| Japan: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 70 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: There is a formal right to access government documents, but there is an argument if this is constitutionally guaranteed or not. Exceptions are made for the reasons of national security, individual privacy and business secrecy. References: The Information Disclosure Act of 1999 (concerning access to information held by administrative organs), and the similar Act of 2001 (information held by independent administrative enterprises).
Peer Review Comments: See [ LINK ]. This has an analysis of Japan's Information Disclosure Law and a comparison with the U.S. Freedom of Information Act.
Peer Review Comments: Japan's freedom of information law is easy to use, but the information that can be obtained is severely restricted and officials are often obstructive.
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: There are two formal processes of appeal for rejected information requests. One is to appeal to the Judging Committee in the Central Government Cabinet Office. The other is to bring the case to court. Both processes can be simultaneous. References: Articles 18 and 36 of The Information Disclosure Act.
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: There is a mandatory government mechanism/institution within ministries or agencies through which citizens can access government records available under The Information Disclosure Act. References: Article 21 of The Information Disclosure Act.
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: It takes around one month to obtain the records. Some additional delays may be experienced in a few specified ministries like the Ministry of Foreign Affairs. Politically sensitive information may be withheld at times without sufficient justification. References: Article 10 of The Information Disclosure Act stipulates that the decision of disclosure must be done within 30 days after receipt of the application. Interview with board member of the Freedom of Information Citizen Center.
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: Records are available for 300 yen per application and photocopying costs. To obtain records by mail or online is not very popular yet. References: Article 16 of The Information Disclosure Act stipulates that charges must be within the actual costs. Interview with board member of the Freedom of Information Citizen Center.
Peer Review Comments: It is extremely easy for officials to blank out sensitive information without disclosing their reasons. Thus a tactic used by investigative journalists is to request and trawl through a huge number of documents. In this case, the cost of obtaining the desired information can run into the hundreds or thousands of dollars.
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: The agency/entity acts on appeals quickly, but with some exceptions. Some appeals may take more than one year to resolve. The Ministry of General Affairs reports the condition of implementation of The Information Disclosure Act once a year, according to Article 39 of the Act. References: Interview with board member of the Freedom of Information Citizen Center.
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: In some cases, the appeals mechanism is costly and may not be an affordable option to middle-class citizens seeking to challenge an access-to-information determination. References: Interview with board member of the Freedom of Information Citizen Center.
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The government usually discloses reasons for denying an information request to the requestor, with some exceptions. Occasionally the reasons may be vague. References: Interview with board member of the Freedom of Information Citizen Center.
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