Subsection 2 Correction
第二款 訂正
Article 90Right to Request Correction
第九十条(訂正請求権)
Any person who thinks that the content of personal information an administrative entity holds by which that person is identifiable (the information is limited to the following; the same applies in Article 98, paragraph (1)) is untrue may make a request for correction (including addition or deletion; hereinafter the same applies in this Section) of the personal information to the administrative organ's head or administrative entity that holds it, pursuant to the provisions of this Act; provided, however, that this does not apply if a special procedure for correction of the personal information the administrative entity holds is prescribed by other laws and regulations:
personal information the administrative entity holds that has been disclosed based on a decision to disclose;
personal information the administrative entity holds that is subject to a decision to disclose, and has been disclosed pursuant to the provisions of other laws and regulations as provided for in Article 88, paragraph (1).
An agent may make a request for correction (hereinafter referred to as a "request for correction" in this Section and Article 127) as prescribed in the preceding paragraph on behalf of the identifiable person.
A request for correction must be made within ninety days from the date of disclosure of personal information an administrative entity holds.
Article 91Procedures for Requests for Correction
第九十一条(訂正請求の手続)
A document describing the matters listed in the following (referred to as a "written request for correction" in paragraph (3)) must be submitted to an administrative organ's head or administrative entity for a request for correction:
the name and address or residence of the person making a request for correction;
訂正請求をする者の氏名及び住所又は居所
the date of disclosure of the personal information the administrative entity holds that is subject to the request for correction and other matters sufficient for specifying the personal information the administrative entity holds;
an outline of the request for correction and the grounds for it.
訂正請求の趣旨及び理由
In the case referred to in the preceding paragraph, a person making a request for correction must present or submit a document to indicate that the person is identifiable by the information an administrative entity holds that is subject to the request for correction (or the in the case of a request for correction under paragraph (2) of the preceding Article, the agent of the identifiable person), pursuant to the provisions of Cabinet Order.
If an administrative organ's head or administrative entity finds a formal deficiency in a written request for correction, the administrative organ's head or administrative entity may ask the person who made the request for correction (hereinafter referred to as a "person requesting correction" in this Section) to amend the request, by setting a reasonable period of time.
If a request for correction is filed and an administrative organ's head or administrative entity finds that there are grounds for that request for correction, they must correct the personal information the administrative entity holds that is subject to the request for correction within the scope necessary for achieving the purpose of use of that personal information.
Article 93Measures Concerning a Request for Correction
第九十三条(訂正請求に対する措置)
When correcting the personal information an administrative entity holds that is subject to a request for correction, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting correction of that decision in writing.
When not correcting the personal information an administrative entity holds that is subject to a request for correction, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person requesting correction of that decision in writing.
Article 94Due Date for Decisions on Correction
第九十四条(訂正決定等の期限)
The decisions referred to in the items of the preceding Article (hereinafter referred to as a "decisions on correction" in this Section) must be made within thirty days from the date of a request for correction; provided, however, that if an amendment is requested pursuant to the provisions of Article 91, paragraph (3), the number of days required for that amendment is not included within this 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 correction in writing of the extended period and the grounds for the extension.
Article 95Exceptions to the Due Date for Decisions on Correction
第九十五条(訂正決定等の期限の特例)
Notwithstanding the provisions of the preceding Article, if an administrative organ's head or administrative entity finds that to make a decision on correction would require a particularly long period of time, it is sufficient for them to make a decision on correction within a reasonable period of time. In this case, the administrative organ's head or administrative entity must notify the person requesting correction in writing of the following matters within the period of time prescribed in paragraph (1) of that Article:
the application of this Article and the grounds for its application;
この条の規定を適用する旨及びその理由
due date for making a decision on correction.
訂正決定等をする期限
第九十六条(事案の移送)
An administrative organ's head or administrative entity may transfer the case to another head or entity upon consulting them, if the personal information the administrative entity holds that is subject to a request for correction is disclosed pursuant to Article 85, paragraph (3), or there are justifiable grounds for that other head or entity to make a decision on correction. In this case, the administrative organ's head or administrative entity that has transferred the case must notify the person requesting correction to the effect that the case has been transferred in writing.
If a case has been transferred pursuant to the provisions of the preceding paragraph, the administrative organ's head or administrative entity to which the case has been transferred must make a decision on correction in relation to the relevant request for correction. 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, when the administrative organ's head or administrative entity to which the case has been transferred makes a decision referred to in Article 93, paragraph (1) (hereinafter referred to as a "decision to make a correction" in this paragraph and the following Article), the administrative organ's head or administrative entity that has transferred the case must implement the correction based on that decision to make a correction.
第九十七条(保有個人情報の提供先への通知)
If an administrative organ's head or administrative entity has implemented a correction of personal information the administrative entity holds based on a decision to make a correction, and the head or entity finds it necessary to do so, they must give a notification to that effect in writing without delay to a party to which the personal information the administrative entity holds has been provided.
Subsection 3 Ceasing to Use Personal Information an Administrative Entity Holds
第三款 利用停止
Any person who thinks that personal information an administrative entity holds by which that person is identifiable falls under any of the following items may make a request for the measures specified in those items to the administrative organ's head or administrative entity that holds the personal information, pursuant to the provisions of this Act; provided, however, that this does not apply if a special procedure for ceasing to use personal information the administrative entity holds, deleting that personal information, or ceasing to provide that personal information (hereinafter referred to as "ceasing to use personal information" in this Section) is prescribed by other laws and regulations:
if the personal information the administrative entity holds is held in violation of Article 61, paragraph (2), is handled in violation of Article 63, is acquired in violation of Article 64, or is used in violation of Article 69, paragraphs (1) and (2):ceasing to use or deleting that personal information;
if the personal information the administrative entity holds is provided in violation of Article 69, paragraphs (1) and (2) or Article 71, paragraph (1):ceasing to provide that personal information.
An agent may make a request for ceasing to use personal information (hereinafter referred to as a "request for ceasing to use personal information" in this Section and Article 127) prescribed in the preceding paragraph on behalf of the identifiable person.
A request for ceasing to use personal information must be made within ninety days from the date of disclosure of the personal information the administrative entity holds.
For a request for ceasing to use personal information, a document describing the matters listed in the following (referred to as a "written request for ceasing to use personal information" in paragraph (3)) must be submitted to the administrative organ's head or administrative entity:
the name and address or residence of the person making a request for ceasing to use personal information;
利用停止請求をする者の氏名及び住所又は居所
the date of disclosure of the personal information the administrative entity holds that is subject to the request for ceasing to use personal information, and other matters sufficient for specifying that personal information;
an outline of the request for ceasing to use personal information and the grounds for it.
利用停止請求の趣旨及び理由
In the case referred to in the preceding paragraph, the person making a request for ceasing to use personal information must present or submit a document to indicate that the person is identifiable by the personal information the administrative entity holds that is subject to the request for the cessation (or the agent of the identifiable person, in the case of a request for ceasing to use personal information that is made pursuant to the provisions of paragraph (2) of the preceding Article).
When an administrative organ's head or administrative entity finds that there is a formal deficiency of a written request for ceasing to use personal information, the head or entity may ask the person having made the request for ceasing to use personal information (hereinafter referred to as a "person making a request for ceasing to use personal information" in this Section) to amend that request, by setting a reasonable period of time.
When a request for ceasing to use personal information is filed, and an administrative organ 's head or administrative entity finds that there are grounds for the request, the head or entity must cease to use the personal information the administrative entity holds that is subject to the request within the scope necessary for ensuring the proper handling of personal information in the administrative entity to which the administrative organ's head or administrative entity belongs; provided, however, that this does not apply if it is found that ceasing to use the personal information the administrative entity holds is likely to hinder the proper execution of the process or service relating to the purpose of use of that personal information due to their nature.
Article 101Measures on a Request for Ceasing to Use Personal Information
第百一条(利用停止請求に対する措置)
When ceasing to use personal information an administrative entity holds that is subject to a request for ceasing to use personal information, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person making a request for the cessation to that effect in writing.
When not ceasing to use personal information an administrative entity holds that is subject to a request for ceasing to use personal information, the administrative organ's head or administrative entity must make a decision to that effect, and notify the person making a request for the cessation to that effect in writing.
A decision set forth in the paragraphs of the preceding Article (hereinafter referred to as a "decision on ceasing to use personal information" in this Section) must be made within thirty days from the date of a request for ceasing to use personal information; provided, however, that in cases in which an amendment is requested pursuant to the provisions of Article 99, 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 making a request for ceasing to use personal information in writing of the extended period and the grounds for the extension, without delay.