Act on the Protection of Personal Information

If non-disclosure information is included in personal information an administrative entity holds that is subject to a request for disclosure, and it is possible to easily separate and exclude the part that constitutes non-disclosure information from the personal information, the administrative organ's head or administrative entity must disclose the part from which the part that constitutes non-disclosure information has been excluded to the person requesting disclosure.

If the information set forth in paragraph (1), item (ii) of the preceding Article (limited to information that can be used to identify a specific individual other than the person requesting disclosure) is included in personal information an administrative entity holds that is subject to a request for disclosure, and it is found that disclosure of the information would not be likely to cause damage to the rights and interests of a person other than the person requesting disclosure if the part in the information that constitutes a name, date of birth, or other identifiers or their equivalent that can be used to identify a specific individual other than the person requesting disclosure, or that constitutes an individual identification code were excluded from that information, the other part in the information from which the part mentioned above has been excluded is deemed not to be included in the information set forth in that item, and the provisions of the preceding paragraph apply to it.

Even if non-disclosure information is included in personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity may disclose the personal information the administrative entity holds to the person requesting disclosure, if they finds it particularly necessary to do so for protecting the individual rights and interests.

If non-disclosure information is supposed to be disclosed by merely answering whether or not personal information an administrative entity holds that is subject to a request for disclosure exists, the administrative organ's head or administrative entity may refuse the request for disclosure, without making the existence or non-existence of that personal information clear.

When disclosing all or a part of personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting disclosure of that decision, the purpose of use of that personal information to be disclosed, and matters specified by Cabinet Order relating to the implementation of disclosure in writing; provided, however, that this does not apply to the purpose of use in cases that fall under Article 62, item (ii) or item (iii).

If an administrative organ's head or administrative entity decides not to disclose any personal information the administrative entity holds that is subject to a request for disclosure (this includes the cases in which the administrative organ's head or administrative entity refuses a request for disclosure pursuant to the provisions of the preceding Article or does not hold that personal information), the administrative organ's head or administrative entity must notify the person requesting disclosure to that effect in writing.

Decisions on disclosure must be made within thirty days from the date of the request for disclosure; provided, however, that if an amendment is requested pursuant to the provisions of Article 77, paragraph (3), the number of days required for the amendment is not included within that period of time.

Notwithstanding the provisions of the preceding paragraph, if there are justifiable grounds such as difficulties arising from conducting processes, an administrative organ's head or administrative entity may extend the period of time prescribed in that paragraph for up to thirty days. In this case, the administrative organ's head or administrative entity must notify the person requesting disclosure in writing of the extended period and the grounds for the extension, without delay.

Notwithstanding the provisions of the preceding Article, if there is a considerably large amount of personal information an administrative entity holds that is subject to a request for disclosure, and there would be a risk that the performance of duties is considerably hindered if a decision on disclosure were made on all of those requests within sixty days from the date of a request for disclosure, it is sufficient for the administrative organ's head or administrative entity to make a decision on disclosure for a reasonable portion of the personal information the administrative entity holds for which disclosure has been requested within that period of time, and to make a decision on disclosure for the remaining personal information within a reasonable period of time. In this case, the administrative organ's head or administrative entity must notify the person requesting disclosure of the following matters in writing within the period of time prescribed in paragraph (1) of that Article:

the application of this Article and the grounds for its application;

due date for making a decision on disclosure for the remaining personal information the administrative entity holds.

An administrative organ's head or administrative entity may transfer the case to another head or entity upon consulting with them, if the personal information the administrative entity holds that is subject to a request for disclosure has been provided by an administrative entity other than one to which the head or entity in question belongs, or there are justifiable grounds for that other head or entity to make a decision on disclosure. In this case, the administrative organ's head or administrative entity that has transferred the case must notify the person requesting disclosure in writing to the effect that the case has been transferred.

If a case has been transferred pursuant to the provisions of the preceding paragraph, an administrative organ's head or administrative entity to which the case has been transferred must make a decision on disclosure in relation to the relevant request for disclosure. In this case, actions that the administrative organ's head or administrative entity that has transferred the case has made prior to the transfer are deemed to be those that the administrative organ's head or administrative entity to which the case has been transferred has made.

In the case referred to in the preceding paragraph, if the administrative organ's head or administrative entity to which the case has been transferred makes a decision set forth in Article 82, paragraph (1) (hereinafter referred to as a "decision to disclose" in this Section), the administrative organ's head or administrative entity must implement the disclosure. In this case, the administrative organ's head or administrative entity that has transferred the case must cooperate as necessary in the implementation of that disclosure.

If information on a person other than the State, an incorporated administrative agency or other prescribed corporation, a local government, a local incorporated administrative agency, or a person requesting disclosure (hereinafter referred to as a "third party" in this Article, Article 105, paragraph (2), item (iii), and Article 107, paragraph (1)) is included in the personal information an administrative entity holds that is subject to a request for disclosure, the administrative organ's head or administrative entity may notify the third party of the content of the information on that third party, and other matters specified by Cabinet Order, and may grant an opportunity to submit a written opinion, pursuant to the provisions of Cabinet Order, when making a decision on disclosure.

In the cases that fall under any of the following items, before making a decision to disclose, an administrative organ's head or administrative entity must notify the third party in writing of the content of the information on the third party that is subject to a request for disclosure and other matters specified by Cabinet Order, and grant that third party an opportunity to submit a written opinion, pursuant to the provisions of Cabinet Order; provided, however, that this does not apply to cases in which the third party's location is unknown:

personal information an administrative entity holds that contains information on a third party is to be disclosed, and it is found that the information on that third party falls under the information prescribed in Article 78, paragraph (1), item (ii), (b) or in the proviso of item (iii) of that paragraph;

personal information an administrative entity holds that contains information on a third party is to be disclosed pursuant to the provisions of Article 80.

If the third party that was granted an opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs has submitted a written opinion manifesting the intention to oppose disclosure of the information concerning the third party, but the administrative organ's head or administrative entity makes a decision to disclose, the head or entity must place at least two weeks between the day of the decision to disclose and the day on which the disclosure will be implemented. In this case, upon making the decision to disclose, the administrative organ's head or administrative entity must immediately notify the third party that submitted that written opinion (referred to as a "written opposition opinion" in Article 105) in writing to the effect that the decision to disclose was made, of the grounds for its decision, and of the date on which the disclosure will be implemented.

The disclosure of personal information an administrative entity holds is implemented through inspection or by the delivery of copies, if that personal information is contained in the form of documents or drawings; or by means designated by the administrative organ's head or administrative entity in consideration of the type of the record, the state of its digitalization, and other factors, if that personal information is contained in the electronic or magnetic records; provided, however, that if disclosure of personal information an administrative entity holds is to be implemented through inspection, and if the administrative organ's head or administrative entity finds that inspection of the original material is likely to hinder the preservation of the documents or pictures that contain the personal information, or there are other justifiable grounds for doing so, the disclosure of the personal information may be implemented through inspection of a copy of the documents or drawings.

An administrative entity must make its rules on the means of disclosure for electronic or magnetic records based on the preceding paragraph available for public inspection.

A person to whom personal information an administrative entity holds is disclosed based upon a decision to disclose must indicate the means of implementing the disclosure that the person requests and other matters prescribed by Cabinet Order to the administrative organ's head or administrative entity that has made the decision to disclose, pursuant to the provisions of Cabinet Order.

The indication under the preceding paragraph must be made within thirty days from the date of the notice prescribed in Article 82, paragraph (1); provided, however, this does not apply if there are justifiable grounds for being unable to make the indication within that period of time.

Notwithstanding the main clause of paragraph (1) of the preceding Article, if personal information an administrative entity holds that is subject to a request for disclosure is to be disclosed to the person requesting disclosure by the same means as those prescribed in the main clause of that paragraph pursuant to the provisions of other laws and regulations (only within the period of time for disclosure, if it is specified), the administrative organ's head or administrative entity does not disclose the personal information the administrative entity holds by that same means; provided, however, that this does not apply when there are those provisions in other laws and regulations to the effect that disclosure is not implemented in certain cases.

If the means of disclosure designated by the provisions of other laws and regulations is public inspection, that public inspection is deemed to be inspection referred to in the main clause of paragraph (1) of the preceding Article, and the provisions of the preceding paragraph apply.

A person that makes a request for disclosure to the head of an administrative organ must pay a fee prescribed by Cabinet Order within the actual cost, pursuant to the provisions of Cabinet Order.

A person that makes a request for disclosure to a local government organ must pay a fee specified by local ordinance within the actual cost, as prescribed by local ordinance.

When the amount of the fee referred to in the preceding two paragraphs is established, consideration must be given to making the amount as affordable as possible.

A person that makes a request for disclosure to an incorporated administrative agency or other prescribed corporation must pay a fee specified by the incorporated administrative agency or other prescribed corporation.

An incorporated administrative agency or other prescribed corporation specifies the amount of the fee referred to in the preceding paragraph within the actual cost, taking the amount of the fee referred to in paragraph (1) into consideration.

An incorporated administrative agency or other prescribed corporation must make the rules under the preceding two paragraphs available for general inspection.

A person that makes a request for disclosure to a local incorporated administrative agency must pay a fee specified by the local incorporated administrative agency.

A local incorporated administrative agency specifies the amount of the fee referred to in the preceding paragraph within the actual cost, taking the amount of the fee referred to in paragraph (2) into consideration.

A local incorporated administrative agency must make the rules under the preceding two paragraphs available for general inspection.