The freedom of information law went into force April 1, 2001. But since then, there have been persistent criticisms of the current information disclosure system. Decisions made by government ministries and agencies in response to disclosure requests have appeared arbitrary. Reasons given for refusing disclosures are often so vague that it is not clear whether a sought-after document even exists anymore.
In a welcome move, a government panel headed by government revitalization minister Renho on Aug. 24 proposed ways to make the system more effective. Under the proposals, a revision bill will state clearly that people have the right to know. Nonprofit public-service corporate bodies under the supervision of government ministries and agencies will also become subject to information disclosure requests.
At present, government entities are given 30 days to decide on requests for information disclosure. The period will be shortened to 14 days. One now has to pay ?300 for each document disclosed, but under the proposals no fee will be charged except for commercial use of government documents.
If people file a complaint (not a lawsuit) against a government entity¡¯s decision not to disclose documents, the entity will be required to get approval from the prime minister for its second decision not to allow disclosure. In reality, a body under the prime minister will decide. There may be the possibility that government ministries and agencies will try to control this body unless clear rules are established.
At present, people can file lawsuits against decisions not to disclose documents only in the nation¡¯s eight high courts. Filing of such lawsuits will become possible in each prefecture. If government entities decline to disclose documents, court judges will carry out in camera inspections to decide whether they should be made public.
Cabinet ministers should quash resistance from bureaucrats to the proposed loosening of criteria for information disclosure. And the government should provide enough budget and personnel to deal with the swelling demand for information disclosure.
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