engage in use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies free of anxiety, including the securing of cybersecurity (meaning the cybersecurity provided for in Article 2 of the Basic Act on Cybersecurity (Act No.104 of 2014); the same applies to Article 37, paragraph (2), item (xiv)), the prevention of crime using information and telecommunications technologies, the securing of the reliability of identity verification using information and telecommunications technologies, prevention of the alteration of information, disaster management of advanced information and telecommunications networks, and the protection of personal information.
(International Collaboration and Contribution)
Article 34In the development of strategies to form a digital society, the necessary measures to engage actively in international collaboration, such as active participation in the development of international standards, norms, etc., international coordination to promote investigations and research and development, and technical cooperation to developing regions, must be taken on socio-economic activities with the use of advanced information and telecommunications networks and the utilization of information using information and telecommunications technologies, in light of the importance of securing free and safe circulation of reliable information through advanced information and telecommunications networks.
(Promotion of Research and Development as well as Verification)
Article 35In the development of strategies to form a digital society, the necessary measures must be taken to pursue creative research and development of information and telecommunications technologies and verification of the effectiveness of the relevant information and telecommunications technologies, in close mutual coordination among the national government, local governments, national research and development agencies (meaning national research and development agencies provided for in Article 2, paragraph (3) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999)), universities, business operators, and other parties, considering that improvement of the level of information and telecommunications technologies is the foundation of the sustainable development of the digital society in Japan and a source of reinforcement of Japan's international industrial competitiveness.
Chapter V The Digital Agency
Article 36The Digital Agency shall be established in the Cabinet in accordance with the basic principles and pursuant to the separate provisions of laws, in order to assist, together with the Cabinet Secretariat, the affairs of the Cabinet concerning the formation of a digital society and to execute the administrative matters concerning the formation of a digital society swiftly and thoroughly.
Chapter VI Priority Policy Program on the Formation of a Digital Society
(Preparation, etc. of the Priority Policy Program on the Formation of a Digital Society)
Article 37(1)The government must develop a priority policy program on the formation of a digital society (hereinafter referred to as the "Priority Policy Program" in this chapter) as prescribed in this chapter.
(2)A Priority Policy Program is to provide for the matters listed below:
(i)basic policy on swift and thorough actions to be taken by the government to form a digital society;
(ii)swift and thorough action to be taken by the government to promote the formation of world-class advanced information and telecommunications networks;
(iii)swift and thorough action to be taken by the government to ensure the smooth circulation of information by diverse actors;
(iv)swift and thorough action to be taken by the government to ensure opportunities for use of advanced information and telecommunications networks and utilization of information using information and telecommunications technologies;
(v)swift and thorough action to be taken by the government to promote education and learning;
(vi)swift and thorough action to be taken by the government to develop human resources;
(vii)swift and thorough action to be taken by the government to promote economic activities;
(viii)swift and thorough action to be taken by the government to streamline the management of business operators, upgrade businesses and improve their productivity;
(ix)swift and thorough action to be taken by the government to improve the convenience of everyday life, etc.;
(x)swift and thorough action to be taken by the government for collaborative use, etc. of the information systems of the national and local governments;
(xi)swift and thorough action to be taken by the government for utilization by citizens of information held by the national and local governments;
(xii)swift and thorough action to be taken by the government for development, etc. of a public basic information database;
(xiii)swift and thorough action to be taken by the government to diversify and enhance the quality of services in the specified public sector (meaning the public sector for which particularly thorough initiatives should be taken to diversify and enhance the quality of services);
(xiv)swift and thorough action to be taken by the government to ensure cybersecurity, etc.;
(xv)beyond what is prescribed in the preceding items, any necessary actions to be taken by the government to swiftly and thoroughly pursue strategies to form a digital society
(3)Specific targets of the actions described in the priority policy program, as well as the time limits for achievement of the targets, are, in principle, to be decided.
(4)The Prime Minister must hear the opinions of the Cybersecurity Strategic Headquarters and the Personal Information Protection Commission before developing a draft of the priority policy program and asking for a cabinet decision.
(5)If the Prime Minister attempts to prescribe in the draft of the priority policy program any strategies which are thought likely to have a material impact on local governments, the Prime Minister must hear the opinions of the nationwide associations of prefecture governors, chairpersons of prefectural assemblies, mayors, chairpersons of municipal assemblies, town mayors or village mayors, and chairpersons of town or village assemblies (meaning the nationwide associations provided for in Article 263-3, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947) which are notified under the provisions of the same paragraph) regarding these strategies.
(6)When the government develops the priority policy program pursuant to the provisions of paragraph (1), the government must publish the relevant program, without delay, by using the Internet or other appropriate means.
(7)The government must investigate to what degree the targets set pursuant to the provisions of paragraph (3) are achieved and make timely publication of its results by using the Internet or other appropriate means.
(8)The provisions of paragraph (4) to paragraph (6) apply mutatis mutandis to alterations to the priority policy program.
(The Relationship between the Priority Policy Program and Other Programs of the national Government)
Article 38The programs of the national government other than the priority policy program shall be based on the Priority Policy Program with regards to the formation of a digital society.
Supplementary Provisions
(Effective Date)
Article 1This Act comes into effect from September 1, 2021.