Enhancing the Right to Know in Japan: Translation of and Commentary on Proposed Amendments to the Information Disclosure Law
Abstract
Like political parties forming new governments after years in opposition in many other jurisdictions, the Democratic Party of Japan (DPJ) made reform of the country’s Information Disclosure Law one of its first priorities upon taking power in 2009. The Law (detailed in previous issues of this publication) has now been in force for more than ten years, but critics (including the DPJ itself) have pointed out shortcomings in the Law even since its inception. Although now stalled for nearly 18 months, a bill currently before the Diet aims to remedy a number of these shortcomings.
This article provides a translation of the Information Disclosure Law as amended by the bill, together with a commentary on the background to the amendments and their likely effectiveness. It argues that the proposed amendments do not represent a fundamental rethinking of Japan’s freedom of information framework, and that indeed a number of discrepancies remain between the Information Disclosure Law and other information laws that have been or are in the process of reform. Nevertheless, a number of the amendments could improve current levels of disclosure, and augment in particular the ability of the courts to review non-disclosure determinations.
It concludes that while the amendment bill itself has been compromised, if passed, it has the potential to bring Japan a step closer to the Law’s goal of open government, which is sorely needed in light of recent scandals, such as the failure of the Atomic Energy Commission and other relief teams to keep minutes of their meetings in the wake of the March 2011 disaster.
