Japan, Strategies

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グリーンアクセスプロジェクト　 Green Access Project

Japan: Strategies for Improving Citizens’ Access to Information and the

Role of Information Commissioners

Osaka UniversityNoriko Okubo



» Fifth level


1 General regulations for access to information

(1)National level

① Law Concerning Access to Information Held by the

Administrative Organs (LAI) (1999)

　② Law Concerning Access to Information Held by

Incorporated Administrative Agencies (2001)

(2) Local level

Ordinances concerning access to information held

by local governments

2 Special provisions in the environmental legislation (ex.: PRTR Act)

Legal Schemes



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1 Applicable Organs

All national administrative organs

2 Scope of the administrative documents

Documents, pictures and electromagnetic

records held by the administrative organ

concerned for organizational use by its

employees Including:

(1) Documents before final decisions

(2) Documents obtained/prepared before the

enforcement of LAI

Scope of LAI



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1 Any person has the right to request disclosure

2 Principle

Obligation to disclose Documents

3 6 categories of exceptions

Obligation: Partial Disclosure

4 Exception of exception

Discretionary Disclosure of Non-Disclosure

Information for Public Interest Grounds

However, Limited number of examples in practice

(only 8 cases in 2011)

Right to Request Disclosure



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Information disclosure may be refused if it might adversely affect:

1 personal information

2 confidential corporate information

However, information which is relevant for the protection of a person's life, health, livelihood or property shall be

disclosed.

3 national security/international relations

4 maintenance of public safety

5 deliberation process of administrative decision

6 confidentiality of the proceedings of public authorities

6 categories



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1 Deadline for Disclosure Decisions

30 days from the request (extendable for more 30 days)

2 Fees

(1) Disclosure request: cir. US$ 2 - 3

(2) Documents:

Inspection : cir. US$ 1 up to 100 pages

Copy: cir. US$ 0.1 /1 page

Procedure for Disclosure



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Any dissatisfied requesters has access to a review procedure.

1 Appeal to the Administrative Organ

(1) Reference to the Information Disclosure

Review Board

(2) Review Board: Submitting a report

(report: open to the public)

2 Litigation

Only 15-30 cases/year

Access to Justice



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1 Organization Under the Cabinet Office Commissioners + Secretariat (incl. Examination Officers) 5 Panels (3 Commissioners/panel)2 Commissioners ・ Total: 15 members ・ 5 full-time Commissioner, 10 part-time Commissioner ・ Appointed by the Prime Minister subject to the Diet　 approval ・ Term: 3 years3 Competence ・ Submission of reports ・ Ex officio examination ・ Solicit to show the requested documents　 (in camera examination)

Information Disclosure and Personal Information Protection Review Board



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1 Requests Total: 96,677 Ministry of Infrastructure: 39,010 Ministry of Environment: 5022 Decisions: 83,712 (1) Disclosure: 42,983 (51.4%) (2) Partial disclosure: 38,688 (46.2%) (3) Nondisclosure: 2,041 (2.4%) Nondisclosure information: 40,325 Nonexistence: 2,278 Glomar denial: 339

Status of Enforcement (2011)



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Number of Request

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20110

20,000

40,000

60,000

80,000

100,000

120,000

48,670

59,887

73,318

87,123

78,639

49,930

61,089

76,870

72,390

86,034

96,677

Number of request



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Decisions

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20110%

10%20%30%40%50%60%70%80%90%

100%

56.169.1 70.9 74.4 71.8

45.6 42.635 38.3 41.4

51.4

32.5

26.6 25.3 22.2 23.3

43.2 52.961.3 58.5 56.1 46.2

4.3 3.8 3.4 4.9 11.2 4.5 3.7 3.2 2.5 2.4

Decisions

All disclosure Partical disclosure Non-disclosure



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1 Number of administrative appeals: 1,077 cf. Litigation: 122 Duration of the process Within 6 months: 21.6% 6-9 months: 18.5% 9-12 months: 22.4% more than 1 year: 37.5%3 Board’s Recommendations Admit: 3.4% Partially admit: 20.6% Dismiss: 76%

Administrative Appeals (2011)



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Number of Administrative Appeals

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20110

200

400

600

800

1,000

1,200

1,400

1,600

1,359

914

1,158

1,367

744 800

1,018

851

739

952

1,077

Number of administrative appeals



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1 Requested documents: Old inspection documents2 Original decision: Nondisclosure Main reasons: personal information of workers confidential corporate data knowhow data to investigate by inspector3 Review by the Board: Ex officio examination (1) Requests to the authority for detailed research about existence/nonexistence of the factories (2) Examination by the official of the Board (3) Inquiry to the concerned corporations4 Recommendations in 2013 (1) Documents concerning the closed workplaces shall be disclosed (except personal data) (Kishiwada Case). (2) Old Documents concerning production process etc.: 19 documents of 25 requested documents shall be partially disclosed (Amagasaki Case).

Recent Cases : Asbestos Kishiwada Case and Amagasaki Case



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1 Request: documents concerning work at Fukushima

nuclear power plants with exposure to radiation

2 Original decision: Partial disclosure

Main reason: confidential corporate data

3 Recommendations on 14 March 2013:

expanding the extent of partial disclosure

(1) Data concerning high-dose radiation areas in the

Fukushima Plants

(2) Some parts of roadmap for controlling the accident

and cold shutdown of nuclear reactors

Recent Cases: Fukushima Accident



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1 Confidential cooperate information (1) Information on emissions which is relevant for protection of ： ① a person’s life, health, livelihood, or property (LAI), ② the environment (Aarhus) Aarhus > LAI (2) Information which has been voluntarily provided in response to a request by the Administrative Organ on the condition of non-disclosure: Aarhus = LAI2 Non-Existence (1) No preparation of documents (2) Elapse of the statutory period for retaining the records

Hottest Issues



» Fifth level


1 Accountability and Transparency have been dramatically improved after the LAI enforcement.2 It is time for next step. However, the bill for revision of LAI in 2011 was blocked in the Diet.3 Some options for the next steps (1) Expanding applicable organizations (2) Strengthening discretionary disclosure of nondisclosure information (3) Strengthening control of management of public documents (4) Strengthening legal obligation to submit relevant environmental information to the administrative agency (5) Strengthening system of collection and dissemination of environmental information based on the relevant environmental legislation

Next Challenges

Economy & Finance

Japan, Strategies