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.