Japan
Act on Access to Information Held by Administrative Organs
Transparency Score: 51/100
RTI Rating: 77 (source)
Response Timeline
30 calendar days from the date of the disclosure request (Article 10, Paragraph 1). Extendable by up to 30 additional days (60 total) when there are justifiable operational reasons (Article 10, Paragraph 2). The agency must notify the requester in writing, stating the reasons for the extension and the expected decision date. For exceptionally voluminous requests (Article 11), the agency may disclose a "reasonable portion" within 60 days and process the remainder within a reasonable period.
Article 3 grants the right to request disclosure to "any person" (何人も). This includes Japanese citizens, foreign nationals, non-residents, and corporations (both domestic and foreign). There is no requirement to state the purpose of the request.
How to Submit a Request
Accepted Methods
Requests must be submitted on a prescribed disclosure request form (開示請求書) (Article 4). Accepted in person at the agency's information disclosure counter (情報公開窓口) or by mail with the 300 yen revenue stamp attached. Most agencies do not accept requests by fax or email. There is no central portal -- each administrative organ handles its own requests separately.
Required Elements
- Name address — Name and address (or residence) of the requester; for corporations, the name and representative's name (Article 4)
- Document description — Description of the administrative documents: the title or other information sufficient to identify the specific documents being requested (Article 4)
Optional Elements
- Preferred format — Preferred method of disclosure (viewing, photocopy, electronic media, etc.)
- Contact details — Phone number or other contact details to facilitate communication
Fees
The JPY 300 request fee is non-refundable regardless of outcome. Implementation fees are charged only when documents are actually disclosed, and the first JPY 300 worth is waived (offset against the request fee already paid). Fees are designed to be "as affordable as possible" (Article 16, Paragraph 1). Payment is by revenue stamps (収入印紙) affixed to the request form.
Fee Waivers
- Economic Hardship — Requester has difficulty paying due to financial circumstances
- Other Special Reasons — Other special reasons as determined by the agency head
Article 16, Paragraph 2 provides for fee reduction or exemption for economic hardship or "other special reasons." There is no explicit public interest fee waiver (unlike the US FOIA). Waiver of up to JPY 2,000 is available for economic hardship.
Exemptions
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Personal InformationInformation relating to an individual that can identify a specific person by name, date of birth, or other description, or could identify a person when collated with other information. Exceptions: information already lawfully public, information necessary to protect life/health/property, and information about public officials in their official capacity.
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Corporate/Business InformationInformation related to a corporation or individual's business where disclosure would harm rights, competitive position, or other legitimate interests; or information voluntarily provided on condition of non-disclosure.
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National Security and Foreign AffairsInformation that the agency head has reasonable grounds to deem, if disclosed, would be likely to harm national security, damage foreign relations, or cause disadvantage in international negotiations.
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Public Safety and Law EnforcementInformation that, if disclosed, would be likely to hinder crime prevention/investigation, impede public prosecutions, impede execution of sentences, or otherwise hinder maintenance of public safety and order.
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Deliberative ProcessInformation concerning deliberations, examinations, or consultations within or between government organs, where disclosure would cause unjust harm to frank exchange of opinions, neutrality of decision-making, or cause unjust confusion among the people.
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Administrative OperationsInformation that, if disclosed, would hinder proper performance of administrative operations, including audits, inspections, contracts, negotiations, personnel management, state enterprise management, and research activities.
All six exemption categories are listed in Article 5 and are formally mandatory (the agency "shall not disclose"). However, Article 7 provides a discretionary public interest override: even when information falls within an exemption, the agency head may disclose it when "there is a particular public-interest necessity." Article 6 requires partial disclosure when only part of the information is exempt. Article 8 permits "Glomar" responses (refusing to confirm or deny existence) when merely acknowledging existence would itself disclose exempt information.
Appeal Process
Administrative Appeal (審査請求)
Filed with the head of the agency that made the original decision, under the Administrative Complaint Review Act (Act No. 68 of 2014). No fee to file. Unless dismissed as unlawful or fully reversed, the agency head must refer the matter to the Review Board before deciding (Article 18).
Review Board Consultation
The Board consists of 15 members appointed by the Prime Minister with Diet consent, deliberating in panels of 3+. The Board may conduct in camera inspection of the actual documents. Decisions are advisory (答申) and non-binding, but are generally followed by agencies. Advisory opinions are publicly available.
District Court Lawsuit (情報公開訴訟)
Suit to revoke the non-disclosure decision under the Administrative Case Litigation Act. No requirement to exhaust administrative remedies first -- requesters may go directly to court. Article 36 provides a special venue rule allowing suits at any of 8 High Court seat district courts near the plaintiff's residence (Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, Takamatsu), not just the agency's location. Courts may conduct in camera inspection (since 2011 reform).
The appeal system has two parallel pathways: administrative review (via the Review Board) and judicial review (via district court). There is no requirement to exhaust administrative remedies before filing suit. The Review Board's advisory opinions are non-binding but are generally followed, with less than 10% of cases proceeding to court after the Board issues its opinion. Article 36's special venue provision was a significant reform allowing suits at 8 High Court seat district courts rather than only the agency's location, though advocates sought even broader venue at the plaintiff's local district court.
Request Templates
MIC Information Disclosure System Overview →
Overview of the disclosure system with links to agency contact points (Japanese)
MIC Fee Schedule →
Detailed fee schedule for disclosure requests and implementation (Japanese)
Cabinet Secretariat Disclosure Forms →
Sample request forms and fee tables (Japanese)
Records Retention
Act No. 66 of July 1, 2009 (公文書等の管理に関する法律)
Enacted 2009; requires government-wide unified rules for creating and managing public records. Administrative documents must be retained for specified periods; historically valuable records are transferred to the National Archives for permanent preservation.
Sources & References
- Full text of law →
- Primary source →
- Ministry of Internal Affairs and Communications - Information Disclosure →
- Information Disclosure and Personal Information Protection Review Board →
- Review Board Advisory Opinions Database →
- Official English Translation →
- MIC Alternative English Translation →
- e-Gov Official Text (Japanese) →