Chapter II Disclosure of Administrative Documents
第二章 行政文書の開示
Article 3Right to Request Disclosure
第三条(開示請求権)
Any person may make a request to the head of an administrative organ (for the organs specified by Cabinet Order referred to in paragraph (1), items (iv) and (v) of the preceding Article, the person specified by Cabinet Order for each of those organs; the same applies below) for disclosure of administrative documents held by the administrative organ.
Article 4Procedure of Request for Disclosure
第四条(開示請求の手続)
A request for disclosure under the provisions of the preceding Article (referred to as "request for disclosure") must be made by submitting a document stating the following matters (referred to as "written request for disclosure" below) to the head of an administrative organ:
the name and domicile or residence of the person making the disclosure request, and the name of the representative for a corporation or other organizations;
開示請求をする者の氏名又は名称及び住所又は居所並びに法人その他の団体にあっては代表者の氏名
the name of the administrative documents or other matters sufficient for identifying the administrative documents related to the request for disclosure.
If the head of an administrative organ finds that there is a formal deficiency in the written request for disclosure, they may specify a reasonable period of time and ask the person making the request (referred to as "disclosure requester" below) to correct the request. In such a case, the head of the administrative organ must endeavor to provide the disclosure requester with information that will serve as reference in making the correction.
Article 5Obligation to Disclose Administrative Documents
第五条(行政文書の開示義務)
If a request for disclosure has been made, unless any of the information stated in each of the following items (referred to as "non-disclosure information" below) is recorded in the administrative documents related to the request for disclosure, the head of an administrative organ must disclose the administrative documents to the disclosure requester.
information concerning an individual (excluding information concerning the business of an individual who operates a business), which enables to identify a specific individual based on the name, date of birth or other descriptions of the individual (meaning all the matters stated or recorded, or expressed using sound, motion, or other means in documents, pictures, or electronic or magnetic records; the same applies in paragraph (2) of the following Article) included in the information (including the matters which makes it possible to identify a specific individual by comparing the information with other information), or information which is not able to identify a specific individual, but has a risk of harming the rights and interests of the individual when it is made public; provided, however, the following information is excluded:
information that is made public pursuant to the provisions of laws and regulations or by customary practice, or information that is planned to be made public,;
法令の規定により又は慣行として公にされ、又は公にすることが予定されている情報
information which is found necessary to be made public in order to protect a person's life, health, livelihood, or property;
人の生命、健康、生活又は財産を保護するため、公にすることが必要であると認められる情報
if the individual is a public employee, etc. (meaning national public employees as defined in Article 2, paragraph (1) of the National Public Service Act (Act No. 120 of 1947) (excluding officers and employees of the agency engaged in administrative execution as defined in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999)), officers and employees of incorporated administrative agencies, etc. (meaning the incorporated administrative agencies, etc. as defined in Article 2, paragraph (1) of the Act on Access to Information Held by Incorporated Administrative Agencies (Act No. 140 of 2001; referred to as the "Incorporated Administrative Agencies' Information Disclosure Act" below), local public employees as defined in Article 2 of the Local Public Service Act (Act No. 261 of 1950)), and officers and employees of local incorporated administrative agencies (meaning local incorporated administrative agencies as defined in Article 2, paragraph (1) of the Local Incorporated Administrative Agency Act (Act No. 118 of 2003); the same applies below)), and the information is related to the performance of their duties, the portion of the information concerning the occupation of the public employee, etc. and the content of the performance of duties.
当該個人が公務員等(国家公務員法(昭和二十二年法律第百二十号)第二条第一項に規定する国家公務員(独立行政法人通則法(平成十一年法律第百三号)第二条第四項に規定する行政執行法人の役員及び職員を除く。)、独立行政法人等(独立行政法人等の保有する情報の公開に関する法律(平成十三年法律第百四十号。以下「独立行政法人等情報公開法」という。)第二条第一項に規定する独立行政法人等をいう。以下同じ。)の役員及び職員、地方公務員法(昭和二十五年法律第二百六十一号)第二条に規定する地方公務員並びに地方独立行政法人(地方独立行政法人法(平成十五年法律第百十八号)第二条第一項に規定する地方独立行政法人をいう。以下同じ。)の役員及び職員をいう。)である場合において、当該情報がその職務の遂行に係る情報であるときは、当該情報のうち、当該公務員等の職及び当該職務遂行の内容に係る部分
anonymized personal information held by administrative organs prescribed in Article 60, paragraph (3) of the Act on the Protection of Personal Information (Act No. 57 of 2003) (limited to information that constitutes anonymized personal information files held by the administrative organs prescribed in paragraph (4) of that Article; referred to as "anonymized personal information held by administrative organs" below in this item), or descriptions as defined in Article 2, paragraph (1), item (i) of that Act or individual identification codes as defined in paragraph (2) of that Article deleted from personal information held by administrative organs prescribed in Article 60, paragraph (1) of that Act used for creating the anonymized personal information held by administrative organs.
個人情報の保護に関する法律(平成十五年法律第五十七号)第六十条第三項に規定する行政機関等匿名加工情報(同条第四項に規定する行政機関等匿名加工情報ファイルを構成するものに限る。以下この号において「行政機関等匿名加工情報」という。)又は行政機関等匿名加工情報の作成に用いた同条第一項に規定する保有個人情報から削除した同法第二条第一項第一号に規定する記述等若しくは同条第二項に規定する個人識別符号
information concerning a corporation or other organizations (excluding the national government, incorporated administrative agencies or other corporations, local governments, and local incorporated administrative agencies; referred to as "corporation or other organizations" below), or information concerning the business of an individual who operates a business, which is stated in the following sub-items, provided, however, this does not include information found necessary to be made public in order to protect a person's life, health, livelihood, or property.
information that has a risk of harming the rights, competitive position, or other legitimate interests of the corporation or other organizations, or the individual, when made public;
公にすることにより、当該法人等又は当該個人の権利、競争上の地位その他正当な利益を害するおそれがあるもの
information provided voluntarily in response to a request by an administrative organ on condition that it will not be made public, for which setting the condition of not making it public as a custom for a corporation or other organizations, or an individual, and other such conditions is found to be reasonable in light of the nature of the information or the circumstances at that time and other factors.
information for which there are reasonable grounds for the head of an administrative organ to find that there is a risk of harming national security, damaging the trust relationship with other countries or international organizations, or result in a disadvantage during negotiations with other countries or international organizations, when made public;
公にすることにより、国の安全が害されるおそれ、他国若しくは国際機関との信頼関係が損なわれるおそれ又は他国若しくは国際機関との交渉上不利益を被るおそれがあると行政機関の長が認めることにつき相当の理由がある情報
information for which there are reasonable grounds for the head of an administrative organ to find that the information has a risk of hindering the prevention, suppression, or investigation of crime, the maintenance of prosecution, the execution of punishment, and other matters concerning maintenance of public safety and public order, when made public;
公にすることにより、犯罪の予防、鎮圧又は捜査、公訴の維持、刑の執行その他の公共の安全と秩序の維持に支障を及ぼすおそれがあると行政機関の長が認めることにつき相当の理由がある情報
information concerning deliberations, reviews, or discussions conducted internally or mutually between national government organs, incorporated administrative agencies or other corporations, local governments and local incorporated administrative agencies, for which there is a risk of unjustly harming the frank exchange of opinions or the neutrality of decision making, unjustly causing confusion among the people, or wrongfully provide benefits or cause disadvantages to specific individuals, when made public;
information concerning the affairs or business conducted by a national government organ, an incorporated administrative agency or other corporations a local government or a local incorporated administrative agency, which pose the following risks or has the risk of hindering the proper performance of affairs or business due to its nature, when made public:
risk of making it difficult to understand the accurate facts concerning affairs related to audits, inspections, surveillance, examinations, or imposition or collection of tax, or risk of facilitating illegal or wrongful acts regarding the affairs or making it difficult to discover those acts;
監査、検査、取締り、試験又は租税の賦課若しくは徴収に係る事務に関し、正確な事実の把握を困難にするおそれ又は違法若しくは不当な行為を容易にし、若しくはその発見を困難にするおそれ
risk of unjustly harming the economic benefit of the national government, incorporated administrative agencies or other corporations, local governments or local incorporated administrative agencies concerning the affairs related to contracts, negotiations, or legal disputes or the position as the concerned party;
risk of unjustly hindering the fair and efficient performance of affairs related to research and study;
調査研究に係る事務に関し、その公正かつ能率的な遂行を不当に阻害するおそれ
risk of hindering the impartial and smooth human resources practices related to the affairs concerning human resources management;
人事管理に係る事務に関し、公正かつ円滑な人事の確保に支障を及ぼすおそれ
risk of harming the proper profit arising from business operations of companies managed by incorporated administrative agencies or other corporations, or local governments, or business related to local incorporated administrative agencies.
第六条(部分開示)
If non-disclosure information is recorded in a part of an administrative document related to a request for disclosure, and it is possible to easily divide and remove the part that has the non-disclosure information recorded, the head of an administrative organ must disclose the part after removing that part to the disclosure requester; provided, however, that this does not apply if it is found that significant information is not recorded in the part after removing that part.
If the information referred to in item (i) of the preceding Article (limited to information that can identify a specific individual) is recorded in an administrative document related to a request for disclosure, and it is found that removing the descriptions such as name or date of birth which can identify a specific individual does not have the risk of harming the rights and interests of an individual, the provisions of the preceding paragraph is applied by deeming that the part after removing that part as not being included in the information referred to in that item.
Article 7Discretionary Disclosure Due to Public Interest Grounds
第七条(公益上の理由による裁量的開示)
Even when non-disclosure information (excluding the information stated in Article 5, item (i)-2) is recorded in an administrative document related to a request for disclosure, if the head of an administrative organ finds that it is particularly necessary for public interest, they may disclose the administrative document to the disclosure requester.
When non-disclosure information is to be disclosed by merely answering whether the administrative document related to a request for disclosure exists or not for a request for disclosure, the head of an administrative organ may refuse the request for disclosure without clarifying whether the administrative document exists or not.
Article 9Measures Concerning Requests for Disclosure
第九条(開示請求に対する措置)
When disclosure is to be made for all or a part of the administrative documents related to a request for disclosure, the head of an administrative organ must make a decision for the disclosure and notify the disclosure requester in writing of that fact and the matters specified by Cabinet Order concerning the implementation of the disclosure.
If the head of an administrative organ decides not to disclose all of the administrative documents related to a request for disclosure (including when refusing a request for disclosure pursuant to the provisions of the preceding Article and when administrative documents related to a request for disclosure are not held), they must make a decision on not making a disclosure and notify the disclosure requester in writing of that fact.
Article 10Due Date for Disclosure Decisions
第十条(開示決定等の期限)
The decisions referred to in the items of the preceding Article (referred to as "decision on disclosure or non-disclosure") must be made within thirty days from the date the request for disclosure has been made; provided, however, that if a correction is requested pursuant to the provisions of Article 4, paragraph (2), the number of days required for the correction is not to be included in that period.
Notwithstanding the provisions of the preceding paragraph, when there are reasonable grounds such as difficulties in handling administrative affairs, the head of an administrative organ may extend the period prescribed in that paragraph for up to thirty days. In such a case, the head of an administrative organ must promptly notify the disclosure requester in writing of the extended period and the reasons for the extension.
If there is a risk of causing significant hindrance to the performance of affairs when making decisions on disclosure or non-disclosure for all of the administrative documents related to a request for disclosure within sixty days from the date the request for disclosure has been made because of the large volume of the administrative documents, notwithstanding the provisions of the preceding Article, it is sufficient for the head of an administrative organ to make a decision on disclosure or non-disclosure for a reasonable portion of the administrative documents related to a request for disclosure within that period, and make a decision on disclosure or non-disclosure for the remaining administrative documents within a reasonable period of time. In such a case, the head of an administrative organ must notify the disclosure requester in writing of the following matters within the period prescribed in paragraph (1) of that Article:
the fact that this Article is to be applied and the reasons for this; and
本条を適用する旨及びその理由
the due date for making a decision on disclosure or non-disclosure for the remaining administrative documents.
第十二条(事案の移送)
The head of an administrative organ may transfer a case to the head of another administrative organ if the administrative documents related to a request for disclosure has been prepared by another administrative organ, or there are legitimate grounds for the head of another administrative organ to make a decision on disclosure or non-disclosure, after deliberating with the head of that other administrative organ. In such a case, the head of the administrative organ that has transferred the case must notify the disclosure requester in writing of the fact that the case has been transferred.
When a case has been transferred pursuant to the provisions of the preceding paragraph, the head of the administrative organ who has received the transfer must make a decision on disclosure or non-disclosure for the request for disclosure. In such a case, the acts conducted before the transfer by the head of the administrative organ who transferred the case are deemed to be the acts conducted by the head of the administrative organ who has received the transfer.
In the case referred to in the preceding paragraph, when the head of the administrative organ that has received the transfer makes a decision referred to in Article 9, paragraph (1) (referred to as "disclosure decision" below), that head of the administrative organ must implement the disclosure. In such a case, the head of the administrative organ who has transferred the case must provide the necessary cooperation in implementing the disclosure.
When administrative documents related to a disclosure request has been prepared by incorporated administrative agencies or other corporations, or there are legitimate grounds for incorporated administrative agencies or other corporations to make decisions on disclosure or non-disclosure prescribed in Article 10, paragraph (1) of Incorporated Administrative Agencies' Information Disclosure Act, the head of an administrative organ may transfer the case to that incorporated administrative agency after deliberating with the head of the administrative organ. In such a case, the head of the administrative organ that has transferred the case must notify the disclosure requester in writing of the fact that the case has been transferred.
When a case has been transferred pursuant to the provisions of the preceding paragraph, the provisions of the Incorporated Administrative Agencies' Information Disclosure Act is applied by deeming the administrative documents to be the corporate documents as defined in Article 2, paragraph (2) of the Incorporated Administrative Agencies' Information Disclosure Act held by the incorporated administrative agency or other corporation that has received the transfer and deeming the request for disclosure to be the request for disclosure prescribed in Article 4, paragraph (1) of the Incorporated Administrative Agencies' Information Disclosure Act made to the incorporated administrative agency or other corporation that has received the transfer. In such a case, the term "Article 4, paragraph (2)" in Article 10, paragraph (1) of the Incorporated Administrative Agencies' Information Disclosure Act is to be replaced with "Article 4, paragraph (2) of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999)"; and the phrases "the person making a disclosure request or the corporate documents," "pays respectively" and "a fee for the disclosure request or a disclosure" in Article 17, paragraph (1) of the Incorporated Administrative Agencies' Information Disclosure Act are to be replaced with "the corporate documents", "pays", and "a disclosure", respectively.
前項の規定により事案が移送されたときは、当該事案については、行政文書を移送を受けた独立行政法人等が保有する独立行政法人等情報公開法第二条第二項に規定する法人文書と、開示請求を移送を受けた独立行政法人等に対する独立行政法人等情報公開法第四条第一項に規定する開示請求とみなして、独立行政法人等情報公開法の規定を適用する。この場合において、独立行政法人等情報公開法第十条第一項中「第四条第二項」とあるのは「行政機関の保有する情報の公開に関する法律(平成十一年法律第四十二号)第四条第二項」と、独立行政法人等情報公開法第十七条第一項中「開示請求をする者又は法人文書」とあるのは「法人文書」と、「により、それぞれ」とあるのは「により」と、「開示請求に係る手数料又は開示」とあるのは「開示」とする。
If a case has been transferred pursuant to the provisions of paragraph (1) and an incorporated administrative agency or other corporation which has received the transfer is to implement the disclosure, the head of the administrative organ who has transferred the case must provide the necessary cooperation in implementing the disclosure.
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.
Article 14Implementation of Disclosure
第十四条(開示の実施)
The disclosure of administrative documents is implemented by inspection or by the delivery of copies for documents or pictures, and by the method specified by Cabinet Order by taking into consideration the type of the record and the progress of development of information technology for electronic or magnetic records; provided, however, that in disclosing administrative documents by the method of inspection, if the head of an administrative organ finds that the inspection is likely to hinder the preservation of the administrative documents or there are other legitimate grounds, the disclosure may be implemented by using a copy of the documents or pictures.
The person who is to receive the disclosure of administrative documents based on a disclosure decision, must report the method of implementing the disclosure they desire and other matters specified by Cabinet Order to the head of the administrative organ who has made the disclosure decision, pursuant to the provisions of Cabinet Order.
The report under the provision of the preceding paragraph must be made within thirty days from the date the notice prescribed in Article 9, paragraph (1) has been given; provided, however, that this does not apply if there are legitimate grounds for not being able to make the report within that period.
The person who has received disclosure of administrative documents based on a disclosure decision may make a proposal to the head of the administrative organ on the intention to receive further disclosure, limited to within 30 days from the day they received the initial disclosure. In such a case, the proviso of the preceding paragraph apply mutatis mutandis.
Article 15Coordination with Implementation of Disclosure by Other Laws and Regulations
第十五条(他の法令による開示の実施との調整)
If an administrative document related to a request for disclosure is to be disclosed to any person in the same method as the method prescribed in the main clause of paragraph (1) of the preceding Article (if the period for disclosure is specified, limited to within that period), the head of an administrative organ is not to disclose the administrative documents in that same method; provided, however, that this does not apply if there are provisions in other laws and regulations providing that disclosure is not to be implemented in certain cases.
When the disclosure method prescribed by the provisions of other laws and regulations is public inspection, the preceding paragraph is applied by deeming that the public inspection is the inspection referred to in the main clause of paragraph (1) of the preceding Article.
第十六条(手数料)
A person who makes a request for disclosure or a person that receives disclosure of administrative documents must pay a fee for the request for disclosure in an amount specified by Cabinet Order within the scope of actual costs, or a fee for the implementation of disclosure, respectively.
When specifying the amount of the fee referred to in the preceding paragraph, consideration must be given to make the amount as user-friendly as possible.
前項の手数料の額を定めるに当たっては、できる限り利用しやすい額とするよう配慮しなければならない。
When the head of an administrative organ finds that there are economic difficulties or other special reasons, they may grant a reduction or an exemption of the fee referred to in paragraph (1), pursuant to the provisions of Cabinet Order.
Article 17Delegation of Authority or Affairs
第十七条(権限又は事務の委任)
The head of an administrative organ may, pursuant to the provisions of Cabinet Order (for organs under the jurisdiction of the Cabinet, and the Board of Audit, orders by those organs), delegate to an employee of the administrative organ the authority or affairs prescribed in this Chapter.
行政機関の長は、政令(内閣の所轄の下に置かれる機関及び会計検査院にあっては、当該機関の命令)で定めるところにより、この章に定める権限又は事務を当該行政機関の職員に委任することができる。