The Basic Act on the Formation of a Digital Society sets the basic principles, responsibilities, policy fields, Digital Agency link, and priority policy program for forming a digital society. It is consulted when a reader needs the statutory definition of a "digital society," the principles that guide government digital policy, or the content that must appear in the priority policy program. This article explains those framework provisions as verified on e-Gov Law Search and Japanese Law Translation, but it does not evaluate any specific digital service, procurement project, or information system.

Digital Society as a Statutory Definition

The Act begins with a purpose clause and a definition. Article 1 explains what the Act is designed to organize, while Article 2 supplies the defined term that later provisions use.

Article 1 states that the Act provides basic principles and basic policies for developing strategies on the formation of a digital society. It also clarifies the responsibilities of the national government, local governments, and business operators, establishes the Digital Agency, and provides for developing a priority policy program on the formation of a digital society. The same article links those elements to swiftly and thoroughly pursuing strategies for the formation of a digital society and to contributing to the sustainable and sound development of the Japanese economy and happy lives for citizens.

Article 2 defines a "digital society" as a society in which creative and vigorous development is enabled in all fields by two connected mechanisms. First, a wide variety of information or knowledge is obtained, shared, or transmitted globally in a free and safe manner through the Internet and other advanced information and communications networks. Second, diverse and large amounts of information recorded as electronic or magnetic records are used appropriately and effectively through information and communications technologies. Article 2 expressly includes technologies referred to in the Basic Act on the Advancement of Public and Private Sector Data Utilization, such as artificial intelligence-related technology, Internet of Things-related technology, and cloud computing service-related technology.

Principles for Citizens, Economy, and Local Communities

Chapter II states the basic principles for forming a digital society. The first group of principles concerns the people who use information and communications technologies and the social and economic fields affected by those technologies.

Article 3 states that the formation of a digital society must be carried out so that all citizens can easily and independently use advanced information and communications networks, use information through information and communications technologies, participate in all activities in a digital society, and creatively and fully exercise their abilities. The article frames the benefit as enjoyment of the blessings of information and communications technologies by all citizens. Article 4 connects digital society formation to economic structural reform and reinforcement of international industrial competitiveness, including promotion of economic activity, efficiency and advancement of business management, productivity improvement, creation of diverse businesses, and expansion of opportunities for workers to exercise their abilities.

Article 5 concerns comfortable and affluent lives for citizens. It refers to the use of advanced information and communications networks and use of information through information and communications technologies to make living-convenience information available widely and to create opportunities for use of diverse services. Article 6 concerns vital local communities and improved resident welfare. It points to creating opportunities for residents to use attractive employment, education, medical care, nursing care, childcare, culture, art, sports, and other services according to the natural, economic, social, and cultural conditions of each area. Article 7 then links digital society formation to the ability to live with peace of mind, by using information and communications technologies to prevent or reduce damage from disasters, accidents, incidents, infectious diseases, and other threats.

Private-Sector Role, Accessibility, and Security

The Act's principles do not treat digital policy as only a government information-system matter. Several provisions address private-sector vitality, access gaps, personal autonomy, and safety.

Article 8 concerns smooth distribution of information through advanced information and communications networks. It states that the formation of a digital society must be carried out so that information can be smoothly distributed, while ensuring free expression and protection of intellectual property rights and other rights and interests. Article 9 states that the private sector is to play the leading role in principle, and that the national and local governments are to actively use private-sector knowledge. The same article identifies measures such as encouraging fair competition or amending regulations, creating an environment for the private sector to exert vitality, improving convenience for citizens, improving simplicity, efficiency, and transparency of administrative operations, and securing fair benefits and burdens in public services.

Article 10 addresses gaps in opportunities and abilities to use information and communications technologies. It requires consideration so that all citizens can enjoy the benefits of information and communications technologies, regardless of geographical constraints, age, physical condition, economic circumstances, or other factors. Article 11 concerns voluntary and independent selection by individuals. It states that personal information must be properly handled, that cybersecurity must be secured, and that individuals' ability to voluntarily and independently select the use or non-use of information and communications technologies must be ensured. Article 12 adds a principle on economic and social resilience, stating that digital society formation must be carried out while preventing or limiting adverse effects from information and communications technologies.

Responsibilities and Policy Fields

Chapter III assigns responsibilities to the national government, local governments, and business operators. Chapter IV then lists policy fields that the government must consider when developing strategies.

Article 13 states that the national government is responsible for developing and executing strategies for forming a digital society in accordance with the basic principles. Article 14 states that local governments are responsible for developing and executing autonomous strategies according to the characteristics of their areas and in accordance with the basic principles. Article 15 states that business operators must endeavor, in accordance with the basic principles, to actively use information and communications technologies in their business activities and to cooperate with national and local government strategies. Article 16 requires the national and local governments to take legislative, financial, or other measures needed to implement digital-society strategies. Article 17 requires the national government to develop necessary systems for close coordination and cooperation among administrative organs.

Articles 20 to 35 specify basic policy fields. Article 20 concerns formation of world-class advanced information and communications networks and promotion of their use, and Article 21 concerns development of human resources. Article 22 addresses education and learning, Article 23 addresses public relations and awareness, and Article 24 concerns reduction of burdens and convenience in administrative procedures by using information and communications technologies. Article 25 concerns use of data, Article 26 concerns standardization and mutual compatibility of information systems, and Article 27 concerns cybersecurity. Later provisions address research and development, international cooperation, statistics, disaster response, regulation review for effective use of information and communications technologies, and related measures. Each policy field is stated as a direction for developing strategies rather than as an individual approval or filing procedure.

The Act ends by connecting the principles and policy fields to two implementation devices: the Digital Agency and the priority policy program. These provisions are the bridge between the basic Act and more operational laws and plans.

Article 37 states that the Digital Agency is established in the Cabinet, in accordance with the basic principles and pursuant to separate legislative provisions, to assist Cabinet affairs concerning the formation of a digital society together with the Cabinet Secretariat and to swiftly and thoroughly carry out administrative matters concerning the formation of a digital society. The article does not itself list all Digital Agency offices or positions. Those organizational details are addressed in the Act on the Establishment of the Digital Agency.

Article 38 requires the government to develop a priority policy program on the formation of a digital society. The program must provide for matters including the basic policy on swift and thorough government actions, actions to promote world-class advanced information and communications networks, actions for human resource development, actions for public relations and awareness, actions to reduce burdens and improve convenience in administrative procedures, actions for data use, actions for information-system standardization and mutual compatibility, actions for cybersecurity, and other matters needed for forming a digital society. Article 39 then requires the government to endeavor to reflect the priority policy program in national budget preparation and implementation and to take necessary measures for prompt and steady execution of the program.