Article 13Granting of Opportunity to Submit a Written Opinion to Third Parties
第十三条(第三者に対する意見書提出の機会の付与等)
When information concerning a person other than the national government, incorporated administrative agencies or other corporations, local governments, local incorporated administrative agencies and the disclosure requester (referred to as "third party" in this Article, Article 19, paragraph (2), and Article 20, paragraph (1)) is recorded in the administrative documents related to a request for disclosure, the head of an administrative organ may notify the third party related to the information of the indication of the administrative documents related to the disclosure request and other matters specified by Cabinet Order, and provide them with an opportunity to submit a written opinion, when making a decision on disclosure or non-disclosure.
In the cases that fall under any of the following items, the head of an administrative organ must notify the third party in writing of the indication of the administrative documents related to the request for disclosure and other matters specified by Cabinet Order, and provide them with an opportunity to submit a written opinion, before making a disclosure decision; provided, however, that this does not apply to cases in which the whereabouts of the third party is unknown:
when the administrative document in which information concerning a third party is recorded is to be disclosed, and it is found that the information falls under the information prescribed in Article 5, item (i), sub-item (b) or the proviso of item (ii) of that Article; and
when the administrative document in which information concerning a third party is recorded is to be disclosed pursuant to the provisions of Article 7.
If the third party who has been given the opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs submits a written opinion manifesting the intention of opposition to disclosure of the administrative document, the head of the administrative organ, when making a disclosure decision, must allow at least two weeks between the day of the disclosure decision and the day of implementing the disclosure. In such a case, upon making the disclosure decision, the head of the administrative organ must promptly notify the third party that submitted the written opinion (referred to as a "written opposition opinion" in Article 19) in writing that the disclosure decision has been made, the grounds for its decision, and the date of implementation of the disclosure.