Basic Act on Disaster Management

The mayor of a municipality must endeavor to grasp the persons who will have difficulty evacuating by themselves and need support in particular to ensure a smooth and prompt evacuation when a disaster has occurred or is likely to occur (hereinafter referred to as "residents in need of assistance in evacuation") out of persons requiring special care who reside in the municipality, and must prepare lists of people (hereinafter referred to as "lists of residents in need of assistance in evacuation" in this Article and the following Article, paragraph (1)) which are the basis for implementing necessary measures (hereinafter referred to as "evacuation support, etc.") to support the evacuation of or confirm the safety of residents in need of assistance in evacuation or to protect from disasters the lives or bodies of residents in need of assistance in evacuation pursuant to the provisions of the area disaster management plan.

The lists of residents in need of assistance in evacuation are to describe or record the following matters related to residents in need of assistance in evacuation:

full name;

date of birth;

sex;

domicile or residence;

telephone number or other contact address;

reasons for requiring evacuation support, etc.;

beyond what is provided for in each of the preceding items, other matters which the mayor of a municipality finds necessary for implementation of Evacuation Support, etc.

The mayor of a municipality may use, within the office, the names of persons requiring special care and any other information on persons requiring special care which the mayor holds to the extent necessary to prepare the lists of residents in need of assistance in evacuation under paragraph (1) for purposes other than those that have been identified in holding the information.

When the mayor of a municipality finds it necessary for preparing the lists of residents in need of assistance in evacuation under paragraph (1), the mayor may request the governors of relevant prefectures and other persons to provide information on persons requiring special care.

The mayor of a municipality may use, within the office, the information (hereinafter referred to as "information on the name lists") described or recorded in the lists of residents in need of assistance in evacuation prepared pursuant to the provisions of the preceding Article, paragraph (1) to the extent necessary for implementation of evacuation support, etc. for purposes other than those that have been identified in holding the information.

The mayor of a municipality is to provide information on the name lists to fire-fighting organs, prefectural police, welfare commissioners prescribed in the Welfare Commissioners Act (Act No. 198 of 1948), municipal social welfare councils prescribed in Article 109, paragraph (1) of the Social Welfare Act (Act No. 45 of 1951), voluntary disaster management organizations and any other persons engaged in implementation of evacuation support, etc. (referred to as "evacuation supporters, etc." in the following paragraph, Article 49-14, paragraph (3), item (i) and Article 49-15) in order to prepare for the occurrence of a disaster, to the extent necessary for implementation of evacuation support, etc. and pursuant to the provisions of the area disaster management plan; provided, however, that except as otherwise provided by the ordinance of the municipality, if the mayor is unable to obtain the approval of the person (which means a particular person identified by the information on the name lists; the same applies to the following paragraph) regarding the provision of Information on the name lists, this does not apply.

In cases where a disaster has occurred or is likely to occur, when the mayor of a municipality finds it particularly necessary for protecting the lives or bodies of residents in need of assistance in evacuation from disasters, the mayor may provide evacuation supporters, etc. and any other persons with information on the name lists to the extent necessary for implementation of Evacuation Support, etc. In this case, it is not required to obtain the approval of the person regarding the provision of information on the name lists.

When the mayor of a municipality provides Information on the name lists pursuant to the provisions of the preceding Article, paragraph (2) or paragraph (3), pursuant to the provisions of the area disaster management plan, the mayor must endeavor to request the persons who receive information on the name lists to take necessary measures to prevent information on the name lists from being disclosed and take other necessary measures to protect the rights and interests of residents in need of assistance in evacuation related to the information on the name lists and third parties.

Those who have received information on the name lists pursuant to the provisions of Article 49-11, paragraph (2) or paragraph (3) (if those are corporations, their officers), their officials, or any other persons who are engaged in evacuation support, etc. by using the information on the name lists, or a person who used to be any of the above must not divulge to a third party any secret which they came to know about the residents in need of assistance in evacuation related to information on the name lists without just cause.

The mayor of a municipality must endeavor to formulate a plan for the implementation of evacuation support, etc. with regard to each resident in need of assistance in evacuation related to the information on the name lists (hereinafter referred to as an "individual evacuation plan") pursuant to the provisions of the area disaster management plan: provided, however, that this does not apply if the mayor is unable to obtain the approval of the relevant resident in need of assistance in evacuation regarding the formulation of an Individual Evacuation Plan.

When the mayor of a municipality intends to obtain the approval prescribed in the proviso to the preceding paragraph, the mayor must explain the matters concerning the provision of information on the individual evacuation plans prescribed in paragraph (1) of the following Article under paragraph (2) or paragraph (3) of the same Article to the resident in need of assistance in evacuation whose approval is sought.

Beyond the matters set forth in Article 49-10, paragraph (2), items (i) through (vi), the following matters concerning the resident in need of assistance in evacuation are to be described or recorded in the individual evacuation plan:

the full name or name, domicile or residence, and telephone number or other contact address of the evacuation support implementer (referring to an evacuation supporter who implements evacuation support, etc. for the resident in need of assistance in evacuation related to the individual evacuation plan; the same applies in paragraph (2) of the following Article);

matters concerning evacuation facilities and other evacuation sites and evacuation roads and other evacuation routes;

beyond what is provided for in each of the preceding two items, other matters which the mayor of a municipality finds necessary for the implementation of evacuation support, etc.

Within the office, the mayor of a municipality may use the names of the residents in need of assistance in evacuation and any other information on the residents in need of assistance in evacuation which the mayor holds, to the extent necessary to formulate the individual evacuation plans under paragraph (1) for purposes other than those that have been identified in holding the information.

When the mayor of a municipality finds it necessary for formulating the individual evacuation plans under paragraph (1), the mayor may request the governors of relevant prefectures and other persons to provide information on the residents in need of assistance in evacuation.

Within the office, the mayor of a municipality may use the information (hereinafter referred to as "information on the individual evacuation plans") described or recorded in the individual evacuation plans formulated pursuant to the provisions of paragraph (1) of the preceding Article, to the extent necessary for implementation of evacuation support, etc. for purposes other than those identified in holding the information.

The mayor of a municipality is to provide information on the individual evacuation plans to evacuation supporters, etc. in order to prepare for the occurrence of a disaster, to the extent necessary for implementation of evacuation support, etc. and pursuant to the provisions of the area disaster management plan; provided, however, that except as otherwise provided by the ordinance of the municipality, this does not apply if the mayor is unable to obtain the approval of the residents in need of assistance in evacuation and the evacuation support implementers related to the information on the individual evacuation plans (referred to as the "residents in need of assistance in evacuation, etc." in the following paragraph, the following Article, and Article 49-17).

In cases where a disaster has occurred or is likely to occur, when the mayor of a municipality finds it particularly necessary for protecting the lives or bodies of residents in need of assistance in evacuation from disaster, the mayor may provide evacuation supporters and any other persons with information on the individual evacuation plans to the extent necessary for implementation of evacuation support, etc. In this case, it is not required to obtain the approval of the residents in need of assistance in evacuation, etc. related to information on the individual evacuation plans regarding the provision of information on the individual evacuation plans.

Beyond what is provided for in the preceding two paragraphs, the mayor of a municipality is to provide necessary information to and take other necessary consideration regarding evacuation supporters in order to ensure the smooth and prompt implementation of evacuation support, etc. for residents in need of assistance in evacuation other than the residents in need of assistance in evacuation related to information on the individual evacuation plans.

When the mayor of a municipality provides information on the individual evacuation plans pursuant to the provisions of paragraph (2) or paragraph (3) of the preceding Article, pursuant to the provisions of the area disaster management plan, the mayor must endeavor to request the persons who receive information on the individual evacuation plans to take necessary measures to prevent information on the individual evacuation plans from being disclosed and take other necessary measures to protect the rights and interests of residents in need of assistance in evacuation, etc. related to the information on the individual evacuation plans and the rights and interests of third parties.

Those who have received information on the individual evacuation plans pursuant to the provisions of Article 49-15, paragraph (2) or paragraph (3) (if those persons are corporations, their officers), their officials, or any other persons who are engaged in Evacuation Support, etc. by using the information on the individual evacuation plans, or a person who used to be any of the above, must not divulge to a third party any secret which they came to know about the residents in need of assistance in evacuation, etc. related to information on the individual evacuation plans without just cause.