This article explores the development and shortcomings of records management laws in Japan, focusing on the conceptual and institutional gap between archival systems and information law. Although the 2009 Public Records and Archives Management Act was a significant legislative step, Japanese legal scholarship has largely overlooked archives as a key component of democratic infrastructure. Most information law discourse prioritizes individual rights, neglecting the structural role of archives in transparency and accountability. By highlighting the democratic function of archives, this study argues for their fuller integration into information law frameworks and calls for interdisciplinary approaches to support transparency, public trust, and legal oversight.

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Progress and Problems of Records Management Laws in Japan: A Gap Between the Archival System and Information Laws

  • Junta Okada

摘要

This article explores the development and shortcomings of records management laws in Japan, focusing on the conceptual and institutional gap between archival systems and information law. Although the 2009 Public Records and Archives Management Act was a significant legislative step, Japanese legal scholarship has largely overlooked archives as a key component of democratic infrastructure. Most information law discourse prioritizes individual rights, neglecting the structural role of archives in transparency and accountability. By highlighting the democratic function of archives, this study argues for their fuller integration into information law frameworks and calls for interdisciplinary approaches to support transparency, public trust, and legal oversight.