The Act on Access to Information Held by Administrative Organs creates a statutory route for requesting disclosure of Administrative Documents held by national Administrative Organs. Article 3 gives any person the right to make a Disclosure Request, and Articles 4 through 17 set the request form, disclosure decision rules, deadlines, transfer rules, third-party opinion procedures, implementation methods, and fees. A person preparing a request, reviewing a refusal notice, or checking the statutory route after a Disclosure Decision, etc. consults this Act to identify the article that governs each procedural step. This article covers the main provisions of Articles 1 through 26, verified on e-Gov Law Search, and does not cover local government disclosure ordinances or individual litigation strategy.
Administrative Documents and the Request Form
The Act starts by defining the records and institutions to which the request procedure attaches. Article 1 states the purpose of establishing a right to request disclosure of Administrative Documents, and Article 2 defines both Administrative Organs and Administrative Documents for the Act.
Article 2(1) lists the national bodies treated as Administrative Organs. The list includes organs established in the Cabinet by law, organs under Cabinet jurisdiction, the Cabinet Office, the Imperial Household Agency, organs under the Cabinet Office Establishment Act and the National Government Organization Act, specified facilities and special organs designated by Cabinet Order, and the Board of Audit. Article 2(2) defines an Administrative Document as a document, drawing, or electronic or magnetic record made or obtained by an officer of an Administrative Organ in the course of duties, organizationally used by officers of that Administrative Organ, and held by that Administrative Organ.
Article 2(2) also excludes three categories from the definition. The exclusions are publications issued for sale to an unspecified large number of persons, specified historical public records under the Public Records and Archives Management Act, and materials specially managed as historical, cultural, or academic research materials in facilities designated by Cabinet Order. Article 4 then turns the right in Article 3 into a filing rule: the Disclosure Request must be made by submitting a written Disclosure Request Form stating the requester's name or name of organization, address or residence, representative's name for a corporation or other organization, and matters sufficient to identify the requested Administrative Document.
Disclosure Duties and Non-Disclosure Information
The Act uses Article 5 as the central rule for deciding whether the requested document must be disclosed. The head of an Administrative Organ must disclose the Administrative Document unless the requested document records one of the categories of Non-Disclosure Information listed in Article 5.
Article 5, item (i) covers information concerning an individual that can identify a specific individual, or that may harm personal rights and interests if made public even where a specific individual cannot be identified. The same item excludes information made public by law or practice, information that is necessary to make public to protect life, health, livelihood, or property, and specified information concerning public officers' duties. Item (i)-2 covers anonymized personal information held by Administrative Organs and deleted descriptions or individual identification codes used to create it under the Act on the Protection of Personal Information.
Article 5, items (ii) through (vi) cover other categories. These include certain information concerning corporations or business operators, national security and foreign relations information, public safety and public order information, internal deliberation or consultation information of national or local bodies and related entities, and information concerning administrative affairs or business where disclosure would risk hindering proper execution. Article 6 provides for Partial Disclosure when Non-Disclosure Information can be easily separated and removed, Article 7 allows discretionary disclosure on public interest grounds except for Article 5, item (i)-2 information, and Article 8 allows refusal without confirming existence if merely answering whether the document exists would disclose Non-Disclosure Information.
Decisions, Deadlines, Transfers, and Third Parties
After a Disclosure Request is filed, the Act assigns a sequence of decision and notice rules to the head of the Administrative Organ. Article 9 distinguishes between a decision to disclose all or part of the document and a decision not to disclose the whole document.
Article 9(1) requires a written notice when all or part of the requested Administrative Document will be disclosed, including matters concerning implementation of disclosure as prescribed by Cabinet Order. Article 9(2) requires a written notice when the whole document will not be disclosed, including cases where the request is refused under Article 8 and cases where the Administrative Organ does not hold the requested Administrative Document. Article 10(1) sets a thirty-day deadline from the date of the Disclosure Request for a Disclosure Decision, etc.; days spent correcting a formal deficiency under Article 4(2) are not included. Article 10(2) allows an extension of up to thirty days for difficulty in processing or another proper reason, with written notice of the extended period and reason.
Article 11 creates a special rule for exceptionally large requests: where making Disclosure Decisions, etc. for all requested documents within sixty days would substantially hinder administrative work, the head of the Administrative Organ may decide a reasonable part within that period and decide the rest within a reasonable period, while notifying the requester of the application of Article 11, its reason, and the deadline for the remaining documents. Articles 12 and 12-2 allow transfer to another Administrative Organ or to an Incorporated Administrative Agency, etc. where the other body has a proper reason to make the decision. Article 13 gives third parties a chance to submit an opinion in specified cases and requires a two-week interval before implementation when a third party has submitted an opposing opinion and disclosure is still decided.
Implementing Disclosure, Fees, and Delegation
The decision to disclose a document is not the final mechanical step in the Act. Articles 14 through 17 address implementation methods, coordination with other disclosure systems, fees, and delegation of Chapter II authority or duties.
Article 14(1) provides that disclosure of documents and drawings is made by inspection or by providing copies. For electronic or magnetic records, the method is prescribed by Cabinet Order after considering the type of record and the progress of information technology. The proviso to Article 14(1) allows disclosure by copy instead of inspection where inspection would risk harming preservation of the Administrative Document or where another proper reason exists. Article 14(2) requires the person receiving disclosure under a Disclosure Decision to request the implementation method and other Cabinet Order matters from the head of the Administrative Organ that made the decision.
Article 14(3) sets a thirty-day period from the Article 9(1) notice for the implementation-method request, unless there is a proper reason why the request could not be made within that period. Article 14(4) allows a person who received disclosure under a Disclosure Decision to request further disclosure within thirty days from the first day of disclosure, with the same proviso applied by mutatis mutandis. Article 15 coordinates the Act with disclosure available under other laws, and Article 16 requires payment of fees for the Disclosure Request and the implementation of disclosure in amounts prescribed by Cabinet Order within actual cost. Article 16(3) allows reduction or exemption of fees where the head of the Administrative Organ recognizes economic difficulty or another special reason, as prescribed by Cabinet Order. Article 17 allows the head of an Administrative Organ to delegate the authority or duties provided in Chapter II to officers of that Administrative Organ as prescribed by Cabinet Order, or by an order of the relevant organ for organs under Cabinet jurisdiction and the Board of Audit.
Review, Guidance Offices, and Local Information Measures
Chapter III and Chapter IV address what happens around the disclosure system after the initial request and decision rules. Articles 18 through 21 concern Requests for Administrative Review and litigation-related transfer rules, while Articles 22 through 26 concern support for identifying documents, publication of implementation status, proactive information provision, local government information disclosure, and Cabinet Order delegation.
Article 18 modifies the application of the Administrative Complaint Review Act for Requests for Administrative Review concerning Disclosure Decisions, etc. or inaction on a Disclosure Request. Article 19 requires the head of the Administrative Organ that should make the determination on the Request for Administrative Review to consult the Information Disclosure and Personal Information Protection Review Board, except where the request is dismissed as unlawful or where the determination fully accepts the request and discloses all documents, excluding cases with an opposing opinion from a third party. Article 20 applies the third-party interval and notice rule in Article 13(3) to specified determinations involving third-party challenges or changes that result in disclosure. Article 21 provides a special transfer rule for lawsuits seeking revocation of Disclosure Decisions, etc. or revocation of determinations on Requests for Administrative Review, by modifying the operation of Article 12(5) of the Administrative Case Litigation Act when a related case is pending in another court.
Article 22 requires the head of an Administrative Organ to take appropriate measures that consider the convenience of a person intending to make a Disclosure Request, including information that helps identify Administrative Documents, in addition to the materials prescribed in Article 7(2) of the Public Records and Archives Management Act. Article 22(2) requires the Minister for Internal Affairs and Communications to establish a general information office for Disclosure Requests. Article 23 allows the Minister to request reports on implementation status from heads of Administrative Organs and requires annual publication of the summarized reports. Article 24 requires the Government to make efforts to enhance measures for providing information held by Administrative Organs, Article 25 requires Local Governments to make efforts to formulate and implement necessary measures concerning disclosure of information they hold, and Article 26 delegates necessary implementation matters to Cabinet Order.