The long-awaited Law on Access to Information is about to be enacted. The bill has been endorsed by the Lower House and is expected to become law after going through the Upper House during the current session of the Diet.

Discussions on the enactment of such a law have been going on for over two decades. While local governments, including 47 prefectures and the Tokyo Metropolitan Area, have enacted local regulations on access to information, at the national level, the government was rather slow in responding. It was only in 1998 that a draft law on access to information was submitted to the Diet.

The goal of the Law is to encourage disclosure of information and enhance accountability of the government by providing for the right of the people to request disclosure of information in possession of government agencies. Documents in this context include electro-magnetic records. Agencies covered by this prospective law include ministries, the Cabinet Office, committees and the Government Accounting Office. Any person, including foreign nationals, is entitled to request disclosure of documents from these agencies. Courts and the Diet are excluded. Statutory agencies are not covered either, but will eventually come under this Law in two years' time from its taking of effect.

However, not all government information is accessible. Exceptions include information on individuals through which a specific individual can be identified and information on juridical persons, which, if disclosed, may harm their legitimate interests. There are also exceptions on grounds of national security and the maintenance of public order. In addition, information on the internal or mutual discussion of government agencies and local governments which may affect a free and frank exchange of views or appropriate decision-making as well as information on the activities or business of government or local government agencies, which may affect the appropriate implementation of such activities or business, is exempted.

Access can be denied without disclosing whether the document in question is in possession of the agency or not. The decision not to disclose information is subject to judicial review.

Once the Law is enacted, it is scheduled to take effect in the year 2001. The Law will be reviewed after four years of the date of its taking effect.