Niseko Town Information Disclosure Ordinance Handbook

September 25, 1998 Ordinance No. 17
Revised June 21, 2000 Ordinance No. 35
Revised December 17, 2004 Ordinance No. 25

Table of Contents

preamble

The basis of town development is to think and act on our own town people as its main body. And, in order for us to think and act on our own, various information about the town and our way of thinking about town development must be provided sufficiently to us and explained. I think that this is the principle of democracy, and it is the origin of residents autonomy.
Now, as each person's values ​​become diversified and the socio-economic situation changes drastically, in order to create a better region, we learn from history and make efforts toward building new value It is required to do.
We are committed to promoting the disclosure and sharing of information so that various activities of community development are open to all people, to be fair and easy to understand, to feel proud of living, to share the joy of the local community "Our We will enact this ordinance for the creation of Niseko.

Commentary

In order to clarify "the idea of ​​community development" the aims of the town a preamble was set up.
The information possessed by the town is primarily of residents, and its activities must be constantly explained to the residents who are the subjects of the administration of local governments. We would like to seek for "fair" town planning where residents' autonomy will be performed more effectively in the future.

Chapter 1 General Provisions (Articles 1 to 4)

目的

Article 1 This ordinance establishes necessary matters concerning the procedure of requesting the disclosure of the information possessed by the town and other information concerning the sharing of information on the town, thereby ensuring the right to know individuals, clarifying the accountability of the town , With the aim of contributing to the promotion of fair and easy town development.

Commentary

1 "Right to know individuals" means the right for individuals to provide information to the town.
"Right to know" has various theories such as the theory that the freedom of speech and publication of Article 21 of the Constitution is its basis, but the right derived as one of fundamental human rights inherent in the democratic society . By clarifying it in this ordinance, it will be more clearly guaranteed as individual rights in Honcho.
2 "Accountability (ACCOUNTABLITY)" refers to the obligation of the town to explain its activities to townspeople, as corresponding to the rights the townspeople knows, and by clarifying it in this ordinance, the town We will fulfill our duty to the townspeople. Article 2 clarified the definition of the term.
3 "Fair and easy-to-understand community development" means that transparency is indispensable in order to advance town administration which fulfills the mission of solving public issues, there is no room for some profit or arbitrary judgment It means to promote open urban development.
4 The interpretation and operation of this ordinance shall be in accordance with the following basic principles.
(1) The information possessed by the town is to be released as a general rule, and the information to be kept private should be kept to the minimum necessary.
(2) In order to protect the individual's dignity as basic human rights, take maximum care into infringement of privacy.
(3) Try to make it easy to understand and accessible to townspeople.
(4) When disclosure of information is refused, guaranteeing fair and prompt relief.

定義

Article 2 In this Ordinance, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.
(1) Information sharing means that towns and townspeople possess and use information on town administration.
(2) Accountable responsibility of the town It is the responsibility to explain the various activities of the town to the local people.
(3) Mayor of executing agency, Board of Education, Election Administration Committee, Audit Committee, Agricultural Committee, Fixed Assets Evaluation Review Committee and Congress.
(4) Town administrative information Documents, drawings, electromagnetic records (electronic, magnetic, etc.) created or drawn by the staff of the executing agency, depending on human perception, (Hereinafter referred to as "documents, etc.") and similar items (hereinafter referred to as "documents, etc.") that are owned by the executing agency.
(5) Disclosure information Information that does not fall under any of the items of Article 6 and Article 7, among the information prescribed in the preceding item, and is information that is normally clearly disclosed.

Commentary

1 No. 1 relationship
"Information sharing" means that the town actively carries out necessary activities such as consultation on town planning, while providing the necessary information positively to residents and sharing the same information.
2 No. 2 Relationship
"Town accountability" describes the town's current situation and future vision, such as the contents of the comprehensive plan, the budget and settlement of the finances, issues of the town, various activities for these solutions, the situation of the organization, etc. to the residents To do.
3 No. 3 Relationship
This number stipulates the scope of institutions to which this system is applied, and the executing agency shall be all administrative organs of the town. In addition, the adjuncts such as councils belong to the management of each executing agency, so it is within the scope of this system.
4 Issue 4 Relationship
(1) "Created or acquired in the course of duties" means that the staff of the executing agency created or acquired within the range of the performance of the duties of the executing agency, not only drafting documents, important points of the meeting, memorandums Even if it is made on the performance of duties, it is included.
(2) "Preparation" means the point in time when the drafter has completed writing, if it is a draft document, including documents that are in the middle of approval.
(3) "Acquisition" means the point in time when the procedure of the receipt referred to in the document handling regulations has been completed, not at the time the circulation is over.
(4) Information on institutional delegation affairs is also included if it is "drafted or acquired".
(5) "Document or the like" means not only general drawings made using paper but also drawings, drawings, photographs, slides, microfilms, recording tape, video tape, magnetic tape, magnetic disk (FD , MO, MD, etc.), data recorded on a medium such as an optical disc, regardless of the form.
(6) "Management of the executing agency" means that the officials of the executing agency own documents prepared in the course of their duties, or that the executing agency regulates the administrative provisions (Regulation No. 2 of 1965) and preservation provisions of document editions (Showa era The 40th year regulation No. 10) and the like or the like.
5 No. 5 Relationship
"Disclosure information" means information excluding suspicious information corresponding to nonpublic information or nonpublic information among town administrative information, which is clearly known to be normally released.
6 Other
(1) Documents of various organizations whose members are townsmen who are doing office work at the original department are those created by the staff by their duties, so long as they are kept and preserved by the executing agency, information on third parties As the information that is included in this system.
(2) Listening to the conference itself is not included in the subject of information disclosure. However, conference proceedings, recording tapes, video tapes, floppies and the like that record the contents of the conference are subject to this system.
(3) The provision on "Town Administrative Information" specifies the scope of information covered by this Ordinance and whether or not to disclose such information shall be determined by the non-public reasons provided for in Article 6 and Article 7 It is judged whether it corresponds to whether or not it corresponds to.

Responsibility of executing agency

Article 3 When implementing this Ordinance, the executing agency shall treat the right to request public disclosure of Town Administrative Information so that it is respectfully respected, and that the privacy of individuals (the right not to make publicly information concerning privately and private life other than public) The same shall apply hereinafter) to the maximum extent necessary for the protection of personal information on individuals themselves.

Commentary

1 In this Article, in order to achieve the purpose of the information disclosure system, the information possessed by the town is to be disclosed in principle and the right to request information disclosure must be respected, but the information possessed by the town includes individual privacy There are things that include towns, but while disclosing information, we must not infringe on the privacy of individuals, and the right to disclose information is limited within this range is unavoidable .
2 "Maximum consideration for the protection of privacy of individuals" means that in implementing this system, it should not be operated so as to infringe personal privacy.
(6) "Management of the executing agency" means that the officials of the executing agency own documents prepared in the course of their duties, or that the executing agency regulates the administrative provisions (Regulation No. 2 of 1965) and preservation provisions of document editions (Showa era The 40th year regulation No. 10) and the like or the like.
 

Article 4 A person who received public disclosure of town administrative information pursuant to the provisions of this Ordinance shall not infringe on the privacy of individuals by the information gained by this, and shall not violate the preamble and the provisions of this Ordinance as provided for in Article 1 You must use this properly according to your purpose.

Commentary

(1) This Article establishes the obligation that users of the information disclosure system should observe in using this system.
2 Since this provision is limited to effectiveness as an introductory provision, abuse of the right to request disclosure of actual information or improper use of information obtained by request can not be cracked down directly Is a basis for guiding guidance on unfair practices.
3 "Use this appropriately in accordance with purpose" means to use the information requested only for the pursuit of its own interest without regard for the disadvantage of others.

Operation

(1) When it is known in advance that the claimant and the claimant fall under the acts of "public order and morality violation" prescribed in Article 90 of the Civil Code and it is known beforehand that it does not fall under the "proper use", the implementing agency shall comply with Article 12 of the Constitution and Civil Code 1 Based on the prohibition of the abuse of the right stipulated in the Article, there are cases where it can be refused to open for reasons of breach of obligation under this Article.

Chapter 2 Publication of town administration information

Section 1 Right to seek disclosure of town administration information

Right to claim disclosure of town administration information

Article 5 Any person may request the executing agency to release town administrative information.

Commentary

1 "Right to know" is a fundamental right derived from each article of the Constitution based on the idea of ​​information gathering rights inherent in democracy and the constitutional national sovereignty. It is against the equality of the law that this right is discriminated according to the living place. Also, the operating expenses of the town are not based on tax revenues etc. of Honmachi, but the public tax is widely used. Furthermore, as a municipality under the Japanese Constitution seeking international peace, residents' lives are established in relation to the international community. For these reasons, for Honmachi, which promotes town development that feels pride in living, its operation must withstand any number of surveillance and accountability must be fulfilled. Considering all these things comprehensively, it stipulated "as many".
2 "Any person" means a natural person including a foreigner regardless of being a Japanese citizen.
3 Even if it is a minor, a non-governmental, a semi-non-governmental, or the like, if he / she is able to prepare a request for information disclosure, he / she judges that he / she is in a state where he / she can display his / her intention and the legal representative , The guardian, or the curator, the request is valid.

Note: The curator is a person attached to a quasi-non-Japanese producer and who supports certain actions for protection. I have the consent of important legal acts, but I do not have the authority to represent.

Operation

1 When accepting a bill, it is necessary to consider the following points.
(1) Does the claim action conform to the purpose of this ordinance?
(2) Whether there is a problem with the execution of clerical work on the claim of the claimant by responding to a request made by a person other than the claimant owing to the large number of claims by the claimant.
(3) Is there a possibility that other administrative obstacles will arise due to a large amount of invoicing or a request requiring a large amount of labor in the processing of public affairs, even for a single request?
(4) Does not the third party information are included?
In the above cases, it is important to discuss the doubt with the claimant beforehand.
 

Public obligation of executing agency

Article 6 When there is a request pursuant to the provisions of the preceding paragraph (hereinafter referred to as a "request for public disclosure"), the executing agency shall record any of the information listed in the following items in the town administrative information pertaining to the said request Unless it is a case, the relevant town information must be released.
(1) Among information on corporations and other organizations (excluding national and local public entities and other public entities (hereinafter referred to as "national, etc.")) or individuals engaged in business (hereinafter referred to as "corporations, etc."), Do not publish it by disclosing on the condition that it is reasonable to admit to infringe the competitive position, property rights and other legitimate interests of the corporation etc, or reasonable reason to accept infringement of the legitimate interest, Information that has reasonable reason to admit that it is necessary and reasonable. Provided, however, that the following information shall be excluded.
Information acknowledged necessary to be disclosed to protect human life, health, living or property
(A) Information that is deemed necessary for disclosure to protect townspeople from illegal or unfair business activities of corporations, etc.
Information that is equivalent to U or I and that is deemed necessary to be disclosed specifically in view of public interest
(2) Information that is arbitrarily provided by an individual on condition that it is not to be disclosed and that is deemed to significantly impair the relationship of trust with the individual by disclosing it without obtaining consent from the individual
(3) Information that may interfere with the protection of human life, health, living or property, prevention of crime and other public safety and order by publishing
(4) The following information that may cause serious hindrance to fairness or smooth execution of town administration by publishing
Information concerning deliberations, considerations or investigations within the institution of town or between organizations, and by publishing, information which causes a significant obstacle to the deliberation, examination or investigation, etc.
Information concerning the affairs or businesses to be performed by town (hereinafter referred to as "town businesses, etc."), due to the nature of the business etc. of said town, by making it public, we lose the purpose of implementation of the project etc in said town , Information that may cause serious hindrance to the smooth implementation of the town's project etc.
Information relating to inquiries, considerations, consultations, research studies, etc. between the town and the national government, etc. and information that is deemed to cause serious obstacles to its cooperative relationship by publishing
 

Commentary

(1) This Article establishes the criteria for non-public information serving as an exception to the disclosure of information together with Article 7 and establishes the basis for refusing the request of the executing agency and its scope for the right to request disclosure of information .
2 In item 1, in response to the right to request the disclosure of information, from the viewpoint that freedom of business activities of corporations, etc. must be guaranteed in principle, information on corporations etc. from information Even if there is a request for disclosure, it specifies information that can be refused the exception in exception.
3 Exemptions are exceptions to the disclosure principle, whereas confidentiality obligations under Article 34 of the Local Public Service Act are civil service provisions. Both of them differ in their purpose and purpose, but the information that was disclosed without clarifying the scope of confidentiality and not falling under the applicable exemption items is subject to confidentiality under the Local Public Service Law It can be thought that the obligation is not imposed, and to that extent the scope of confidentiality obligations became clear. Please note that the confidentiality obligation under the Local Public Service Law does not refer to all secrets that you could learn about in terms of duties but is "real secret".
(4) Information that includes information that falls under any of the items of this Article may not be disclosed by the executing agency when a request for disclosure of such information is made, but this is exempted from the information disclosure obligation It is not merely a privilege obligation imposed.
5 No. 1 (information on corporate etc.) relationship
(1) "Corporate" means all corporations with legal personality such as foundation corporations such as corporations, limited companies, foundation corporations such as social welfare corporations, school corporations, medical corporations, incorporated associations and incorporated corporations. However, since the activities of the government, local governments, special local governments, land improvement districts, special corporations and other public entities have a public character and their character is different from those listed in the preceding paragraph, application of this issue I do not.
(2) "Organization" is a district, community association, various townspeople organizations, PTA, shop committee, etc. which do not have a corporate status but have the actual conditions as an organization such as the organization rules and representatives are determined .
(3) "Individuals engaged in business" means individuals who operate the goods sale business, livestock industry, medical industry, agriculture, forestry, etc.
(4) Public interest corporations are said to have public interest in their purpose of existence, but since all activities are not limited to public interest purposes, they are classified as ordinary corporations.
(5) "reasonable grounds for admitting violating the competitive position, property rights and other legitimate interests" means the know-how on production technology or business, information giving rise to disadvantage in terms of credit, Information that is disclosed as being disclosed in the internal information by fair disclosure of competition principle will be lost, information and social honor and trust will be lost, the autonomy of the organization will be weakened, the organization will be disturbed and freedom of association will be infringed .
(6) Whether or not it falls under the information in 5 above needs to be carefully judged not only by the content of the information but also by factors such as the nature and scale of the corporation, the positioning of the information in business activities, etc. is there. Where it is difficult to make a judgment, sufficient investigation should be made in advance, such as through hearings, to the corporation, etc.
(7) The information which does not correspond to the above information of 5 is as follows.
1 Any information that anyone can browse under the provisions of laws and ordinances
2 Information created or acquired for the purpose of publishing town residents by the town
3 Information that anyone can know from materials voluntarily released for corporate purposes by PR
4 Even information belonging to secrets on business, information that the material is processed and processed like statistics and as a result individual corporations, etc. can not be identified
5 Information concerning permission, license, notification etc. made pursuant to the provisions of laws and regulations, information excluding secret-related information etc. in the document
6 Information on expenses of subsidies, etc., information excluding secret related information etc. in the document
(8) For the handling of "information arbitrarily provided by corporations, etc on condition that they are not to be disclosed", it is based on the example of handling of "information arbitrarily provided by individuals on condition that they are not made public" in the next issue.
(9) (a) "Information that is required to be disclosed to protect human life, body, life or property" is actually occurring due to the business activities of a corporation or the like, or occurs in the future Means information that is required to be disclosed for prevention, prevention of expansion or prevention of recurrence against the anticipated harm or damage.
(10) "Illegal or unfair business activities" means business activities that are contrary to the provisions of the Act, or business activities that are not reasonably valid in light of social norms without contrary to the provisions of the law.
(11) B "Information that is deemed necessary to disclose to protect townspeople" means that it is actually occurring or is expected to occur in the future due to illegal or unfair business activities of corporations, etc. Information that is required for disclosure in order to prevent, expand or prevent recurrence against harm or damage.
(12) "Information conforming to a or b" means, at the present time, information on the destruction of the living environment and the natural environment is considered as a specific example.

Information corresponding to corporate information

分類SubclassificationExemplary details of information
Information on production, technology etc.Information on the status of production activity(1) Information on production items, production volume, shipment amount
(2) Information on the type and amount of raw materials used
(3) Information to be opened for scale, structure, arrangement, performance, performance of machine equipment operation etc
(4) Other information that clarifies the contents of production activities
Information on plans and policies of production activities(1) Performance, Specifications, Development Status of New Products, Production Processes, Information to be Opened at the Time of Production Start
(2) Information on production plans / policies etc. of new products and other production items
(3) Information on planning and shipping schedule etc of raw material department etc (4) Information on new facilities, new plants
(5) Information on the number, scales, capabilities, etc. of machinery and equipment, etc. related to new / renewal etc.
(6) Information on the timing, expenses etc. of the establishment of facilities etc.
(7) Information on employee placement plan / training plan, financing plan etc
(8) Other planning related to production activities, information on which the policy content becomes clear
Information on technical know-how(1) Information on the model, number of units, scale, capability, etc. of machinery and equipment
(2) Information on utilization techniques of machinery and equipment
(3) Information on management of production processes, quality control of products, etc. (4) Information on inventive ideas / ingenuity etc. of designers etc. displayed
(5) Information on coefficients, calculation formulas, etc. used for design
(6) Information on the type of machines etc. used for the design, utilization techniques, etc.
(7) Information on technical know-how related to communication, information processing, etc.
(8) Other information on secrets of production, technology etc.
Information on sales, sales etc.Information on sales and sales activities(1) Information on sales performance, contract record, contract details, etc.
(2) Information on the names of business partners, customers, etc., contents of transactions, actual results, delivery information situation, etc.
(3) Information on partnerships between companies, subcontractors, etc.
(4) Information on cost, unit sales price, etc.
(5) Information on order route, order unit price, etc.
(6) Sales method Other information on business know-how etc. (7) Information on secrets of other sales and operating activities
 Information on sales, planning of sales activities, policy, etc.(1) Information on sales plan, estimate of sales amount, eyes drift etc. (2) Information to be opened for order planning, negotiation plan / policy, etc.
(3) Future prospects of business · Information on management policy etc.
(4) Information on expanding the sales floor space, remodeling stores, etc.
(5) Information on new establishment, relocation etc of business office, office, branch etc
(6) Information on the size, contents, etc. of stores, sales offices, administrative offices, etc. related to new establishment / relocation etc.
(7) Procurement schedule of funds · Information on procurement method etc.
(8) Investment schedule, information on investment target etc.
(9) Others concerning secrets of aggregate fields etc of sales and sales activities
Information credit informationInformation on management status, asset content, debt contentEvaluation of business condition, amount of receivables, contents, borrowing amount, borrowing conditions borrower, repayment total field: repayment situation, contents of human and material security, information to be opened for evaluation
Other credit information
 Accounting informationInformation on accounting such as money payment
Information on internal management of corporations, such as accounting and personnel affairsPersonnel information(1) Information on the number of employees, name, arrangement, work situation, employment plan etc.
(2) Information on salary, remuneration and other working conditions of employees
Information on internal management of exclusively other organizations
Information that is deemed to harm other legitimate interests

Information that falls under "Notice" in the information on corporations, etc.

分類Exemplary details of information
Information needed to protect human life, body, health and lifeIt is necessary to make it public for prevention of the harm to people's lives etc. such as pollution caused by business activities of business operators, phytotoxicity, food poisoning, etc, elimination of harm currently occurring, prevention of expansion, prevention of recurrence, etc. Information recognized as having
Information required for protecting townspeople from illegal or unfair business activities of corporations, etc.Information that is deemed necessary for disclosure to prevent obstacles to town residents' lives caused by illegal or unfair business activities of business operators, to prevent the occurrence of obstacles that have occurred beforehand, to prevent the spread, to prevent expansion, to prevent reoccurrence, etc.
Information that conforms to these and which is deemed necessary to be disclosed specifically in view of public interest

Information that does not fall under the information infringing on the legitimate interests of corporations, etc. and is subject to disclosure

分類Examples of applicable informationDescribed contentsBasis
Information that is permitted to be viewed by any person according to laws and regulations, etc. * Information that is only permitted by interested parties, etc., and limited by the number of persons as stipulated by laws and regulations Does not include what you have.(1) Information recorded in the register of trade business such as registrar, etc.Purpose, company name, name and address of director etc., amount of capital etc.Article 10, Article 11 of the Commercial Registration Act
(2) Information recorded in the land registry, building registryLocation / land / area of ​​the land, location, type, structure, floor area of ​​the building, name and address of the registered right holder, cause of registration etc.Article 21 of the Real Estate Registration Act
(3) copyright registration register / publication right registration register, information recorded in the adjacent right registration registerTitle of the work / name of the performance etc, name of the author / nationality etcSections 78, 88, 104 of the Copyright Act
(4) Information recorded in the patent registry etc.Setting, storing, transferring etc. of exclusive license · normal license, such as setting and transfer of patent right etc.Section 186 of the Patent Act
(5) Information recorded in the design original register, etc.Registration design etc etc, setting / transfer of design rights etc, exclusive license · setting, saving · transferring etc. of normal license etc.Article 63 of the Design Act
(6) Information recorded in the utility model register etc.Name, contents of registered utility model, setting / transfer of utility model right, setting / storage / transfer etc of exclusive license · normal license etc.Utility model law Article 55
(7) Information recorded in real estate appraiser registryName, trade name, officer name, real estate appraiser's name, office name / address etc.Article 31 of the law on appraisal value of real estate
(8) Information recorded in documents concerning residential building contract trader name thinning, license under licenseName, company name, officer's name, office name / address etc.Article 10 of the housing land building trading business law
(9) Information recorded in the architect's office registryName of first office and second class, office name / address, officer, architect name etc.Article 23 - 8 of the Building Engineer Law
(10) Information recorded in the travel agency registerName of trade name, species of travel industry, name of business office, location etc.Article 21-2 of the Travel Business Act
(11) Information recorded in the general construction business license application form (including attached documents)Name, trade name, name and address of business office, capital amount, officer name etc.Article 13 of the Construction Industry Act
(12) Information recorded in factory location survey bookSite area of ​​the factory etc. · Construction area (excluding matters pertaining to secrecy of the business operator)Article 3 of the factory location law
(13) Information recorded in the political organization balance income report etc.Total amount of income and expenditure of political organizations · Amount by item, Person who donated and name, name etc. of person who donated contributionArticle 20 of Article 20 of the Political Fund Control Regulation Act
(14) Information recorded in the building plan summaryName and name of architect, outline of building etc.Article 93-2 of the Building Standards Act
(15) Information recorded in the development registerName and full name of person who got development permission, outline of planned building etc.Article 47 of the Urban Planning Act
(16) Information that any other person can view
Information created for publication(1) Information recorded on shopping street roster voluntarily provided by corporations, etc. on the premise of public announcement, factory roster, etc.
(2) Information that any person can know from information voluntarily issued by a corporation, etc. for the purposes of PR etc. (information described in company history, pamphlets, etc.)
(3) Information that agrees with the corporation etc. concerning publication
Information for which statistical processing has been performed and a specific corporation or the like is not identifiedCommercial statistics, aggregated results etc. of industrial statistics etc.
4 No. 2 Relationship
(1) "Without prejudice" means that "Do not use for other purposes", "Strictly observe confidentiality", "Do not disclose" etc. in the contract, outline, survey etc. Or provided by the provider of the information on condition that it must not be disclosed at the time of providing the information or after it is provided.
(2) "Information arbitrarily provided by individuals" means information voluntarily provided without being based on the basis of laws and ordinances.
(3) Even if information provided by an individual arbitrarily on condition that it is not disclosed, it is not obvious that it is not closed to the public, and it is recognized that it is extremely difficult to obtain cooperation of the individual by disclosure As long as it is private.

Information provided on condition that it is not to be disclosed

分類SubclassificationDocument Subject Example
On the condition that it is not disclosed, arbitrarily provided informationBy publishing, cooperative relations with information providers, information that is deemed to be extremely difficult to trustQuestionnaire on various questionnaire survey, Recommendation related documents etc. of various awards candidate etc.

Information on public safety and order maintenance

分類SubclassificationDocument Subject Example
Information that may interfere with the protection of human life, body, property etc. by publishingInformation on the schedule of actions of specific individuals and the like, as a result of which the person is likely to suffer from crime or other informationSchedule of guests in Japan and overseas
Information providers such as crime / illegal acts, fraudulent acts, whistleblowers, victims of crime, reference persons, etc. can be identified, and as a result, information that may cause harm to these personsInformation provider name etc in complaint accusation record of pollution / violation building etc.
Information that may hinder the prevention of crime and crackdown on administrative obligations by publishingInformation that may interfere with the prevention of crimeCriminal inquiry inquiry reply document
Building security guard outsourcing document
Poisonous and deleterious materials storage ledger etc.
Information that could jeopardize the purpose of controlling administrative duty violationsImplementation plan of regulation
Information that may hinder the securing of public safety by making it public
5 No. 3 Relationship (Information on Public Safety and Order Maintenance)
(1) "Protection of human life, health, life or property" means to protect individual life or the like from the danger of crime or to eliminate such risk.
(2) "Prevention of crime" means preventing criminal acts in advance, whether they are criminal offenses or administrative offenses, for example, information that may induce crimes such as security diaries, It can be made private from the standpoint of prevention.
(3) "Maintaining other public safety and order" means to prevent and prevent crime, investigation, protection to prevent the rules of laws and regulations necessary for social life from being harmed, and to eliminate the danger.
(4) "Information that protects people's lives, health, living or property, prevention of crime, or other information that interferes with public safety and order maintenance" may be as follows.
1 The schedule of action of a specific individual and the like are clarified, and as a result, information that the person is likely to suffer from crime or the like
(2) Information providers such as crimes, illegal acts, misconduct, etc., whistleblowers, victims of crime, reference persons, etc. can be identified, and as a result, information that may cause harm to these persons
3 Information that may interfere with the prevention of crime
4. Information that may impair the purpose of crackdown on administrative duty violations

6 No. 4 Relationship (Information to be Opened to Executive Administration)
(1) When this information is released by the information disclosure system, concerning information that makes it difficult for securing fairness or smooth execution of town administration, there is a demand for disclosure of information from the requester Even if it is possible to refuse to publish.
(2) "Information" that falls under the provisions of this item is as follows.
1 Information on deliberation, consideration, survey research, etc.
2 The interpretation of the scope should not be interpreted in a broad sense from the purpose of proceeding with publication, and should be judged comprehensively from the viewpoint of residents autonomy.
(4) "Inside the institution of the town" means all institutions in the town, the institutions (town mayors, boards of education and other administrative committees) and their adjuncts (councils, councils, etc. ) As well as officials of executing agencies and others.
(5) "Information on deliberation, consideration or investigation, etc." means information created or acquired for the purpose of directly using it for deliberation, examination, survey research, opinion adjustment, consultation, etc. within the town, , Information created or obtained in connection with these deliberations and the like shall be included.
(6) "Information causing serious hindrance to the deliberation, review or investigation, etc." includes the following.
1 Information that is immature information and inaccurate understanding or misunderstanding to townspeople by publishing
2 Information that makes it impossible to exchange opinions freely and frankly by publishing
3 Information that makes it impossible to obtain sufficient consideration materials in the future by publishing
4 Other information that has remarkable obstacles to deliberation, examination, investigation, etc. by making it public
(7) Draft drafts are thought to be documents concerning deliberation and examination from the time they were drafted by the drafter, but as a matter of course they will not be closed to the public, but as described in 6 (6) above It is a criterion of judgment whether or not it corresponds. Also, in many cases, the examination stage before drafting is a substantial deliberation and review process, and it is considered formal from the drafting to the decision, so it is necessary to consider it together.

Information on deliberation, consideration, survey research etc.

分類SubclassificationDocument Subject Example
Information that has remarkable obstacles to deliberation, review, investigation, etc. by making it publicInformation that is immature information and inaccurate understanding or misunderstanding to townspeople by publishingAmong the information concerning the examination within the agency, information corresponding to this item
Information that can not freely and frankly exchange opinions by publishingInformation corresponding to this item in the meeting record and report of the council and the internal agency meeting
Information that makes it impossible to obtain sufficient consideration materials in the future by publishingOf the materials collected for the planning and examination of administrative projects or the materials for consultation, coordination etc. necessary for administrative operation, information corresponding to this item
Information that has remarkable obstacles to deliberation, examination, investigation, etc. by making it public
7 The provisions of Item 4 (Information on the implementation of the project) are the purpose of the business of the town that intends to secure the interests of the townspeople without giving profits to specific people regarding the information to be opened for the administrative business conducted by the town From the viewpoint of securing the smooth execution of administrative projects.
(1) "Information on the affairs or business of the town" generally means all information held by the executing agency.
(2) "Information that makes it impossible to lose the purpose of implementing the project etc in the said town, or has serious obstacles to the smooth implementation of the project etc in the said town" is as follows.
(1) Information that prevents fair and appropriate execution of the administrative work by publishing
(2) Information that gives unfair profit or disadvantage to a specific person by publishing
3 By publishing, the expenses of projects have increased significantly, or the timing of implementation is significantly delayed, information that administrative disorder markedly becomes confused
4 Information that prevents fair enforcement such as impairment of the exercise of the town by publishing
5 Information other than information that obstructs the implementation of the administrative project itself or makes it difficult for the administrative work to be carried out by making it public
(3) "Significant obstacles" can not indicate specific criteria, but for the reason of possible possibility of falling under (2) above when deciding whether to disclose or not open, easy It should not be decided to be private to.

Information on project implementation

分類SubclassificationExample of document subject
Information that makes it impossible to lose the purpose of implementing the administrative project by publishing Items of inspection, auditing, enforcement etc., test questions before implementation · scoring criteria
Information that can make the purpose of implementation of the administrative project lost by other public disclosure
Information that remarkably hinders the smooth implementation of the administrative work by making it publicInformation that prevents fair and proper execution of the administrative work by publishingBid scheduled price, construction design document, loss compensation calculation standard book
Information that gives unfair advantage or disadvantage to a specific person by publishingReal estate appraisal report, tentative place designation ledger etc.
By publishing, the cost of the project has increased significantly, or the timing of implementation is significantly delayed, information that administrative confusion is remarkably confusedProposed land acquisition plan, property relocation compensation contract, land sales contract
Information that prevents fair enforcement, such as losing the exercise of the town by disclosing itAn answer book concerning a case · a meeting material with an attorney when preparing a preparation document
By disclosing other information, information that has a serious obstacle to the smooth implementation of the administrative work
8 The provisions of item 4 (c) (information on relationships with the State, etc.) concerning the information created or acquired by Honmachi under the cooperative relationship with the national government and local governments, has made a significant cooperative relationship with the country and other local governments It was decided from the viewpoint of preventing damage and securing the smooth implementation of administrative office work of the town administrative office.
(1) "Country etc." is the same as the provision of No. 1 (information on corporations, etc.).
(2) "Information on inquiries, discussions, consultations and survey research" means any information, regardless of inquiry, consideration, consultation or other expressions made by Honmachi in a passive position, depending on the will of the opponent, with cooperation Or acquired information.
(3) "Information that may cause serious hindrance to cooperative relations" means the following items.
1 Of the things concerning the business plan, the implementation and adjustment of projects, those that need to be closed to ensure cooperative relations with the national government, etc.
Those that are requested not to publish from two countries, etc, or those with private arrangements
Those that are provided by the three countries, etc. that need to be kept private, in order to secure cooperative relations with the country etc
4 In cases where there is a condition to the effect that it should not be made public without approval of the state etc. within the provision of the contract etc in investigation etc etc by investigation etc. from the country etc etc until publicly announced in the country etc. There is an explicit instruction to the effect that it will not
(5) Regarding affairs of the State, etc, those that are requested for consultation, etc. in the town and also do not publicize information on the affairs in the country etc
6. Regarding inspections etc. from the national government etc., those not publicized in the country etc
7 Necessary to publish in a unified manner across the country
(4) "Significant obstacles" means that it is not easy to decide to be private, on the grounds that there is a possibility of falling under (3) above when deciding whether to disclose or not.

Information on relations with the country etc

分類SubclassificationExample of document subject
Regarding administrative work to be carried out by the town, information prepared or obtained through negotiation, request, etc of the country etc, requested not to be disclosed from the country etc, or those with private arrangementsBusiness plan, implementation and adjustment of project, etc. Of those that need to be secret to secure cooperative relations of the country etc 
Those that have a request to not disclose from the country etc, or those with private arrangements 
Among the information provided from the country etc, those that need to be kept private, especially in order to secure cooperation and relations with the country etc. 
Opened to administrative projects implemented by the government, etc, which are prepared or obtained by negotiation, request etc from the country etc etc, which are not publicized even in the country etc etc, until the state etc , Which clearly indicates that it should not be made public without the approval of the state etc.Requests from the government, etc., commissioned by delegation etc, etc. That have conditions that the public notice should be made without the approval of the state etc. within the provisions of the contract etc, or publicly announced in the country etc What is clearly stated 
Regarding administrative affairs of the country etc etc, consultation etc in the town is sought and those which do not publicize information on the affairs in the country etc. 
Things related to inspection etc. from the country etc etc, which are not made public in the country etc. 
Things that need to be publicized throughout the country 

Town administrative information that should not be disclosed

Article 7 In the case where there is a disclosure request, if any of the information listed in each of the following items is recorded in the town administrative information pertaining to said disclosure request, the executing agency shall disclose said town information should not be done.
(1) Information concerning the individual's name, thought, religion, physical characteristics, health condition, family composition, academic qualification, employment history, address, affiliated organization, property, income etc (excluding information on the business of the individual conducting the business) Information that is deemed to be legitimate to wish that a particular individual is identified or can be identified, generally not wanting others to be known to others. Provided, however, that the following information shall be excluded.
A. Information that any person is permitted to view according to the laws or regulations (hereinafter referred to as "laws and regulations, etc.")
(A) Information that has been prepared for the purpose of disclosing, or acquired
(C) Information on permission, license, etc. based on the provisions of laws and regulations, etc. that are found necessary for public disclosure
(D) Name, status and information on the duties of persons who were civil servants or civil servants in the case of performing duties
(2) Information that is clearly stipulated as being unable to be disclosed due to the provisions of laws or regulations, or that information is clearly indicated due to interpretation of the provisions of said laws and regulations

Commentary

1 The provisions of item 1 shall not be able to respond to information that violates the privacy of individuals, even if there is a request for disclosure of information from the requester, in order to protect the individual's dignity as basic human rights For example.
(1) "Information relating to individuals" means information on personal information such as information on family registering matters, educational qualifications, occupations, employment history, criminal record, information on career, ability, grades, mind and body: morbidity: diseases, injuries, examination, medical treatment etc Information on circumstances, income information, ideas such as religion, information on beliefs, household situations, dwelling conditions and so on.
(2) Even for information on individuals, information on the business of individual business operators is excluded as it is dealt with in item 1 of the preceding article. However, this provision applies to personal information unrelated to the project (family situation etc.).
(3) "What specific individuals can be identified or identified" means information that can be identified or identified by a particular individual from the information.
(4) "Information that is generally accepted as wishing that others do not want to be known to others" is information that infringes so-called privacy, but which information violates privacy is , Since the manner of feeling is different depending on the individual, no unambiguous standards are established.
(5) In the case where the publicly requested information includes personal information of general townspeople, the degree to infringe on the privacy of the individual is usually interpreted extensively, and a specific individual is identified or identified All information to obtain.
(6) Generally, if a name etc. is stated, a specific individual is identified, so according to the principle of partial disclosure, these are deleted and made public. However, even if the name etc. are deleted, those that are likely to be able to distinguish individuals from other parts are kept private.
(7) Recently, information on the name of the opponent who received the convenience from the town tends to be strictly judged whether infringement of privacy is infringed, such as judgment by judgment that it should be made public. It is necessary to carefully judge considering the extent of public interest of disclosing information.
(8) In the case where the information requested to be disclosed contains information that the staff of the town did in the course of his / her duties, information on the individual pertaining to said official shall not be interpreted as information that infringes the privacy, Shall be made public, including job title and name. However, personal information that is not related to addresses and other duties in information relating to individuals shall be kept private.
(9) "Anyone can view" means that any person can view it under the law, but virtually does not include browsing limited to interested persons.
(10) "Publication" does not indicate only when actively disseminating to townspeople in general through the publicity etc. of the town, but provides information according to desires of the townspeople as the responsibility of executing the administrative project or administration It is also planned that it is planned.
(11) "Necessary for Public Interest" means a thing with an active reason to be disclosed from the viewpoint of protecting the lives, body, etc. of the townspeople from harm and ensuring public safety.

Personal Information

分類SubclassificationExample of document subject
Information on Family register Information on name, address, gender, date of birth, birth place, nationality, domicile, relationship, relationship, adoption, marriage, divorce, cognition, death, inquisitive, semi-non-governmental, etc.
Information on careerInformation on academic background etcRecord of school name, entrance / graduation year, academic record, withdrawal / body science / suspension etc etc, information on extracurricular activities such as club activities etc.
Information on occupation, work history, etc.Information such as the name of company / organization, position, position of employment, duration of employment, date of employment / retirement, performance promotion / evaluation of duties such as promotion of promotion / descent of descent, assignment of duties, dismissal / suspension of suspension
Information open to other backgroundsAward history, crime, violation, history of guidance, information on entry history to rehabilitation facility / social welfare facility etc, information on group joining history etc.
Open to the inside etc. of an individualConcerning disability etc. of the bodyPresence / absence / degree of psychiatric disorder, presence / absence of physical disability, information on the part / degree of disability, etc.
Information on diseases, injuries, etc.Name of injury / illness, history of injury or illness, information on cause of injury or illness etc
Information on examination, medical examination etcInformation on examination relation, examination name, presence or absence of examination, findings of injury or illness, nursing record, training record, content of treatment 1 method (presence / absence of medication, different from hospitalization and hospitalization etc)
Other information about mind and bodyInformation on health status, blood type, physique, physical strength, appearance, exercise capacity, etc.
Information on property status and income Status of assets (types and prices of real estate · movable property, contents of claims, obligations etc). Information on income (amount of salary income · transfer income, etc., amount of deposit etc.)
Information on ideas, creeds, etc. Thought, creed, faith, religion, principle, assertion, information to be held in supporting party etc.
Information to open to personal life etcInformation on home situationFamily relationship, support for openness to support, information on living together / separately etc.
Information on residential situationInformation on different households / rental houses, dwell period, floor plan of residence, number of people living together
Other information on individual lifeContents of various consultations, contents of complaints / requests, information on hobbies / preferences, traffic relations, etc.

Information corresponding to the "notes" of information on individuals

分類SubclassificationExemplary details of information
Examples of applicable informationDescribed contentsBasis
Information that is permitted to be viewed by any person according to the provisions of laws and ordinances * Information that is permitted only to interested parties, etc., and limited by any person as stipulated by laws and ordinances Does not include things.Concerning notarization(1) Information recorded in the Commercial Register of the Corporation, etc.Purpose, verification, name of the director etc, address, amount of capital etc.Article 10, Article 11 of the Commercial Registration Act
(2) Information recorded in the land registry, building registryLocation / land / area of ​​the land, location, type, structure, floor area of ​​the building, name and address of the registered right holder, cause of registration etc.Article 21 of the Real Estate Registration Act
(3) copyright registration register / publication right registration register, information recorded in the adjacent right registration registerTitle of the work / name of the performance etc, name of the author / nationality etcSections 78, 88, 104 of the Copyright Act
(4) Information recorded in the automobile registration fileName and address of owner, car name / form, location of head office etc.Article 22 of the Road Trucking Vehicle Act
(5) Information that can be viewed by any other person
Other(1) Information recorded in the campaign expense expenses reportName, address, donation amount etc. of person who donated to lawmakerArticle 192 of the Public Offices Election Act
(2) Information recorded in the building plan summaryName and address of the building owner, outline of the building etc.Article 93-2 of the Building Standards Act
(3) Information recorded in the development registerName of person who got development permission, outline of planned building etc.Article 47 of the Urban Planning Act
(4) Information that can be viewed by any other person
Information created or acquired for the purpose of publicationInformation arbitrarily provided by the principal on the premise of publication(1) Information such as career, political opinion, etc. provided by the candidate for inclusion in the election bulletin
(2) Contribution to the publications of the town etc.
About information to be made public, information that the principal agrees(1) Those agreeing on what the principal will publicly announce in request, etc. for town
(2) Those who have agreed that the principal will make public on the volunteer list etc.
(3) Those who have agreed that the principal will publicly announce it in various circle lists
Information that any person can know from materials voluntarily published by individualsIndividual occupation announced in press coverage, publications etc, affiliated organization etc.
Information that has been publicly announced and that there is no reason not to announce it in futureName list of commerce committee members, names of winners, names of committee members such as councils and councils, personnel changes after the issuance
Information that is created or acquired in connection with permission, license, notification etc based on regulations such as laws and regulations and other regulations prescribed by law enforcement agencies, which is deemed necessary for public interest to publish(1) Among the information on the permission of development activities, those that are deemed necessary for public disclosure
(2) Among the information on the building confirmation, those that are deemed necessary to be disclosed on the public interest
(3) Others that it is deemed necessary to publish on the public interest from the viewpoint of ensuring the protection of other people's life, body, health, etc. and other public safety
2 In Item 2, the provisions of laws and individual regulations shall prevail over the provisions of this Ordinance that sets out general provisions, so information that can not be disclosed due to the opening of laws, ordinances, ordinances and ordinances There is a provision that there is.
(1) "Laws, etc." means laws, cabinet orders, ministerial ordinances, ordinances, and includes notices from the government in the delegation of offices.
(2) "Information for which the fact that it can not be made publicly stated or clearly indicated due to the interpretation of the provisions of said laws and regulations" generally means the following.
1 In accordance with the provisions of the explicit statement, information for which browsing or duplication is prohibited
2 Information forbidden to use for other purposes
3 Information on which confidentiality obligation is imposed by special laws such as local tax laws
4 Information that is prohibited from being issued for inspection or duplication due to notification from the government, etc. in the information pertaining to the delegated administrative agency

Those that are instructed not to be disclosed by the competent minister etc.

分類SubclassificationExample of document subject
Information concerning the processing of institutional delegated affairs, which clearly states that it should not be made public by the competent ministerInformation concerning the processing of institutional delegated affairs, which clearly states that it should not be made public by the competent minister 

Information that can not be disclosed by law

分類Applicable laws and regulationsExemplary details of information
Described contentsSpecific examples of documents
Information prohibited by browsing etc. with the provisions of the manuscriptPosting Procedure Article 47Information on litigation before trial court 
Copyright Article 21 ArticleCopy of copyright (Restriction on delivery of copy) 
Information for which prohibited use is prohibitedStatistics Act Article 15Questionnaires collected for preparing designated statistics (census, establishment statistics, industrial statistics, commercial statistics, housing statistics, agricultural census etc)Designated statistical survey survey roster, census household list, census department map etc.
Information on which confidentiality obligation is imposed by individual laws and regulations地方税法第22条The secret that the person who engaged in the affairs related to the survey concerning the local tax, the person who was engaged in knowing about the affairsDeclaration form, salary payment report, tax register etc.
Article 19-2 of the statistical lawMatters concerning the confidentiality of individuals, corporations or other organizations who have engaged in administrative work related to designated statistics, statistical investigators, or persons who have these positions with regard to the execution of their dutiesDesignated statistical questionnaire
Occupational Safety and Health Act Article 104Employees who engaged in the affairs of the implementation of medical checkups, the physical and mental and physical defects of other workers who knew about their implementation Other secretsHealth checkup Personal card, medical certificate etc
Article 4 of the Fire Service Law, Article 34Secrets of stakeholders who knew when a firefighter staff entered a related place and inspected or asked questions 
Basic Resident Register Article 35The secret that the person engaged in the affairs related to the Basic Resident Register or who had been engaged in knowing about the affairs 
Other purposes Purpose of laws and regulations Information that is deemed unpublishable in light of the purposeSupreme Court Dec 19, 1952 Second small court decisionStandard rate table of business income prepared by tax authorities and information on efficiency classification by business 

Partial disclosure of town administration information

Article 8 The executing agency shall be able to easily separate the part in the case where the following information is recorded in the town administrative information pertaining to the request for public disclosure, When it finds that it will not be impaired, except for that part, it shall make public the relevant town information.
(1) Information that falls under any of the items of Article 6 and that is not disclosed due to that fact
(2) Information that falls under any of the items of the preceding Article

Commentary

(1) In this Article, if there is a mixture of a part that can be disclosed and a part that can not be disclosed in the requested information, respond to requests for disclosure of information as much as possible by partially deleting the parts that can not be disclosed For example.
2 Generally, in a document, there are many cases where a part which can be disclosed and a part which can not be disclosed are mixed. In this case, if the entire document can not be opened due to the presence of unpublicable parts, the scope of disclosure of information is limited and there is a possibility that the purpose of information disclosure may not be achieved, and therefore application exclusion Excluding the portion that becomes and release the rest.
3 "Separate easily" refers to separation without taking much cost and time, or without physical difficulty.
4 "When the purport of disclosure is not impaired by separation" means that the information that the lecturer wants to know is judged from the purpose of the request for public disclosure based on the remaining information separating the information corresponding to the application exception It means things that can be fully known.
5 When the part to be made non-disclosed and the part to be released are described on the same page, either copy it covering the portion to be made non-disclosed or copy it all and make it private Make sure to erase the part with magic etc and publish it by copying it.

Treatment of information on existence of town administrative information

Article 9 The executing agency shall, only in cases where it is recognized that the life, body or honor of a particular individual is infringed only by answering whether town administrative information on the disclosure request exists or not, the executing agency It can not clarify the existence of existence.

Commentary

(1) When refusing a disclosure request, it is a principle to clarify the presence or absence of a document relating to a request for disclosure and to explain the reason. However, in the case of information that would injure the interest protected by the provision of information that should be kept private only by clarifying the presence or absence of information pertaining to the disclosure request, You can refuse the request.
As an example, information on medical history of a specific individual, information on specific goods that may have a serious influence on the lives of residents by causing temporary uneasiness, etc. are anticipated.
2 This provision is considered mostly in relations with other countries of the country, criminal information, etc. It is considered to be a small case in the town, but it is prescribed in view of progress of informationization and trends of decentralization.

Section 2 Procedures for Requesting Publication of Town Government Information

Method of disclosure request

Article 10 A person who intends to request disclosure of town administrative information shall submit a request stating the following matters to the executing agency.
(1) Name and address (for corporations and other organizations, the name, the address of the office or establishment and the name of the representative)
(2) Matters necessary for identifying town administrative information on disclosure request
(3) In addition to what is listed in the preceding two items, matters specified by the executing agency

Commentary

1 The invoice shall be submitted either directly to the General Affairs Division or the General Affairs Division with the information coming to the Office, or accepted by mail.
(2) In the case where the information pertaining to the disclosure request is "Disclosure information (information clearly indicating that it does not fall under the provisions of Articles 6 and 7)", omitting the creation of the invoice, The request action shall be completed by writing it in the register.
3 Since it is assumed that the information on the invoice is insufficient, when accepting the request, it is necessary to make sufficient adjustments with the requester. In addition, if the claimant can not identify the information, he / she should listen to the intention of the requestor's request and make maximum cooperation in specifying that information (see Article 41).
4 The official who accepts the claim shall explain to the requestor to correct the insufficient portion if the written description of the submitted bill is insufficient and that the description is insufficient You can not refuse reception (see the Administrative Procedure Ordinance).
5 If the amount of information to be requested amounts to an enormous amount and a large number of days are required for processing procedures, please explain the processing procedure etc. to the requester and request to change to divisional request or extraction request You can do.
6 "Matters specified by the executing agency besides those listed in the preceding two items" means the method of disclosure (categories of viewing / viewing, delivery of copies, sending of copies), classification of claims, how to contact the requester Telephone number, fax number) and the like.
7 The invoice shall use the form prescribed in the Ordinance for Enforcement of the Ordinance.

Operation

(Window)
(1) The common window of each executing agency that accepts a claim shall be the General Affairs Division. However, if the townspeople submit a request to directly request information at the original department regarding the information belonging to the original division, the original department will accept the request.
(Receptionist clerk)
2 Clerk acceptance affairs shall be carried out in the general affairs section or original section as follows.
(1) In order to identify the information pertaining to the request for public disclosure, sufficient interview is required. In this case, the original department is checked to see if the request is specific possible information.
(2) If the information pertaining to the request can be provided by a system (laws and regulations, etc.) other than the information disclosure system, explain it to be conducted based on other systems, and not to accept the request action of the information disclosure system .
(3) If the requested information is disclosed information, write it in the ledger and promptly disclose it.
(4) In the case of invoicing, please describe the description, check whether there are any points such as omission, mistake, uncertainty in content, etc. If the written invoice submitted is insufficient, request Explain to the person to correct the insufficient part.
(5) If the request form is in place, accept the invoice and stamp the receipt stamp on the invoice.
(6) For those who wish to submit the invoice, those who do not respond to the amendment of the invitation by all means are accepted, depending on the content of the deficiency, the case where the document can not be identified and the publication can not be done Explain to the effect.
(Checklist)
3 Items to be checked on the invoice shall be as follows.
(1) Confirm whether the postal code, address, full name, and telephone number are stated accurately due to notification of the decision on billing and other communication
(2) Confirm whether disclosure method is designated
(3) Confirm whether the information on the request is embodied to the extent that it can be identified
(Explanatory items to the requester)
4 The explanation to the claimant shall be as follows.
(1) To notify the notice of public and private decision within 15 days. To extend this period, mail a notice separately to that effect.
(2) The date of publication, the place is shown in the notice of the decision of disclosure. Also, for those who wish to deliver a copy and to send it, the cost and remittance method are indicated.
(3) If there is no notice even after 30 days have elapsed, it is deemed that there was a non-disclosure decision and appeals can be made.
(Processing within Office)
5 In order to comprehensively manage information concerning information disclosure so that it can be grasped throughout the town, the request received at the General Affairs Division, after taking the receipt number at the opening of each implementing machine, send a copy of it to the original department. A request received at the original department sends the original to the general affairs section, and performs the same processing.
(Mailing request)
6 Requests by postal mail, fax or e-mail shall be as follows.
(1) Request by postal mail, fax or e-mail is possible.
(2) By telephone, only those who can not prepare a document due to physical obstacles, etc. will accept by a person who answers the phone by writing an application form.
(3) Mail, FAX, telephone bills will be accepted at the General Affairs Section and the current section. In this case, the confirmation items pertaining to insufficient description of the invoice shall be made by means of documents, telephone, fax, etc. and shall be carried out by a method with less burden on the claimant.
(4) In the case where the description of the invoice is insufficient, if the claimant can not be contacted, accept the invoice as soon as the invoice arrives at the executing agency, and make an amendment in parallel with the disclosure / non-disclosure decision Request.

Decision on disclosure request

Article 11 When there is a request under the provisions of the preceding Article, the executing agency shall decide whether or not to publish the town administrative information pertaining to said disclosure request within 15 days from the day when said disclosure request was made Must be done.
(2) Where there is a justifiable reason for not making a decision within the period prescribed in the preceding paragraph, the implementing agency may extend the period prescribed in the same paragraph within 15 days. In this case, the executing agency shall promptly notify the person who made the request for public disclosure (hereinafter referred to as the "requester") in writing the reasonably extended period and the reason for the extension.
(3) When making the decision set forth in paragraph (1), the implementing agency shall promptly notify the requesting party in writing of the contents of said decision.
(4) In the case referred to in the preceding paragraph, when the executing agency has made a decision not to disclose all or part of the town administrative information pertaining to the request for disclosure, the executing agency will append the reasons to the document prescribed in the same paragraph, We must explain to the person.
(5) When the reason for the decision prescribed in the preceding paragraph is temporary and the time when the town information or the part not to be disclosed can be made public can be specified beforehand, the executing agency shall notify that fact and the time It shall be appended to the document of paragraph 3 and explained to the requester together.
(6) If the executing agency does not decide whether or not to make the publication within the period prescribed in paragraph 1 (within the period after the extension if the period is extended pursuant to the provisions of paragraph 2) , The requesting party can be regarded as having a decision not to publish.

Commentary

6 In the event that the information on the request can not be disclosed, the reason for refusal shall be written concretely as much as possible. In addition, we explain the reason why it can not be disclosed in detail and try to understand as much as possible.
7 When the reason that can not be disclosed in paragraph 5 is "temporary" and the time when it is possible to disclose in the future can be clearly indicated (in the case of about 3 years), clearly indicate the due dates and notify the fact.
8 In paragraph 6, "to be deemed to have been made" means to disclose the information within 15 days from the date of request for information disclosure (in case of extension, date of deadline after extension) It means that if you do not notify you, you can take the next action on the premise of a nonpublic decision, such as appealing by assuming that the claimant made a private decision.

Operation

(Clerical work at the original department)
The administrative process at the original department shall be conducted in the following manner.
(1) Check the contents of the invoice by copying the invoice sent from the General Affairs Division, and retrieve the information on the request. If the document is handed over to the document management supervision section, it is lent through a predetermined procedure.
(2) In the information pertaining to the request, we check whether it falls under applicable exemption items, and when there are matters belonging to the information disclosure department and other responsibilities, we discuss with the department about acceptance or rejection.
(3) Determination of approval / rejection concerning information disclosure is made according to the draft. In this case, the original department will make a draft and the General Affairs Division will make a consultation.
(4) The same shall apply to the decision to extend the term as in (3)
(5) The original draft after the approval shall be sent to the General Affairs Division, and the General Affairs Division shall send a copy of it to the original department.
(6) The above items (1) - (5) are examples of department heads of town mayors, and at each executing agency, the chief of the executing agency proceed according to the form of the executing agency in a reasonable manner.
(7) Transportation in the case of different executing agencies shall be handled in accordance with Article 14.

(Notice to Claimant)
2 The notice to the claimant is made by the General Affairs Division pursuant to the report from the original department (1 (5) above).
(3) Where information on third party is included in town administrative information pertaining to disclosure request, it shall be handled pursuant to Article 15.

Deciding not to reveal existence of information

Article 12 If the executing agency does not clarify the existence of the information pursuant to the provision of Article 9, he / she shall make a decision to that effect within fifteen days from the date of the request for disclosure.
(2) Upon making the decision set forth in the preceding paragraph, the executing agency shall promptly notify the requesting party on the contents of the decision by written person. In this case, the reason shall be attached to the document and also explained to the requester together.
3 The provisions of paragraphs 2 and 6 of the preceding Article shall apply mutatis mutandis to the decision under paragraph 1.

Commentary

1 This is a procedure of "non-disclosure decision" that does not clarify the existence of information, breaking private events of Article 6 and 7 just by answering that existence of information is not present As shown in Fig.
(2) Where this decision act exceeds 15 days, the provision of Article 11 shall apply mutatis mutandis.

Procedure in the case where town administrative information on disclosure request is absent

Article 13 When there is no town administrative information pertaining to a request for disclosure, the implementing agency shall take any of the measures listed in the following items within 15 days from the date of the request for disclosure.
(1) To make a decision not to publish on the grounds that the town information is absent.
(2) To make a decision to the effect that new documents or the like relating to the town administration concerning the disclosure request are newly created or acquired, and that the document etc is made public to the requester.
(2) When making the decision set forth in item 2 of the preceding paragraph, the executing agency shall promptly notify the fact to that effect, the prospect of the timing of disclosure under the provisions of that item, and other matters specified by the Regulations in writing .
3 The provisions of Article 11, paragraphs 2 to 6 (excluding paragraph 5) relate to the decision of item 1 of paragraph 1, the provisions of paragraphs 2 and 6 of said Article 1 2nd item 2 Matters concerning decision of issue.
(4) When the executing agency newly created or acquires related documents, etc. Pursuant to the decision of paragraph 1 item 2, the executing agency shall promptly inform the claimant of the town administration Notify in writing that matters specified by other regulations to disclose information.

Commentary

1 When the information is absent
(1) No. 1 relationship
With respect to items for which it is impossible or impossible to prepare and acquire the information pertaining to the request for public disclosure or there is no reasonable reason to create or acquire newly, purport to the effect that "not to be disclosed due to being absent" "Shall be made. In this case, make a non-disclosure decision, state that the target information is absent as a reason for non-disclosure, write it in the decision notice and state the reason for being non-existent.
(2) No. 2 relationship
With respect to items that can create and acquire information on disclosure requests and that is recognized as contributing to the interests of the town, new documents or the like shall be created or acquired and the information disclosed.
(3) "The one that contributes to the interests of the town" in (2) above means the following.
(1) A document or the like to be created does not greatly affect the ordinary work in carrying out administrative tasks such as large amounts, and creating it is recognized as being effective for the work of the town.
2 "What is also effective for the work of the town" means that the created documents, etc. as town administrative information are not yet created because they are valuable to save and manage in the future or should be organized in the future .
(4) In the judgment of 1 and 2 above, in light of the purpose of information disclosure, we will endeavor to respond by taking the standpoint of information disclosure requestors.

Transport of cases

Article 14 When the executing agency has reasonable grounds for making decisions based on the provisions of the preceding three Articles at the other executing agency when the town administrative information on the disclosure request is prepared by another executing agency May consult with the other implementing agency and transfer the case to the other executing agency. In this case, the transferring implementing agency shall notify the claimant in writing that he / she has transferred the case.
(2) When a case has been transferred pursuant to the provisions of the preceding paragraph, the implementing agency that has received the transfer shall make a decision under the preceding three Articles on the said request. In this case, the act performed by the implementing agency that carried out the transfer shall be deemed to be done by the implementing agency that received the transfer.
(3) In the case referred to in the preceding paragraph, if the implementing agency that has received the transfer makes a decision to the effect that the document, etc. Will be released pursuant to the provisions of Article 11 paragraph 1 and Article 13 paragraph 1 item 2, , It shall implement the disclosure of such documents, etc, as provided for in Article 16. In this case, the implementing agency that made the transfer must cooperate necessary for the implementation of the disclosure.

Commentary

(1) When the information pertaining to the disclosure request is information on another executing agency or when it is information that cross over another executing agency, this case is transferred to the executing agency having the information concerning the handling of the information.

Operation

With respect to the transfer of a case, we shall deal with items that do not fall under the disclosure information, and we will make efforts to disclose information by contacting the executing agencies with regard to disclosure information.
In transferring the two cases, the transferred executing agency will proceed with the procedure of the disclosure request from the time when the transferred executing agency receives the transfer, but the executing agencies shall cooperate with each other and work on the administrative work.
(3) In the case where the information pertaining to the disclosure request spans a plurality of executing agencies, the General Affairs Division serves as the point of contact and advances the general affairs work to reduce the burden on the user.

Hearing opinions to third parties

Article 15 The executing agency records the information on the town administrative information pertaining to the request for disclosure concerning the town and any person other than the requester (hereinafter referred to as "third party" in this Article and Articles 20 to 22) In case of making a decision under Article 11, paragraph 1 and Article 12, paragraph 1, notify the third party pertaining to said information of the town administrative information display concerning the disclosure request and other matters specified by the executing agency Then, the third party can give an opportunity to express his / her opinion.
(2) Notwithstanding the provisions of the preceding paragraph, the executing agency shall, notwithstanding the provisions of the preceding paragraph, make a decision of Article 11, paragraph 1 and Article 13, paragraph 1, item 2 (the city Prior to making a decision to publish all or part of the political information), inform the third party of the town administrative information display or other matters specified by the executing agency in writing , The third party should give the opportunity to express his / her opinion. Provided, however, that this shall not apply if the location of the third party is unknown.
(1) In the case of making public information of town administrative information in which information on a third party is recorded, and such information is prescribed in Article 6 (1) a to c and Article 7 (1) c When it is deemed applicable to information.
(2) Public information of town administrative agencies including parts having information concerning the third party concerning town administrative information in which information on a third party is recorded that falls under any of the items of Article 6 When trying to make a decision to the effect.
(3) In the case where a third party has expressed an opinion against third party disclosing town administrative information including a part having information on the third party pursuant to the provisions of the preceding two paragraphs, the town administration When making decisions to disclose information, it shall have at least two weeks between the date of such decision and the date of publication. In this case, immediately after the decision, the executing agency shall notify the person who has written the opinion in writing in writing, to the effect that the decision has been made, the reasons thereof, and the date of the disclosure.

Commentary

1 "Third Party" means information on third parties other than Honmachi, such as individuals, corporations, and countries.
2 "It is possible to listen to the opinion of the third party as necessary" is determined in order to more appropriately judge whether or not to disclose, and prior notice or hearing in the administrative procedure It does not have the personality as a person, nor does it give any consent rights publicly or privately.

(Information to be opened to a third party)
When there is a request for public disclosure of information on third parties, the original department can listen to the opinions as follows, before making a decision on public or nonpublic decision.
(1) For information opened to individuals, information that should not be disclosed in Article 7, item 1

(Information corresponding to infringement of privacy).
(2) Whether information concerning a corporation falls under the competitive position of the juridical person, etc. as prescribed in Article 6, item 1, that infringes property rights and other legitimate interests.
(3) Listening to the opinions falls under Articles 6 and 7, and when information that is undisclosed is clear, or when it is obviously information to be disclosed, it is omitted.
(4) To hear opinions, request cooperation so that they can receive the answer within one week, and set the schedule of listening.
(5) When hearing opinions, the following matters shall be added to the draft of acceptance or rejection.
A Date of the survey
A Outline and results of the survey
C counterparty's counterparty
4 When you decide to disclose information that contains information on a third party for whom you requested public disclosure, notify the third party in the following manner.
(1) This notice shall be made on the following items pursuant to Article 5, Form 6 of the Ordinance Enforcement Regulations, by the head of the original department.
A. A statement that he / she intends to approve the disclosure request
A Content of disclosure request that is about to be accepted
─ When is scheduled to be released
Other necessary items
(2) The notification is made at the same time as the notice of public / nonpublic decision to the requester.
(3) An announcement to a third party is drafted at the original department and sent to the third party at the original department. To the General Affairs Division, replace the report with the sending of the original.
(4) The General Affairs Division shall send copies of the original proposal sent to the original department.
5 The date and time of publication shall be after the date on which a substantial period (approximately two weeks from the date of notice to a third party) elapses in order to be necessary for a third party to take a procedure for relief. However, if this is the case, shorten this period and set it.
(1) When it is necessary for public interest to promptly disclose such information.
(2) It is clear that it does not harm the rights and interests of third parties, and there is no need to set a period of two weeks.

Implementation of disclosure

Article 16 When the executing agency has made a decision to release town administrative information pursuant to the provision of Article 11, paragraph 1 (hereinafter referred to as "disclosure decision"), promptly notify the requestor We must make public the town administration information.
2. Public disclosure pursuant to the provisions of the preceding paragraph shall be made by inspection of town administrative information pertaining to the request for disclosure or delivery of a copy. However, when the executing agency deems it necessary, it can be carried out by a method separately prescribed by another rule taking into consideration the progress of regional information conversion and the like.
(3) When the executing agency publishes the town administrative information relating to the disclosure request, it may damage or destroy the document or the like that recorded the information, when performing the disclosure according to Article 8, other rational If there is a reason, it shall be made public by copying the document or the like, outputting it from the document or the like or extracting it.
4 Publication of town administrative information by inspection or duplication under the provisions of paragraph 2 shall be made at the date and time and place designated by the executing agency. In this case, the executing agency shall designate the date and time and place in consideration of the convenience of the requesting party.
5 The provisions from paragraph 2 to the preceding paragraph shall apply mutatis mutandis to the disclosure of documents, etc. pertaining to the decision of Article 13, paragraph 1, item 2.

Commentary

1 "Browsing" is performed by directly looking at documents, drawings, drawings, photographs, etc., and browsing is performed on information that can be done.
2 "Watching" is performed by viewing or listening to information that can not be viewed, such as a video tape, converted using a device that converts the content of the information into information that can be understood, and viewing is performed by browsing To implement information that can not be done.
3 Since information is recorded in the form of magnetic information or the like on the medium, even information that can not be directly viewed can be converted to information with paper as a medium by the printer, it is used for viewing by the printed one In principle.
4 "Delivering a copy" means copying or duplicating information for which publication is decided and delivering copied or duplicated information.
5 In principle, copying of information that can be viewed can be made by copying the information to be browsed by the electronic copying machine in the agency. However, since it is a large size etc, we will outsource those that can not use equipment inside the agency. Provided, however, that in this case, with regard to the fee charged for outsourcing, agreement on the burden of expenses shall be obtained for those who made a request for disclosure.
6 For the creation of a copy of information other than 5, for information that can be used by using the device corresponding to that information, information is disclosed in consideration of the user's convenience.
Example: Recording tape, floppy disk
 

Operation

In the case where there is a desire to copy on a specific medium from the requestor in the information recorded in the form of magnetic information or the like in one medium, it responds within the possible range.
2 The request by e-mail is already held as magnetic information and it corresponds only when it can be transmitted easily. We will not deal with the time being when the obstacle is caused in the performance of administrative work and those that create administrative burden.

Commission etc.

Article 17 Commission related to the disclosure of town administrative information shall be free.
(2) When the requestor requests the delivery or sending of a copy of the town administrative information, the fee for preparing and sending a copy of said town administrative information shall be borne by the claimant.
(3) When the implementing agency finds economic difficulties or other special reasons, he / she may exempt the fee set forth in the preceding paragraph pursuant to the provisions of the Rules.

Commentary

1 The expenses required for viewing or viewing information shall be free from the purpose and purpose of this Ordinance.
The same shall apply to the cost required to prepare a copy when a copy of the original is used for inspection.
2 "Expenses required for preparing copies" shall be the expenses required for copying by dry copying, expenses related to paper, and costs related to media such as magnetism.
3 "Expenses required for sending copies" means postage and communication costs.
 

Operation

(Payment Method)
(1) The method of payment of expenses required for the creation of a copy in the case where the requestor visits the office is as follows.
(1) The staff of the General Affairs Division creates copies and collects the costs corresponding to it by the payment slip.
(2) If the amount billed is large, the officials will prepare a copy and at the same time give the payment to the requester, after confirming the receipt, issue it. A large amount of money means an amount of more than 2,000 yen.
2 The method of payment of expenses required to prepare a copy in the case where the requestor does not visit the office is as follows.
(1) Opening Decision Due to the payment enclosed with the notice, the requester pays the expenses to the designated financial institution, and after confirming the payment, a copy is delivered.
(2) A method in which a claimant mails a registered mail or a small change in advance in advance and issues it after confirming it.

(Amount of Expenses)
3 The amount of expenses to be paid by the claimant shall be as follows:
(1) Items that can be copied by the dry copying machine in the Office 20 yen per sheet
(2) 100 yen per copy that can be copied by the color copy machine inside the Office
(3) Those that can not be copied unless an external contract is made Amount required for the copy
(4) Copy of sound recording tape etc. Amount required for the reproduction
(5) Cost required for sending The amount required for the sending

(Cost of FAX)
4 The amount of expenses to be paid by the requester when the requestor requests the sending of a copy by FAX shall be 10 yen per sheet in order to prepare the manuscript required for FAX.

(Floppy cost)
5 In the case where the requestor requests the disclosure on a floppy disk, those that do not interfere with the work are issued by floppy. In that case, the cost is 100 yen per piece.

(Clerical charge collection)
5 In principle, the General Affairs Division shall be responsible for the collection of expenses.
6 Paragraph 3 Relationship (see Article 7 of the Regulations)
(1) "Economic difficulty" means a household with welfare protection.
(2) "When we find that there are other special reasons" means the following cases.
1 When it is clear that the disclosed information will be used for public interest
2 When other town mayor specifically acknowledges

Section 3 Special case of disclosure information

Special case of disclosure request pertaining to disclosure information

Article 18 With regard to a request for disclosure pertaining to disclosure information, submission of the same Article may be omitted, notwithstanding the provision of Article 10.
(2) In the case referred to in the preceding paragraph, a person who intends to make a request for public disclosure shall inform the executing agency of the matters listed in each item of Article 10.
3. When the request for disclosure of disclosure information is made, the executing agency promptly makes a public decision regarding the disclosure information regardless of the provisions of Article 11, paragraph 1 and 2 and Article 16, paragraph 1 , Disclosure of the disclosure information shall be made.
(4) In the case prescribed in the preceding paragraph, when the executing agency immediately discloses the disclosure information pertaining to the disclosure request to the requesting party, the executing agency may not issue notification under the provisions of Article 11, paragraph 3 . In this case, it is deemed that there was a disclosure decision of the disclosure information with the disclosure of the disclosure information.
(5) The provisions of the preceding paragraphs shall not be construed as imposing restrictions on the procedural rights concerning disclosure requests of the claimant pursuant to the provisions of the preceding paragraph with respect to disclosure information.

Commentary

1 This is based on the idea of ​​"automatic opening principle" from the idea that the information possessed by the town is "originally the residents who are members of local governments", and if the burden on the claimant is reduced With the rationalization of administrative in mind.
(2) In the case where the information pertaining to the disclosure request is disclosure information, in the case that the information can be released immediately, consideration should be given so that it can be disclosed on the spot or as much as possible at the date and time desired by the claimant.
3 As stipulated in paragraph 5, this Article is a special case for simplifying the procedure for promptly conducting public affairs by reducing the burden on the requesting party in the request for disclosure, and special provisions on procedures and claims It is not stipulated.

Town administrative information regarded as disclosure information

Article 19 Even if the executing agency does not fall under Article 2, item 5, the municipal administration information that made the decision on disclosure and the decision of Article 13, paragraph 1, item 2 is Article 2, item 5 And deemed it as disclosure information prescribed in.

Commentary

1 Even information that did not fall under the disclosure information shall be handled as disclosure information as to the published information as a result of the examination if there is a disclosure request for the same information. However, keeping in mind that it is comprehensively judged the provisions of Articles 6 and 7, relationships of third party information, etc., and immediately all information is not automatically considered as disclosure information . (This is why we say that the end of the sentence is "to be something.")

Section 4 Procedure on Appeal

Commentary

(1) This Article stipulates relief measures in cases where the claimant is dissatisfied with the decision made by the executing agency, and is processed in accordance with the Administrative Appeal Act.

Appeal

Article 20 Regarding the decisions of Article 11, Paragraph 1, Article 12, Paragraph 1 and Article 13, Paragraph 1, Items 1 and 2 (hereinafter referred to as "Public Decisions"), the Administrative Appeal Act (Showa 37 Yearly Law No. 160), the executing agency that should make a decision or decision on the appeal shall, without delay, respond to any appeal under the following circumstances: Niseko Town He / she shall consult the Information Disclosure Committee (hereinafter referred to as the "Judging Committee") on the determination or decision on the appeal.
(1) When the appeal is obviously illegal
(2) Cancellation or change of a public decision or the like pertaining to an appeal (excluding a decision to disclose all of the town administrative information pertaining to the disclosure request, hereinafter the same shall apply in this item and Article 22) by a ruling or a decision And to disclose all of the town administrative information pertinent to the complaint. Provided, however, that this shall not apply to cases in which an opinion to the effect that the third party is opposed to the disclosure is stated based on the provisions of Article 15, Paragraph 1 or 2 with respect to such disclosure decision, etc.

Commentary

1 "Appeals based on the Administrative Appeal Law" means that a person who is dissatisfied with the administrative agency's disposition or acts involving the exercise of public authority shall appeal to the relevant administrative agency or the senior administrative agency, appeal, Or illegitimate, and requests correction of illegal or improper disposal etc.
2 Appeals shall be appealed to each executing agency themselves.
3 There are the following items that can be appealed by the claimant prescribed in Article 5.
(1) When the disclosure request is rejected as inappropriate law
(2) In the case where the executing agency did not accept the request for disclosure
(3) If there is no response after 30 days have elapsed from public / private decision
(4) When it is determined to be nonpublic because it falls under nonpublic reasons stipulated by the Ordinance (including cases where the relevant information and information are absent in Article 6, Article 7)
4 Those that can be appealed by a third party prescribed in Article 15 may be infringed directly on their own rights and interests by the decision made by the executing agency.
(5) A person who is dissatisfied with the decision of the executing agency may file a lawsuit under the administrative case litigation law in addition to appeals, but which one is selected is left to the person concerned and an appeal You can file a lawsuit after doing.
6 An appeal can also be made by an agent. In this case, a document evidencing delegation shall be attached.
7 The form of appeal is not stipulated in the Administrative Appeals Act but is prescribed by the document of Article 9 of the same law. Therefore, explain to use the reference style of the provision or to submit a document stating the following matters.
(1) Name, address, age of appellant (in case of a juridical person, name and address)
(2) Disposition that caused the appeal (such as non-disclosure decision)
(3) Date when we learned that the above disposal was done
(4) Purport of appeal
(5) Reason for appeal
(6) Presence or absence of teaching by the disposal agency (executing agency) and its contents
(7) Date of appeal
(8) Name, address and seal of the representative or administrator, general or proxy (if the complainant is a juridical person or other association or foundation, the representative or administrator, when the appellant has elected the generations together When it appeals by a proxy, Satoru.
(9) Appellant's seal (in the case of (8), the person's seal)

(Clerical office processing)
8 In the General Affairs Division, when an appeal is made as a window of appeal, the following processing is carried out.
(1) The appellate review shall be conducted in the following matters.
A) Whether or not the above-mentioned (statutory) description item is filled in.
(A) Whether or not to file an appeal within 60 days counting from the day following the day when he / she learned that there was a disposition of public / private.
(C) Whether or not the rights and interests of the person were directly infringed by public / private disposition.
(2) Even if the appeal is inappropriate, if it can be amended, order the amendment by specifying the period.
(3) At the time of formal examination, we will accept reception if conforming, take numbers at each executing agency, and send a copy to the original department.
9 When copies of complaints are sent from the General Affairs Division at each executing agency (General Affairs Section at the Mayor, General Affairs Division for other executing agencies), the following processing is performed.
(1) Confirm its contents and, if it falls under the following matters, decide to dismiss.
· If the appeal is inappropriate and uncorrectable
(2) When consulting with the Administrative Affairs Division and other related divisions concerning such appeal, if judging that it can be made public, cancel the non-public decision and make a decision of publication.
(3) For complaints other than those decided to be rejected or disclosed, consult the Information Disclosure Committee.
(4) Preparation of the draft of (1), (2), (3) is done by each executing agency, and the general affairs section consults.
(5) The original draft of the proposed draft is sent to the General Affairs Division, and the General Affairs Division sends a copy of the original to the original department.
(4) The notice to the appeal is made by the General Affairs Division pursuant to a report from the executing agency (3 (5) above).
(5) Complaints other than complaints and other consultations are handled by the General Affairs Division.

(Processing at General Affairs Division)
10 In the General Affairs Division, when an appeal is made as a window day of appeal, the following processing is carried out.
(1) The appellate review shall be conducted in the following matters.
A) Whether or not the above-mentioned (statutory) description item is filled in.
(A) Whether or not to file an appeal within 60 days counting from the day following the day when he / she learned that there was a disposition of public / private.
(C) Whether or not the rights and interests of the person were directly infringed by public / private disposition.
(2) Even if the appeal is inappropriate, if it can be amended, order the amendment by specifying the period.
(3) At the time of formal examination, we will accept reception if conforming, take numbers at each executing agency, and send a copy to the original department.

(Processing at Executing Agency)
11 When copies of complaints are sent from the General Affairs Division at each executing agency (General Affairs Section at the Mayor, General Affairs Section for other executing agencies, original section), the following processing is performed.
(1) Confirm its contents and, if it falls under the following matters, decide to dismiss.
A. If the appeal is inappropriate and uncorrectable
A) When not responding to the correction order
た When the period of correction related to the correction instruction has elapsed
(2) When consulting with the Administrative Affairs Division and other related divisions concerning such appeal, if judging that it can be made public, cancel the non-public decision and make a decision of publication.
(3) For complaints other than those decided to be rejected or disclosed, consult the Information Disclosure Committee.
(4) Preparation of the draft of (l), (2), (3) is carried out by each executing agency, and the General Affairs Division consults.
(5) The original draft of the proposed draft will be sent to the General Affairs Division, and the General Affairs Division will send a copy of the original chapter to the original department.

(Advisory to information disclosure review board)
12 The General Affairs Division carries out the affairs related to advising the Information Disclosure Committee as follows.
(L) An advisory document shall be prepared with the following documents.
A copy of information disclosure request
A copy of decision notice for information disclosure request
写 A copy of the complaint and the attached document
Other necessary documents (information subject to the information disclosure request)
(2) The administration office shall be conducted by the General Affairs Division.
(3) Regarding discussion by the Board, explanation of the circumstances, reasons etc. of making a nonpublic decision will be made at the original department.

(Consultation on complaints)
13 Complaints other than complaints and other consultations are handled by the General Affairs Division or each executing agency. The contents and processing accepted by the executing agency are reported to the General Affairs Division. At the General Affairs Division, at least once a year, the General Affairs Division reports to the Board about the content and number of cases received, at least once a year.

Notice to the effect that consultation was done

Article 21 The executing agency that has consulted pursuant to the provisions of the preceding Article shall notify the following persons that they have consulted the Board.
(1) Appellant and Participant
(2) Claimant (unless the claimant is appellant or participant)
(3) Third party who expresses an opinion to oppose disclosure pursuant to the provisions of Article 15, paragraph 1 or 2 (unless the third party is an appellant or a participant)

Commentary

(1) This Article stipulates that in order to clarify the course of how complaints are handled, it notifies the items prescribed in each item.
2 Notice to the complainant is made by the General Affairs Division on the report from the executing agency.

Procedures in case of dismissing an appeal from a third party etc.

Article 22 The provisions of Article 15, Paragraph 3 shall apply mutatis mutandis to the case of making a decision or decision falling under any of the following items.
(1) a ruling or decision to dismiss or dismiss appeal from a third party against the decision under that paragraph
(2) A decision or decision to the effect that the town administrative information relating to the said decision will be made public by changing the disclosure decision etc. concerning the appeal (to the effect that the participant who is a third party is against the disclosure of said town information Only if you are expressing opinions.)

Commentary

1 The provisions mutatis mutandis the provisions of Article 15, paragraph 3 (Notice of written notice, which sets the public notice delivery period (civil procedure law) for two weeks etc)).

Respect for advice on consultation

Article 23 When the executing agency who has consulted pursuant to the provisions of Article 20 has received a report on such consultation, it shall promptly make a decision or decision with respect to it.

Commentary

1 "Respecting the report" means not to be legally bound by the judgment of the Board, but from the point of setting up the Jury, it means that the judging committee shall respect the report at maximum .

(Affairs concerning decision)
2 Clerical work concerning appeal decisions shall be dealt with as follows.
(1) The report of the judging committee shall be kept at the General Affairs Division, and a copy thereof shall be sent to the original department.
(2) The General Affairs Division receives a report from the Board of Directors, consults with the original department, and promptly prepares a draft ruling or decision plan.
(3) Each executing agency will prepare a draft based on the draft decision decision and make appeal declaration after consultation by the General Affairs Division.
(4) The protocols of the proposed drafts are sent to the General Affairs Division, the General Affairs Division preserves the protocols, sends copies to the original department, and notifies the complaints as follows.
(A) In case of making all or part of the disclosure, send an appeal letter notice letter (reference form) and a notice of information disclosure decision.
(A) If you do not have a reason to reject it, send an objection neutral dismissal notice (reference form).
(C) When there is a participant, we will send an appeal notice of complaints acceptance or an appeal dismissal notice to said participant.
In case of an appeal concerning third party information on machinery, send an appeal notice appeal or an appeal dismissal notice to said third party.

Chapter 3 Information Disclosure Committee

Installation

Article 24 The Niseko Town Information Disclosure Committee shall be established to conduct examination deliberations on appeals made pursuant to the consultation of the executing agency pursuant to Article 20 and promotion of sharing information.

Commentary

(1) In this Article, the town mayor who received an appeal has decided to consult with respect to a ruling or decision to a judging committee that is a member of a third party in order to make a fair judgment. (See next article)
2. The Board of Examiners will deliberate on matters appealed in relation to this system and is an adjunct to the mayor prescribed in Article 138 of the Local Autonomy Act.
3 With regard to the enforcement of this ordinance, since it is necessary to make the judgment unified and to improve the efficiency of the deliberation, it is not necessary to establish a screening board for each executing agency. Instead of stipulating that "ordinance by the executing agency is adhered to, The agency could also consult directly with the review board.
4 "Promotion of information sharing" means to functionally proceed with the treatment, etc. stipulated in Article 2, Item 1, which stipulates that the Committee will conduct investigation and deliberation on these matters.
5 In item 4 above, regardless of whether there is a consultation or not, the council can conduct research and deliberation independently. (Refer to provisions of Article 33)

Operation

1 The committee members shall be appointed as follows.
One lawyer recommended by Sapporo Bar Association
University professor, associate professor or one who is in a corresponding position
1 person in the position of a volunteer probation / human rights defense committee member or a civilian child committee member
One person in administrative counselor's position
1 person with other insight

組織

Article 25 The judging committee shall be composed of five members.
2. The committee members shall be appointed by the town mayor from among those who have insight on the disclosure of town administrative information.
3 The term of office of the committee shall be three years and the term of office of the substitute committee shall be the remaining term of the predecessor. However, it does not prevent re-appointment.
4 The committee members shall not disclose the secrets they knew in terms of their duties. I will do the same even after I retire from that position.
5 The general affairs of the Committee shall be conducted by the General Affairs Division.

Commentary

1 The Board of Directors shall listen to opinions of third parties in order to make fair decisions without prejudice to one opinion, so the Mayor chooses from among those who meet the following requirements.
(1) To be able to make fair neutral judgment rich in common sense and personality.
(2) To be a person who has an understanding of town administration in general, and has knowledge and experience about the information disclosure system.
2 The Board of Governors shall operate with a panel and organize it with five members.
3. The members of the Board of Examinations are part-time staff of the adjunct organization and are public officials of special occupation who are not subject to confidentiality obligations under the Local Public Service Act but because the deliberations are made on information that the executing agency made unpublished, And imposes a duty of confidentiality thereafter.
4 "Confidentiality obligation" mentioned in 3 above is "real secret" similar to the provision under the Local Public Service Act.
5 Since this judging committee was established as an adjunct to the mayor of the town mayor, necessary items concerning the organization and operation of the committee are delegated to the town mayor, and the contents are prescribed by the rules of the committee.

Chairman and Vice President

(President and Vice Chairman)
Article 26. The president and the vice president shall be placed at the review board.
2. The chairperson and the vice president shall be elected by the members.
3 The president shall represent the committee and will govern the affairs.
4 The Vice Chairperson assists the Chairman and when the Chairperson has an accident, he / she shall represent his / her duties.

Commentary

(1) This Article is a general provision concerning the duties of executive officers and employees of the Board.
2 "When there is an accident" in paragraph 4 shall mean to comprehensively judge the reasons such as sickness and busy because the deliberation by the examination board is desired to be fair and prompt and to interpret and operate flexibly .

Conference

Article 27 The meeting of the review board shall be convened by the president.
2 The Board can not hold a meeting unless a majority of the members attend.
3 The proceedings of the meeting shall be decided by a majority of the members who attended the meeting, and when the number is equal or less, it shall be determined by the president.
(4) The Board of Examination shall make public the meeting concerning the item 1 of the next article, other than those which the Board approves that the contents of the deliberation are not suitable for publication.

Commentary

1 The first convener that the chairman has not been decided is done by the Mayor.
2 Majority means 3 or more people.
3 Although the Board of Directors is open to the public in principle, it is assumed that discussion of the contents of the information itself decided non-publicly and that the content of the discussion will cover personal privacy etc. (provision of non-public reasons in Articles 6 and 7) When it is done, it will be made undisclosed because it makes nonsecutive decisions meaningless by public (audience etc.).

Permission to investigate the appeal prosecution

Article 28 The Board of Appeals may request the executing agency to present town administrative information pertaining to the request for public disclosure when it finds it necessary. In this case, no one can request the examination board to publish the town administrative information presented.
(2) The executing agency shall not refuse such request when requested under the provisions of the preceding paragraph from the Board.
(3) The Board of Councils may classify the contents of the information recorded in the town administrative information pertaining to the request for disclosure to the executing agency according to the method designated by the committee, or prepare materials that is organized And ask them to submit to the Jury.
4 In addition to what is provided for in paragraph 1 and the preceding paragraph, the Board of Appeals may, when he / she finds it necessary for deliberation on the matter pertaining to the consultation under the provisions of Article 20, the officials of the appeal petitioner, participant, executing agency Listen to opinions or explanations from other parties concerned (hereinafter referred to as "appellants, etc.") or conduct necessary investigation.

Commentary

1 Information gathered by the Board of Directors with its job function is a document for the judge to make fair judgment in conducting administrative appeals review, and it was decided not to make the information public by the executing agency Since there are cases where it will be disclosed the information itself, it is not made public.
2. The provision of paragraph 2 stipulates that the executing agency is unable to refuse information provision when requested by the judging committee and stipulated that the judging committee is authorized to in-camera trial .
(Deliberations by the Jury can be conducted in an in-camera system that brings information that has become undisclosed as a document.)
3 As for the hearing of the opinion of the judging committee, the chairman consults with the judging board and decides, the officials of the original division conduct background processing and explanation etc. of the non-disclosure.
4 "Participant" prescribed in paragraph 4 shall mean an interested party relating to the matter of appeal.
* In camera inspection (in camera inspection) refers to a special hearing in the judge room (FOIA § 552 (a) (4) (b)), the judging committee member Can be confirmed. This is done to ensure fairness of judgment.

Statement of opinion

Article 29 When a petition is filed by an appeal petition etc, the judging board shall give the appellant or the like an opportunity to speak orally. Provided, however, that this shall not apply when the Board deems that it is not necessary.
(2) In the case of the main clause of the preceding paragraph, an appeal petitor or a participant may appear with the assistant with the approval of the judging committee.

Commentary

(1) The provision of paragraph (1) stipulates that the Committee will sufficiently listen to the opinions of the appellant to make a fair judgment.
2 The provisions of the proviso in paragraph 1 shall be judged according to the content of the appeal, but should be applied in a limited way in applying.
3 "Assistant" prescribed in paragraph 2 shall mean a person who appeared on the due date with the appeal and assist the complainter in making a statement. (See the Code of Civil Procedure)

Submission of opinions etc.

Article 30 The appellant or the like may submit opinions or materials to the examination board. Provided, however, that when the Board of Directors has established a reasonable period for submitting opinions or materials, it shall be submitted within that period.

Commentary

Commentary

1 An appeal review is a motion concerning the omission of the executing agency and stipulates that opinions and materials can be submitted for the omission reason.
(2) The Board of Auditors shall make an effort to make a report within sixty days from the date of consultation (Article 32 paragraph 1) "and establish a period to promptly deliberate the deliberation.

Browsing of submitted materials

Article 31 The appellant or the like may request the examination committee to issue an inspection or a copy of the written opinion or material submitted to the examination meeting. In this case, the Board of Auditors may admit that there is a risk of harming the interests of third parties (referred to as the third part prescribed in Article 33, Paragraph 3 of the Administrative Appeal Act), and there are other justifiable reasons Without it, I can not deny that viewing.
(2) The Board may designate the date and time and place for viewing pursuant to the provisions of the preceding paragraph.
3 The provisions of Article 17, paragraphs 2 and 3 shall apply mutatis mutandis to the issuance of a copy under the provisions of paragraph 1.

Commentary

1 "Opinion or material submitted to the Jury" refers to town administration information submitted to the Jury by the executing agency.
2 "Other justifiable grounds" means information corresponding to non-public grounds of Articles 6 and 7 and those falling under the provisions of Article 9.
3 Paragraph 3 is a mutatis mutandis for the fee.

Report on consultation

Article 32 The Commission shall endeavor to report to the executing agency within 60 days from the date of consultation under the provisions of Article 20 by written document.
(2) In addition to describing the matters listed in the following items, an opinion on measures relating to the sharing of information relating to the appeal can be attached to the written report according to the provision of the preceding paragraph.
(1) the type and reasons for the decision or decision to be made by the executing agency for such appeal
(2) When there is a minority opinion on the content of the report, the minority opinion
(3) When the Board makes a report on the consultation, the Board shall promptly send a copy of the written report to the appeal applicant and the participant and publish the contents of the report.

Commentary

1 "Decision" means to reject, dismiss and answer that the executing agency is rejecting the objection filed against the executing agency.
2 "Arbitrage" means (not currently in Honmachi. Example: Waterworks Business Administrator) An answer that the town mayor dismissed, rejects, there is a reason for a request for examination made to the mayor, the upper level agency of each agency .
3 "We must endeavor to report within 60 days" is intended to defend the rights of the right holder of the complainant by indicating the standard processing period. It may be thought that the examination will be prolonged depending on the content of the case, but it is desirable that it be processed within the period of time as much as possible.

Investigation by the Committee on Promotion of Sharing Information

Article 33 The Board of Examiners may ask the executing agency to submit materials for the promotion of information sharing, listen to opinions or explanations from the staff, or make necessary investigations it can.
(2) When the Board deems it necessary for promotion of information sharing, he / she may state opinions on the institution and measures concerning such promotion.

Commentary

(1) This Article stipulates that the Jury shall have the right to investigate the promotion of information sharing with the ex officio.
2 It stipulates that it can describe opinions to the executing agency about information sharing. Of course, the executing agency respects the opinion of the committee and advances the initiative.

Delegation to the President

Article 34 In addition to what is provided for in this chapter, the matters necessary for the operation of the Jury shall be determined by the President pursuant to the Board.

Commentary

(1) Regarding the operation of the Board, it is the provision that the president consults with the judging board and decides on matters other than the provision of the ordinance.
2 The Board of Directors is a council system, and its operation is left to the Board.

Chapter 4 Information Disclosure of Investment Organizations and Assistance Organizations

Information disclosure of invested corporation etc.

Article 35 A juridical person or a group owned by a town where the town owns capital, basic property or equivalent of such investment corporation etc. (hereinafter referred to as "investment (Hereinafter referred to as "juridical person, etc.") shall, pursuant to the provisions of each of the following items, other persons related to the townspeople and other townsmen (hereinafter referred to as "townspeople, etc." in this Article and the following article) Shall be made publicly available to townspeople, etc.
(1) Laws and regulations
(2) Administrative guidance of the relevant competent authority concerning the disclosure of the conditions of the permission in the case of requiring permission of the competent government agency concerning its establishment or the information possessed by such invested corporation, etc. (Administrative Procedure Act (Act No. 88 of 1993 Administrative guidance prescribed in Article 2, Item 6) or disposal
(2) In the case where a public disclosure request is made by a townspeople, etc. Pursuant to the provisions of Article 11 concerning information owned by a funded corporation, etc. and not held by the executing agency as town administrative information, the executing agency If it is deemed that information held by any of the items of Article 7 does not fall under any of the items of Article 7, obtain such information from the said investee corporation, etc and, pursuant to Article 11 paragraph 1 or Article 13 paragraph 1 item 2 We must strive to make the decision.
(3) In order to ensure the effectiveness of the disclosure pursuant to the provisions of paragraph 1 (excluding each item), the executing agency shall have agreements (including those similar thereto) stipulating the specific contents, methods, procedures, etc. of the disclosure. To conclude with the invested corporation, etc., and to take necessary measures.

Commentary

1 In this Article, for corporations, etc. to be financed by the town, there is no direct restraint by the ordinance, but for a corporation etc with a high ownership ratio of the town, if townspeople are requested to disclose information, implementation based on the purpose of this system It stipulates the obligation to deal with in accordance with the institution.
2 "Legal entities and organizations funded by the town" means the Niseko Town Land Development Corporation, the social welfare corporation Niseko town social welfare council, and the Hokkaido worker welfare association.
3 "Capital, basic property, or similar items" means capital, investment money, basic assets of such foundation, deductible expenses, etc.
4 "What has to do with townspeople and other town municipalities" means the following.
(1) Person who has an address within the area of ​​the town
"Having an address in the area of ​​the town" refers to an individual having a home in the town regardless of the description in the resident basic register or registration in the alien registration card.
(2) Person who works in an office or office within the town area
"Working person" means a person who works in an office, office or business office within a town area regardless of the form of full-time employee, part, part-time job etc.
(3) Those who are enrolled in a school within the area of ​​the town
"School" means schools, vocational schools and various schools prescribed in the School Education Law.
(4) Individuals who have offices or establishments within the town area, corporations and other organizations
"Other organizations" are those that do not have juridical personality such as neighborhood association, community association such as neighborhood association, agricultural cooperative, various townspeople organizations, PTA, shopping mall, etc, but those with organizational agreement and representative defined Say.
(5) In addition to what is listed in each of the preceding items, those having interests in the administration of the town
"Persons who have interest holders in the administration of the town" means individuals, corporations or other organizations that are directly affected by their own rights, interests, etc. by the administration of the town or are expected to be directly affected directly Say.
7 The certification as to whether it is "townspeople, etc." is done by the general affairs section manager or the head of the original department when receiving the application form.
8 "We strive to provide information that the townspecials need," meaning that it is desirable to do so in accordance with the institution of information disclosure by the executing agency in this Ordinance.
9 In this Article, the subjects that can be requested publicly as a townspeople, etc. are that the invested corporations, etc. are independent corporations etc. from the town. Regarding its operation, there are provisions of the survey rights of the town concerning the execution of the budget of Article 221 of the Local Autonomy Law and the report of the management situation of Paragraph 2 of Article 243-3 of the Law to the Congress, to some extent The information that the town possesses. And that there are no reasonable reasons to positively open to anyone.
10 In the provisions of paragraph 2 of this Article, in cases where you are not fulfilling your obligation to make efforts or if you do not disclose information to be disclosed, it will be handled in accordance with Article 29.

[Operation]
(1) When the content of the information disclosure request contravenes the achievement of the purpose of this Ordinance, or when it becomes difficult for the execution of the business due to a large number of requests, it is not necessary to respond to this request.
In the case of two offices and the next article, if there is a request for information disclosure, it is not necessarily required to respond, and if the claimant can achieve the purpose of the request and approves it, instead of providing any information May also be acceptable. In this case, it is necessary to process such as withdrawing the invoice.
3. The provision of this Article stipulates the obligation to strive, which does not result in the opening of rights and obligations.
4. Because this Article is to be conducted in an equal cooperative relationship with an independent corporation, it is not related to rights and duties, and it is not disposed of. For this reason it is not adapted to administrative appeals and can not be appealed.
5 In item 4 above, the town administrative information possessed by the town is obviously excluded.
Requests for disclosure of information to corporations, etc. to which 6 towns contribute are accepted at each executing agency or general affairs section.
7 The said corporation, etc. can also accept reception in accordance with this ordinance.
8 In the case of 7 above, the current section and general affairs section give necessary advice on the processing of the request.
9 In the current section, if a corporation knows that the information has been released in response to the request of the townspeople, etc., it reports to the General Affairs Division. In the General Affairs Division, we collect survey etc. information concerning the kind, the number of cases, etc concerning the provision of information carried out by the corporation etc invested by the town.
10 Information that a corporation, etc. contributed by a town wishes to provide information to townspeople, etc., can be provided to townspeople at townspeople center library etc.

Information disclosure of supplementary organizations

Article 36 A juridical person or other organization (hereinafter referred to as "supplementary organization, etc.") that receives subsidies of 1 million yen or more (including similar items, hereinafter the same shall apply in this Article) during a fiscal year from the town. ) Shall endeavor to make public to the townspeople, etc. What is needed by townspeople, etc. with information on the contents and use of the subsidy.
2. The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to cases where a public request has been made by a townspeople, etc. pursuant to the provisions of Article 11 concerning information prescribed in the preceding paragraph and not held by the executing agency as town administrative information.
When giving subsidies to supplementary organizations etc., the town mayor shall be provided with supplementary conditions concerning the details of the disclosure, methods, procedures, etc., in order to ensure the effectiveness of the disclosure under the provisions of paragraph 1 We must endeavor to take necessary measures.

Commentary

(1) This Article imposes certain obligations on certain subsidiary bodies to disclose information on the use of such subsidies from the town.
2 Other supplementary organizations etc. are all organizations that receive subsidies from the town. Therefore, burden money is not covered.
3 "During one fiscal year" means the total amount of subsidies delivered to the organization, whether it is the initial budget or not.
4 This Article shall be dealt with in accordance with Article 35.

Chapter 5 Promoting Information Sharing

Basic policy on information sharing

Article 37 The executing agency strives to create and acquire the information that town residents need in order to advance town administration, provide town people with accurate and easy to use town administration information, so that the townspeople can use it accurately and easily , We must endeavor to expand measures for sharing information.

Commentary

1 This Article not only positively responds to the matter requested by the townspeople to use the system to request the disclosure of information but also actively responds to the information that the townspeople need, based on accountability to the town residents of the town , And further stated that it is necessary to make efforts to establish these mechanisms.
2 "Provision of information" means not only the General Affairs Division will implement, but also each department within the executing agency will research and respond to the needs of townspeople in their respective fields.
3 Each executing agency shall endeavor to build and expand information provision measures throughout the town.

[Operation]
1 In order to view information that can be provided to townspeople, consider establishing a town administrative information corner in the townspeople center library etc. In addition, we will operate so that we can always provide the latest town administration information and various data.
2 Publications, printed matter, pamphlets for townspeople, leaflets issued by the town are placed in the information corner of the townspeople center and the office window etc, so that the townspeople can always view it.
3 When providing information, staff of the General Affairs Division and staff of the original department explain to the extent possible.
4 We strive to create a system that provides better information to townspeople, not just providing current information.

Mayor's Adjustment Right

Article 38 mayor may ask the executing agency other than the town mayor to ask for reports or give advice on the sharing of information on town administrative information disclosure and other information.

Commentary

(1) This Article stipulates that if the executing agency conducts its own system independently according to the ordinance, it will lack consistency as the whole town and may confuse the townspeople, so the town mayor may It defines what to draw.
2 "Requesting reports or advising on disclosure of information" means that procedures in the information disclosure system are to be completed within the executing agency in principle, but the General Affairs Division, in principle, To carry out coordination to achieve unified management as.
3 The report to the town mayor or advice from the town mayor is handled by the General Affairs Division.
4 In accordance with the implementation of the information disclosure system, in order to unify operation as a town, and to unify the windows, the General Affairs Division carries out the following affairs.
(1) Acceptance of invoice pertaining to disclosure of information (disclosure of self-information etc) and numbering of reception number
(2) Advice on consultation to decide disclosure / non-disclosure of information (disclosure / non-disclosure of self-information)
(3) Sending a decision relating to disclosure of information (disclosure of self-information, etc.) to the requester
(4) Disclosure of Information (Disclosure of Self-Clean Information) (Viewing / Viewing, Delivery of Copy, Sending Copy)
(5) Receipt of appeals, reception and processing of complaints
(6) General Affairs of Information Disclosure Committee (Private Information Protection Review Board)
(7) Notice of decision and decision concerning appeal
(8) Management and operation of townspeople information corner
(9) Custody of decision on information disclosure (personal information protection) system (original section)
(10) Grasping and advice on the status of information provision in each department
(11) Summary and disclosure of operational status of information disclosure (personal information protection) system in Honcho

Publication of meetings of attached organizations etc.

Article 39 In addition to what is stipulated in Article 27, paragraph 4 and other laws and ordinances, the attached agencies to be placed in the executing agency (attached by the provision of Article 138-4, Paragraph 3 of the Local Autonomy Act (Act No. 67 of 1947) Institution ") and similar items (hereinafter referred to as" attached organizations "in the following paragraph) shall publish the meeting. Provided, however, that the contents of such meeting pertain to affairs pertaining to examination, permission, appeal, dispute resolution, examination relating to examination etc. of permission, approval etc., which falls under any of each item of Article 6 or Article 7 , This shall not apply when it is deemed that it is not appropriate to publish the meeting.
(2) The executing agency shall endeavor to promptly prepare conference proceedings for conferences such as attached organizations after the meeting.

Commentary

1 "Subordinate organization" in paragraph 1 means a committee, a council, a research committee, an agency for consultation or investigation pursuant to the provisions of law or ordinance, and "similar items" means other It means all conferences held by the executing agency.
2 Although the provisions of the second sentence of the first sentence are exceptional in principle that various kinds of meetings and the like are publicly available, they can be made private if it is deemed not appropriate to disclose information on privacy etc. It goes without saying that rational reasons to make it non-public are required for non-disclosure.
3 The "meeting record" in paragraph 2 does not change the handling so far, it refers to the progress of the meeting and the result recorded, and does not ask whether or not it is a full text record. However, it must be arranged so that third parties can see the contents of the meeting.
4 "Try to make it" means to comprehensively judge the importance of the meeting, etc. and to prepare as much as possible for those that need to be recorded. Even for a simple conference, it is desirable to create a simple implementation record.

Management of town administration information

Article 40 The executing agency shall properly manage town administration information in order to contribute to the proper and smooth operation and other information sharing of this ordinance.

Commentary

1 "To contribute to the sharing of information" means to actively provide town administrative information that the residents need, and the executing agency will automatically inform the town movement and the possessed information from the requested information (automatically ) Publicize.
2 "Properly administering" means to process and keep it based on the prescription rules and the document edition preservation regulations.

Provision of information on disclosure request, etc.

Article 41 The executing agency prepares an inventory necessary for searching information held by the executing agency so that a person who intends to make a request for disclosure can make a request for disclosure easily and accurately and publish it .

Commentary

(1) This Article stipulates provision of convenience to the requesting party.
2 It is decided to positively provide information so that the information requested by the requestor can be easily identified by disclosing the searchable document list on the town homepage.

Publication of operational situation

Article 42 The town mayor reports to the Congress about the operation situation of this ordinance within three months after the end of each year and announces it.

Commentary

1 The status of operation will be reported to the June regular meeting of the town council.
2 Public announcement is made by publicly announcing under the Article 4 of the advertising ceremony ordinance or posting the outline on the public relations paper.

Well-known system

Article 43 The executing agency shall endeavor to widely disseminate the purpose, contents and so forth of this ordinance so that townspeople can properly and effectively utilize various systems concerning the sharing of information specified in this Ordinance.

Commentary

(1) This Article stipulates the obligation to make efforts to publicize the executing agency so that the townspeople can properly utilize this information sharing system.
2 "Various institutions" means not only information provided from the town but also a variety of residents' participation places such as various lectures and conferences, public relations public hearing activities, etc.
3 "Well-known" means public relations paper, public relations in Soyokaze communication, expatriate distribution document, explanation at various meetings, etc.

Improvement of institution

Article 44 The mayor shall strive to properly operate various systems concerning the sharing of information prescribed in this Ordinance and make improvements as necessary.

Commentary

1 The town mayor effectively utilizes the current system and policies, and also stipulates that the systems of information sharing are continually improved to better ones.
2 The executing agency must work together with the town mayor to implement 1.

Chapter 6 Supplementary Provisions

Adjustment with other systems

Article 45 The provisions of this Ordinance shall be governed by the provisions of other laws and regulations, etc., in the case where the town administrative information can be viewed or inspected, or if it is possible to receive delivery of a copy, We do not apply for browsing and public inspection and issuance of transcripts, extracts etc.

Commentary

(1) This Article stipulates that the Information Disclosure System will not be applied to items that can use other systems such as issuing a copy of the resident basic ledger, requesting a copy of the family register, books that can be browsed at the townspeople center library .
(2) In cases where the requestor who can request browsing etc., the period of viewing etc., the scope of public documents, etc. are separately prescribed by the provisions of other laws and ordinances, they shall conduct inspections etc. according to the laws and regulations .
(3) In the case where any provision such as inspection or delivery of copies, etc. is prescribed in the provisions of other laws and regulations, this ordinance shall be applied when there is a procedure not specified.
4 Many of the books, drawings, records, materials, etc. collected at the townspeople center library are provided for the purpose of providing for use by townspeople, such as browsing and lending, so that they can be browsed at a library etc. Regarding what you can do, this ordinance does not apply.
5 This provision is aimed at preventing redundancy of contacts, simplifying / expediting browsing / delivery procedures, and preventing fee escape.
6 "Under the provisions of other laws and regulations etc." Procedures separately prescribed (examples) are as follows. (Including cases of law, those not applicable at the present time.)
(1) Procedures for browsing etc. are separately prescribed
A. Residence indication ledger (Article 9, paragraph 2 of the law concerning residence display)
Ⅰ Land price advertisement ledger (Article 7, paragraph 2 of the land price public notice law)
U Family registration notice etc. (Article 48 (2) of the Family Register Law)
Basic Resident Register (Article 11 Paragraph 1 of the Basic Resident Register Act)
O Road ledger (Article 28, Paragraph 3 of the Road Law)
(2) What defines the method of public inspection.
A preliminary review of the city plan draft (Article 17 paragraph 1 of the Urban Planning Act)
(A) Candidate list of electoral registries (Article 23, Paragraph 1 of the Public Offices Election Act)
(C) Inspection of the fixed asset register (Article 415, Paragraph 1 of the Local Tax Law)
A preliminary inspection of the project planning and arrangement plan (Article 20 of the Land Readjustment Organization Act)
(3) Extracts and other documents prescribing delivery of duplicates
A. Copies of residents' cards (all, some) (Article 12, Paragraph 1 of the Basic Resident Register Act)
A copy of the application form of family register (Article 20, Paragraph 1 of the Basic Resident Register Act)
Copies of U-Family Register Original (Certified, Extracted) (Article 10, Paragraph 1 of the Family Register Law)
Provision of tax payment certificate (Local tax law Article 20-10)
O Alien Registered Certificate (Article 2 to 8 of the Alien Registration Card Handling Procedure)
Cassette Registration Statement Certificate of Registered Items (Article 48, Paragraph 2 of the Family Register Law)
· Seal registration certificate (Niseko town seal registration and certification Article 14)

Delegation to executing agency

Article 46 In addition to what is provided for in this Ordinance, the implementing agency separately specifies matters necessary for the enforcement of this Ordinance.

Commentary

1 The executing agency is an agency exercising authority independently under the Local Autonomy Law, and one institution is not authorized to conduct and supervise other agencies. Therefore, necessary matters concerning affairs under this ordinance are specified by rules and regulations at each executing agency.
2 The rules and regulations of each executing agency are conducted by the example of provision of information disclosure in the town mayor in order to preserve the unity of the operation of the system.

Supplementary provision

(Effective date)
1 This ordinance shall come into force as from April 1, 1999. Provided, however, that the provisions of Articles 37 and 43 shall come into effect as from the date of promulgation.
(Scope of application)
2 The provisions of this Ordinance shall apply to town administrative information owned by the executing agency at the date of enforcement of this Ordinance (hereinafter referred to as "Enforcement Date"). Provided, however, that the application of the provisions listed in the following items shall be applied from the administrative information created or obtained by the executing agency after the enforcement date.
(1) The provisions of the same paragraph pertaining to items held by a funded corporation prescribed in Article 35, paragraph 2, which are not held by the executing agency as administrative information
(2) The provisions of Article 2, paragraph 1 pertaining to the contents of said subsidy and information on its use as required by townspeople, etc. and not held by the executing agency as administrative information Provision of paragraph
(Transitional Measures)
3 For the application of this Ordinance on Town Administrative Information created or obtained by the executing agency official prior to the enforcement date, please refer to Article 11, Paragraph 1 and 2 (Article 12, Paragraph 3 and Article 13, Paragraph 3 ), The term "15 days" in Article 12, paragraph 1 and Article 13 paragraph 1 shall be deemed to be replaced with "30 days", and in Article 32 paragraph 1 "60 days" There are "90 days".

Supplementary Provisions (Regulation No. 35 of June 21, 2000)
This ordinance shall come into force as from July 1, 2000.
 

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