Guide to Niseko Town Personal Information Protection Ordinance

Commentary on the Niseko Town Personal Information Protection Ordinance (Niseko Town Ordinance No. 18)

Proclamation September 25, 1998
Enforcement April 1, 1999
Revised March 21, 2000 (Ordinance No. 18)
Revised June 21, 2000 (Ordinance No. 36)
Revised December 27, 2000 (Ordinance No. 44)
Revised March 15, 2004 (Ordinance No. 13)

Table of Contents

Chapter 1 General rules

the purpose

Article 1 This Ordinance guarantees the rights of individuals requesting disclosure, correction and deletion of personal information possessed by the town, and by defining necessary matters concerning the proper handling of personal information, advocates for basic human rights And to contribute to the promotion of fair and democratic town administration.

Commentary

1 "Ensuring the rights of townspeople to disclose, correct and delete personal information" means that information on individuals is collected and used rapidly in large quantities today as advanced information technology advances. In order to protect the privacy of individuals, we clearly stated that the townspeople's right to disclose, correct and delete personal information on the self-information owned by the town is guaranteed.

2 "Necessary matters concerning proper handling of personal information" means the eight principles of the OECD (the Economic Cooperation and Development Organization) Board of Directors' recommendation (September 1980), the administrative agency / privacy Based on the 5 Principles of the Protection Study Group Report (July 1978), it means the following.
(1) To clarify what kind of information the town possesses.
(2) In collecting personal information, clarify the purpose of collecting and make personal information to be collected minimum necessary to achieve the purpose.
(3) To prevent destruction, tampering, leakage, etc. of personal information, always keep it accurate and up to date.
(4) Do not use as a general rule other than the purpose for collecting personal information.
(5) Do not offer to anything other than the executing agency that collected personal information in principle.
(6) To provide protection measures for personal information handled by business operators.

3 "To contribute to securing the dignity of individuals and defending the fundamental human rights of townspeople" means that the extension of informationization now brings convenience and affluence to the lives of townspeople, while improving the privacy awareness of townspeople With respect to the content of its privacy, it is also important to have a more active personality free formation and a sense of living such as "the right not to be known to others", "the right to be kept alone", "the right to control self-information" Has come to be recognized once again that it is appropriate for maintaining the dignity of individuals.
Under such circumstances, if the executing agency handles inappropriate handling to personal information, it will also prevent you from enjoying various kinds of freedom guaranteed by the Constitution, so in defending these fundamental human rights However, protection of personal information has important significance.

Definition

Article 2 In this Ordinance, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.
(1) Personal information It is information on an individual, which means that a specific individual can be identified or identified. Provided, however, that excluding the following.
(A) Information on officers of said corporation and other organizations included in information on corporations and other organizations
Information concerning the business of individuals engaged in business
(2) Mayor of executing agency, Board of Education, Election Management Committee, Audit Committee, Agricultural Committee, Fixed Assets Evaluation Review Committee and Congress.
(3) Documents, etc. Documents, drawings, electromagnetic records (such as electronic, magnetic or other perceptions created by the executing agency of the executing agency in the course of their duties, records made by unrecognizable methods ) Other similar items that can record certain other matters.
(4) Business entity refers to a corporation or any other organization (excluding national and local public entities) and individuals engaged in business.

Commentary

1 No. 1 relationship
(1) "Information on individuals" is as follows.
A. Personal information on family registering matters such as name, address, date of birth, domicile
(A) Personal information on educational qualifications, employment history, qualifications etc
Personal information on physical and mental conditions such as disability, injury or illness
E Personal information on the status of assets such as asset content, income, income
(2) As for information on the deceased, as the risk of injury to the deceased may be hurt by improper handling, protection as personal information shall be aimed.
(3) "A specific individual is identified" means that a specific individual can be clearly identified by a name or the like, and "can be identified" can not be identified by the information, but by combining it with other information , It means that the personal information can be identified.
(4) "Corporate" of "Corporate Other Organization" means a profit corporation, a public benefit corporation (a social welfare corporation, a school corporation, a corporation based on Article 34 of the Civil Code, and "other organizations" Non-organization and the like.
(5) "Officers" are officers having juridical persons and other organizations (hereinafter referred to as "corporations, etc.") who have the authority of executing their affairs, auditing of affairs, etc., and directors and auditors at corporations under Article 34 of the Civil Code , Directors and corporate auditors at the corporation, representatives at the organization, etc. An officer of a corporation or the like is an agency acting on behalf of a corporation or the like, and since that information should be regarded as a part of information of a corporation etc., it is excluded from this system.
However, even information on executives is not subject to information as an institution of a specific corporation, but information gathered about individual executives is subject to this system.
(6) "Information relating to the projects of individuals engaged in business" refers to individuals who operate the projects listed in Article 72, paragraphs 5 to 7 of the Local Tax Law, as well as individuals engaged in agriculture, forestry, etc. Individual business Regarding the information of the LORD, it falls under the information of a corporation etc., so it is excluded from this system.
However, some of these pieces of information also include information on individuals not directly related to the project, which may correspond to personal information, so careful handling is necessary.

2 No. 2 Relationship
(1) The attached organizations such as the council shall be treated as an attached organization of each executing agency.
(2) For various organizations that have administrative bureau at each executing agency, they are totally different organizations from various executing agencies, and they are not subject to this system, but the executing agencies have created them duties and the executing agencies manage In the case of a document or the like, it shall be treated as information on a third party possessed by the executing agency.
3 Issue 4 Relationship
In this ordinance, we are responsible for protection of personal information, and also define the scope of businesses subject to the guidance of mayor.

Responsibility of executing agency

Article 3 In order to achieve the purpose of this Ordinance, the implementing agency shall take necessary measures concerning the protection of personal information and endeavor to raise awareness of townspeople and business operators concerning protection of personal information.

Commentary

"Measures necessary" means not only protection of personal information handled by the executing agency concerning personal information, but also all measures to ensure appropriate handling such as review and improvement of clerk handling personal information.

Town Responsibility

Article 4 The townspeople recognize the importance of protecting personal information, cooperate with the measures of the town concerning the protection of personal information, and in the handling of the personal information of others, infringe on the rights and interests of the other person We must work hard.

Commentary

"In handling personal information of another person, we must endeavor not to infringe on the rights and interests of said other person" means that the townspeople become not only victims by improper handling of personal information, but also unconscious Recognizing that there is a possibility of infringing the rights and interests of other people in the course of time, and stipulates the obligation to strive for proper handling of the personal information of others.

Application note

Article 5 In applying this ordinance, there should be no unfair infringement of the rights and freedoms of business operators and townspeople.

Commentary

In applying this Ordinance, this Article will violate these rights and freedom unfairly considering the freedom of expression guaranteed by the Constitution of Japan and freedom of business for business operators and townspeople We stipulate that proper operation must be carried out so that there is nothing to be done.

Chapter 2 Protection of Personal Information Handled by Executing Agency

Section 1 Treatment of personal information

Notification of handling of personal information handling etc.

Article 6 When the executing agency intends to commence the affairs handling personal information (hereinafter referred to as "personal information handling affairs"), the executing agency shall notify the mayor of the following matters in advance.
(1) Name of personal information handling affairs
(2) Purpose of handling personal information handling
(3) Name of the organization that handles personal information handling affairs
(4) Scope of Persons with Personal Information
(5) Recorded items of personal information
(6) Collecting personal information
(7) In addition to what is listed in each of the preceding items, matters specified by the executing agency

(2) When the executing agency intends to change the matters notified pursuant to the provisions of the preceding paragraph or to abolish the personal information handling affairs pertaining to the notification, he / she shall notify the town mayor in advance.

3 When the town mayor receives a notification pursuant to the provisions of the preceding two paragraphs from the executing agency, he / she shall promptly submit the matters for which the notification was made for general public inspection.

4 The provisions of paragraphs 1 and 2 shall not apply to affairs concerning persons who were officials or employees of the town.

Commentary

This Article stipulates that the executing agency will provide for general public inspection so that the townspeople can confirm the location and content of the information pertaining to the personal information handling affairs.
1 First term relationship
(1) "The scope of the subjects of personal information" means the scope of the subjects of personal information dealt with in personal information handling affairs. Specifically, it refers to an individual type such as an applicant, a notifier, a taxpayer, an awardee, a lecturer, a child, and the like.
(2) "Recorded items of personal information" means items recorded as personal information such as name, address, telephone number, and the like.
(3) As for "How to collect personal information", personal information may be collected from the person himself (including application by a legal representative etc.) or from others, so in order to clarify the collection method, Respectively.
(4) "Matters specified by the executing agency" are items prescribed in the Ordinance Enforcement Regulations prescribed by the executing agency, which means the collection timing and the recording medium of personal information.

2 Third term relationship
In order to clarify to the local people what kind of personal information handled by the executing agency and to make it a clue when requesting disclosure of personal information, it is stipulated that public inspection should be carried out in general.

3 Section 4 Relationship
(1) As for affairs related to personnel, salary, service, welfare benefits etc of staff of Honmachi, as well as administrative affairs relating to employees' dependents and staff concerning the performance of staff's duties, etc., personal information handling office The provision on notification, disclosure, amendment etc., request for correction, etc. shall not be applied.
(2) "Person who was an employee" means a person who left his hometown due to retirement, unemployment, dismissal, etc.

Collection limitation

Article 7 When collecting personal information, the executing agency shall clarify the purpose of handling personal information handling and collect it by reasonable and fair means within the range necessary for achieving the purpose.

(2) When collecting personal information, the executing agency shall collect it from the principal. Provided, however, that this shall not apply to any of the following items.
(1) When the consent of the principal (if the principal is an adult ward, a statutory agent, the same shall apply in Article 8, paragraph 1, item 1).
(2) When it is based on the provisions of laws or other ordinances (hereinafter referred to as "laws and regulations, etc.").
(3) When receiving provision from another executing agency pursuant to Article 8, paragraph 1, item 5.
(4) When being made public by publication, news reports, etc.
(5) When it is deemed urgent and unavoidable for the protection of personal life, health, life or property.
(6) When it can not be gathered from the principal due to reasons such as unknown location, mental loss, etc. and it is deemed that there is no risk of unjustly infringing the rights and interests of the individual.
(7) In addition to what is listed in each of the preceding items, when the executing agency allows the public interest necessary.

3 When the executing agency makes a certification under the provisions of item 7 of the preceding paragraph, it shall hear the opinion of the Niseko Town Personal Information Protection Review Board (hereinafter referred to as the “Review Board”) in advance regarding the recognition.

(4) When the executing agency collects personal information from other than the principal pursuant to the provisions of the proviso to paragraph 2, he / she shall notify the mayor and the following matters to the town mayor as well as for general public inspection.
(1) Purpose of collection
(2) Reasons collected from outside the principal
(3) Items of collected personal information

(5) The executing agency shall not collect the following personal information. Provided, however, that this shall not apply when the implementing agency recognizes that it is necessary for achieving the purpose of handling personal information handling, or when it is necessary based on the provisions of laws and regulations, and that it can not be omitted.
(1) personal information on ideas, beliefs, beliefs and other physical and mental
(2) Personal information that may cause social discrimination

(6) The provisions of paragraph (3) shall apply mutatis mutandis to the recognition under the proviso of the preceding paragraph.

Commentary

1 First term relationship
(1) In this section, when the executing agency collects personal information, clarify the purpose of collecting so as not to collect information other than necessary information, and to the extent necessary for achieving the purpose, personal information In order to ensure that it will be collected.
(2) "Collecting personal information" means not only that the executing agency actively acquires personal information from things other than the executing agency but also passively by applying, notifying, filing, filing, consulting, etc. Also included is acquisition.
(3) "To clarify the purpose of handling personal information handling" means to clarify what purpose the personal information to be collected is to be used, specifically, the items reported in Article 6 To general public inspection.
(4) "To the extent necessary for achieving this purpose" means the minimum range of personal information considered necessary for enforcing the affairs, prohibiting collecting unnecessary personal information For example.
(5) "Collecting by appropriate and fair means" means collecting by means complying with laws and regulations, as well as collecting by reasonably considered socially reasonable thought from the purpose of administrative work .

2 The second term relation
(1) In this section, it is not guaranteed to "control the flow of information of yourself", that personal information is collected unknowingly before the person himself knows, causing the possibility of infringement of privacy Therefore, when collecting personal information, in principle, doing what you do from the principal, as well as cases where you can collect from people other than yourself.
(2) "Collecting from the principal" includes the case of collecting personal information directly from the principal, as well as the case of receiving via personal information such as an application form. In addition, when collecting personal information from a legal representative of an adult ward or a minor, etc. who has no intention ability, it is deemed to have been collected from himself / herself.
(3) No. 1 relationship
"When there is consent of the principal" means the case where personal information is gathered from a person other than the principal, the document or the consent of the principal is orally given.
(4) No. 2 relationship
"Laws or other ordinances" means laws, cabinet orders, ministerial ordinances (not including notifications and administrative examples) and ordinances, and when a person other than the principal obliges the executing agency to provide personal information It also includes what is interpreted as a case where it can be collected from other than the principal judged from the purpose or purpose of law or other ordinance.
Specifically, there are the following examples.

Example of collecting which obligates non-principal to provide personal information
Regional Tax Code Article 317-6A person who pays a salary shall be required to submit a salary payment report etc. to the municipal mayor
Article 9 of the Basic Resident Register LawProvision to notify the municipal mayor of the transference when the juminhyo (certificate of residence) is entered
(A) Examples of gathering from persons other than principals judged from the purpose and purpose of laws or regulations
Article 22 of the Public Offices Election ActProvisions that must be registered in the voter list based on the records of the basic resident register
Article 20 of the Local Tax Law 11Regulations that tax collectors can request cooperation from public offices, etc. concerning surveys on local taxes
Section 298 of the local tax lawProvision that tax collector can question inquiries for survey on municipal taxes
Article 29 of the Livelihood Protection ActA provision that allows the welfare office manager to commission an investigation to a public office for decision or implementation of protection and to request reports from related persons
Child benefit law Article 28Regulations that the municipal mayor can request reports on the status of income from eligible qualifiers regarding payment of child allowance
(5) Issue 3 Relationship
"Other executing agency" refers to the executing agency other than the executing agency to be collected, specifically, the board of education in the case where the town mayor collects from the board of education falls under this.
The reason why "exception is given from another executing agency" is because the executing agency is subject to restrictions on the provision of personal information under Article 8, so there is no need to duplicate restrictions is there.
(6) Relationship to item 4
"When it is made public by publication, news reports, etc." refers to a state that any person can acquire through newspapers, books, television, radio or lecture meetings, briefing sessions, public meetings, etc., Those which are distributed only to a specific person are not applicable.
Also, even if it is made public, it may not be applicable depending on the transition of years, etc., so it is necessary to make a judgment at the time of collecting the information.
(7) Issue 5 Relationship
"When it is deemed urgent and unavoidable to protect the life, health, living or property of an individual" means that the life, health, living, or property of an individual from a large-scale fire, earthquake, accident such as an accident, In order to collect personal information from himself in order to protect it.
(8) Relationship of item 7
A "There is a need for public interest" means that there is a reasonable reason for the executing agency to collect from persons other than the principal, such as cases where it can not be gathered from the principal due to the nature of clerical work, or when collection from the principal causes a significant hindrance to administrative execution It means something.
(A) In collecting personal information pursuant to the provisions of this item, since it is required to objectively judge the appropriateness of the collection of personal information from persons other than the principal, it is decided to hear the opinion of the examination board .

3 Section 4 Relationship
(L) In this section, if the original division gathered from other than the principal pursuant to the proviso of the preceding paragraph, according to the principal of collecting principals, collected from other than the principal. The object, the reason, and items of collected personal information are notified to the town mayor and it is decided to serve for general public inspection.
(2) Notification shall be made in the form prescribed in Article 3 of the Ordinance Enforcement Regulations.

4 Section 5 Relationship
(1) In this section, basic personal information on mind and body, such as thought, faith, creed, medical history, disability, etc., is deeply involved in the dignity of individuals, and as to these information, meaning of defending basic human rights It is stipulated that collection is prohibited from.
(2) "Laws and regulations, etc." is based on the explanation in item 2 of paragraph 2.
"When based on the provisions of laws and ordinances" means the case where legislation is planning to gather information when obligations are handled or authority exists, as well as requirements are examined.

Specifically, there are the following examples.
Article 86 of the Public Offices Election ActProvisions concerning notification concerning the domicile of the domicile of the official candidate, the political party to which it belongs
Article 16 of Local Public Service ActRegulations on disqualification items when staff recruitment
(3) "Thoughts, beliefs, beliefs" is information on the inner centers of individuals and refers to individual beliefs such as social and political ideals, political beliefs, and religious beliefs.
(4) "Personal information that may cause social discrimination" means information that a specific individual may have discrimination consciousness from the surrounding people, on the basis of social norms, information, race, pride, criminal record , Specific medical history and the like.
(5) When collecting personal information for which collection is prohibited based on the provisions of laws and ordinances, when collecting personal information prohibited from collecting from persons other than the principal, etc., the name of the law or the like that is the basis of the start notification form and the reason for gathering It is necessary to clarify such as.
(6) In collecting personal information, it is necessary to strive for appropriate operation, such as explaining the purpose to collect to the principal or the other party as necessary.

[Operation]
(Method of personal agreement)
1 When collecting personal information from a person other than the person himself / herself, the method of obtaining the consent of the person shall be the following example. Which method to use depends on the content of clerical work and personal information, so select what is judged appropriate.
(1) When there is a necessity to collect from persons other than the principal, a method to notify the corresponding person and to have the consent form submitted
(2) How to have a separate consent form be submitted when receiving application form and notification form from himself / herself
(3) A method of having a consent column for gathering from applications other than the principal in the entry field of the application form or notification form and asking for a signature separately from the application field
(4) A method of preliminarily collecting information from non-principal in application form or notification form, and treating the application and notification form as consolidation
(5) In the case of a bodoy, how to record that consent was given by a boss
(Clerk concerning personal information gathering notification form from non-principal)

2 When the original department wishes to collect personal information from other than the principal, after confirming whether or not it violates the handling of personal information specified in the ordinance, prepare a draft proposal, after the approval, regulations governing ordinance Submit it to the General Affairs Division pursuant to the Personal Information Collection Notification Form from other than the principal prescribed in Article 3.

3 The General Affairs Division prepares a copy of the notification form for 2 from the original department, prepares a copy thereof, spells out the relevant affairs of the file of the personal information handling office start notice, Put the file in the division counter.
4 3 In the General Affairs Division, do the administrative affairs to notify the general public of public service and notify the place.
5 Notification of 2 is entered in the database using the office automation equipment to make it searchable.

Proper management

Article 9 The executing agency shall properly maintain and manage personal information and keep personal information managed by it accurate and up to date.

(2) In order to achieve the purpose set forth in the preceding paragraph, the implementing agency shall take necessary measures such as preventing personal information leakage, loss, alteration, damage, etc. (hereinafter referred to as "leakage, etc.").

(3) To fulfill the purpose of paragraph (1), the executing agency shall certainly and promptly discard or erase personal information that it no longer needs to possess. However, this does not apply to personal information that will be stored as historical and cultural materials.

Effect

This Article stipulates the proper maintenance and management of personal information possessed by the executing agency and the disposal or deletion of personal information which is no longer necessary.

Commentary

1 First term relationship
(1) "Accurate and up-to-date" means that personal information managed by the executing agency is accurate and up-to-date.
In connection with administrative affairs, those that preserve past records for a certain period (such as the list of each council), those related to administrative work using that record based on past records (home helper consultation records, etc.) Etc., it is desirable to clearly state the creation time, since records which are not latest are to be kept as they are.

2 The second term relation
(1) The following measures can be considered as "necessary measures such as preventing leakage, loss, tampering, damage, etc."
A. Physical measures
To ensure that documents containing personal information are not left untreated, maintenance of facilities, equipment, etc. for proper storage and storage of documents, etc., in which personal information is recorded shall be carried out.
A) Technical measures
Information encryption, password, restrict access by ID card etc.
Administrative measures
To properly manage personal information, improve the organization by restricting temporary staff and others from handling personal information.
(2) In order to properly maintain and manage personal information, it is obliged to pay attention to the following matters to the section chief (chief of the section in the document handling regulation) in Article 6 of the Ordinance Enforcement Regulations, The section chief is supposed to be able to appoint a person in charge of personal information management from among the staff to which he belongs.
(A) Handling of documents in which personal information is recorded and handling of recording media.
A) About the system handling personal information.
(C) Matters concerning the handling of personal bonds themselves.

3 Second term relationship
(1) "It is no longer necessary to hold" usually means that a preservation period prescribed based on the document handling regulations, etc. has elapsed, but for those for which a preservation period has not been determined, the personal information Means that you no longer need to use it to carry out the affairs.
(2) "Disposing surely and promptly" generally refers to cutting by incineration, shredder, etc. In the case of magnetic information recorded on a magnetic tape or the like, erasing is performed.

[Operation]
1 Maintenance method of personal information
(1) Whenever personal information is used for office work Person who is not related to clerical work should not leave things where personal information is recorded in places where they always come in and go out.
(2) If you do not normally use personal information for office work, always keep it in a locker. For items with particularly important personal information recorded, we shall carefully manage such as locking the key locker etc and keeping it.

2 Person in charge of personal information management
(1) The person responsible for managing personal information shall perform the affairs related to the duties of the section manager listed in commentary 1 (3), but this is because other staff need to manage personal information, etc. It does not mean that there is nothing.
(2) When nominating, changing, or dismissing a person responsible for personal information management, each person shall notify the Personal Information Protection Section.
(3) Protection of Personal Information The administrator should give instructions to staff of the affiliated section properly and enlighten them to further raise awareness concerning protection of personal information.

 

Measures of consignment

Article 10 When the executing agency intends to outsource the processing of all or a part of the handling of personal information handling affairs, there are matters concerning the prevention of leakage of personal information, etc. in contracts concerning consignment, cancellation of contract when violating the contract Matters pertaining to damages, etc., and shall take other measures necessary for proper management of personal information.

(2) Any person engaged in or engaged in administrative affairs entrusted pursuant to the provisions of the preceding paragraph shall not inform others of the personal information that he / she knew about its affairs or use it for unfair purposes.

Commentary

1 First term relationship
(1) "Processing of all or a part of personal information handling affairs" means all cases where personal information is included in the affairs to be entrusted.
For example, it refers to the entrustment relating to the creation of input data for electronic computer processing, the management of public facilities and the consignment of storage, as well as the inclusion and sealing of notices, sealing of luggage, and lending of roster accompanying delivery.
(2) "Measures necessary for proper management of personal information" means that in consignment contract, clearly state necessary matters concerning proper handling of personal information in outsourcing agreement, and subcontractors concerning protection of personal information To impose obligation.

2 The second term relation
This section stipulates to protect the rights and interests of individuals by requiring employees of contractors to handle appropriate personal information that they knew about the affiliated office work.

[Operation]
When concluding a consignment contract, items to be specified in the outsourcing agreement are as follows.
(1) Matters concerning prevention of leakage of personal information
(2) Matters concerning maintenance of confidential information
(3) Matters concerning the prohibition or restriction of re-entrustment
(4) Matters concerning prohibition on non-purpose use, external provision
(5) Matters concerning the prohibition of copying and reproduction
(6) Matters concerning reporting work at the time of accident occurrence
(7) Matters concerning the obligation to return provided materials
(8) Matters concerning termination of contract and compensation for damages when violating the matters specified in the contract
(9) Other matters specified by the executing agency

Section 2 Request for Disclosure of Personal Information, etc.

Request for disclosure

Article 11 No one shall grant to the executing agency any personal information pertaining to himself owned by the executing agency (excluding those pertaining to the affairs prescribed in Article 6, paragraph 4, Article 20 paragraph 1 and 25 The same shall apply in paragraph 1 of the Article) (hereinafter referred to as "disclosure request").

(2) A statutory agent of a minor or an adult ward may make a request for disclosure on behalf of the principal.

Effect

This Article guarantees the right to request the executing agency to disclose personal information concerning himself and specifies the range of personal information that can be requested for disclosure and persons who can request disclosure on behalf of the principal.
 

Commentary

1 First term relationship
(1) "Any person" means all natural persons including foreigners, not limited to townspeople.
(2) "Executing agency owns" means all personal information possessed by the executing agency.
(3) Personal information that can make a request for disclosure is only "personal information on self", even if personal information such as a spouse, family member, etc. can not make a request for disclosure.
(4) In the cases listed below, it is possible to request that personal information of the deceased be considered as information of himself.
In the case of personal bonds concerning property inherited from a deceased being a deceased person, the heir
(A) In the case of personal information relating to claims for damages or liabilities due to invalid acts inherited from the deceased being a deceased person, the heir
(Iv) In the case of personal information on rights and obligations acquired by a claimant due to causes other than inheritance due to death of death or injury such as relief fee peculiar to an immediate family, the person who acquired that right / obligation

2 The second term relation
(1) This section prescribes that a minor or an adult ward may grant a proxy request only to these legal representatives, as it may be difficult for them to make a request for disclosure by themselves is there.
(2) "Year of completion" means a person whose age does not reach 20 years.
(3) "Adult ward" means a person who has received a declaration of non-governmental product pursuant to Article 7 of the Civil Code.
(4) "Legal representative" is a statutory substitute person under the Civil Code.
A legal representative of a minor is primarily a custodial person (civil code Article 818, etc.), secondarily a guardian (civil law Article 839, etc.), a legal representative of an adult ward , Guardian (Civil Code Article 840, etc.).

[Operation]
(1) With respect to items for which procedures such as browsing are prescribed by other laws and regulations, we shall endeavor to respond appropriately, such as by notifying the relevant counter.

2 In the case where it is recognized that it has intention ability, such as being able to make a request for disclosure even by minors, the disclosure request from the principal shall be accepted.

(3) A statutory agent may not exercise the right to request disclosure on behalf of the principal without the intention of the principal requesting it.

4 With regard to claims made by an agent, we do not fully accept it, but admitting proxy requests widely may be lacking in protection of the person himself / herself, so when we admit this it is limited to cases where there are unavoidable circumstances etc. It is necessary to handle carefully.

Personal information that should not be disclosed

Article 12 The executing agency shall not disclose the personal information concerning personal information corresponding to any of the following items.
(1) Personal information that can not be disclosed to the person in accordance with the provisions of laws and regulations
(2) Information that contains information on a third party and which, by disclosing, harms the legitimate right or interest of the third party

Commentary

1 "Not to disclose" means that in case of falling under any of the items of this section, there is no room for discretion and it must be made non-disclosed.

2 No. 1 relationship
This issue stipulates that personal information that is said to be unable to disclose to the principal by law or the like can not be disclosed in this system as well.
In addition to what is clearly stipulated not to disclose in view of the purpose and purpose of laws and regulations, although it is clearly not stipulated as non-disclosure, social norms also include those that can not be disclosed if properly interpreted.

3 No. 2 Relationship
This issue was established in order to prevent privacy of individuals other than those who requested disclosure from being violated.
In general, something that has an obvious regulation that harms legitimate rights and interests and does not want others to know is inevitable for public social reasons, but for those that do not have obvious provisions, By carefully handling personal information, we must make objective judgments by listening to opinions.

Personal information that can not be disclosed

Article 13 The executing agency may not disclose the personal information concerning personal information corresponding to any of the following items.
(1) Things related to evaluation, diagnosis, judgment, guidance, consultation, selection etc. of individuals, which are found to be appropriate for not notifying the individual
(2) By disclosing, it will interfere with the protection of individual's life, health, living or property and other public safety and order
(3) Clerical affairs or town organizations in cooperation with the agencies of the national and local governments and other public entities (hereinafter referred to as "national, etc.") received requests or consultations from the agencies of the country etc Personal information concerning affairs, which may cause serious obstacles to its cooperative relationship by disclosing it
(4) Personal information concerning administrative affairs such as enforcement, supervision, on-site inspection, permission, approval, examination, bidding, negotiation, negotiation, litigation, etc. conducted by an agency of the town or an agency such as a country, Which may cause the object of implementation of the administrative agency or the smooth implementation of the affairs to be seriously impaired
(5) In addition to what is listed in each of the preceding items, personal information that is deemed appropriate to not disclose in public interest

(2) When the executing agency intends to acknowledge that the personal information pertaining to the request for disclosure is personal information prescribed in item 5 of the preceding paragraph, he / she shall hear the opinions of the committee in advance concerning that matter.

Commentary

1 The executing agency may not disclose personal information that falls under any of the items of this Article when there is a request for disclosure but this is only exempting the executing agency's disclosure obligation, It does not impose obligation.

2 No. 1 relationship
(1) "Evaluation" means a record that has been surveyed and evaluated based on the results, in order to fairly and accurately evaluate individual capabilities, personality, aptitude, etc., such as academic performance, work status, and achievement.
(2) "Diagnosis" means a record such as diagnosis, examination, examination, treatment, etc. conducted from a professional point of view at a medical institution or the like concerning diseases, health conditions and the like.
(3) "Judgment" refers to the result of evaluating based on the results of examinations, inspections, etc. on the basis of professional viewpoint or certain criteria concerning individual knowledge, qualities, personality, etc. and judging.
(4) "Guidance" means the record of education and instructions made to improve personal academic ability, ability, skills, etc. or to improve health condition or living condition.
(5) "Consultation" means to be able to ask for discussions and opinions on living, health, etc, and how to deal with it, responses etc.
(6) "Selection" refers to the selection of appropriate persons, prize winners, etc. who will be in a particular position based on an investigation of individual capabilities, qualities, backgrounds etc.
(7) "Those that are admitted to be inappropriate not to inform the principal" means the following.
(A) In the case where the individual himself / herself knows the evaluation, diagnosis, etc. of the self, hinders the motivation and ambition of the person himself / herself, and there is a possibility of adversely affecting him / her
(A) Knowing the assessment, diagnosis, etc. of the person himself, the process and standards of clerical work become clear, and it becomes difficult to conduct the same kind of evaluation, diagnosis, etc. in the future
C) In cases where it is generalized not to inform the principal of disease name etc.
In the case of information provided by a third party, if the trust relationship between the third party and the principal is likely to be compromised by the person himself / herself knowing

3 No. 2 Relationship
(L) This issue is due to the fact that there is information that the criminal office can disclose in personal information handled by the town, which may lead to infringement of individual's life, body, property, etc., , In order to secure public safety and maintain order, it is what sets out what can not be disclosed.
(2) "Protection of life, health, living, property, etc. of an individual" means that personal life, health, living, property, etc. are infringed, personal honor is infringed or subject to intimidation It causes a situation that causes mental suffering.
(3) "Other hindrance to public safety and order" means not only a hindrance to the prevention of crime but also a case where it is difficult to maintain peaceful lives of residents.

4 No. 3 Relationship
(1) In this issue, town administration is closely related to the country etc, and it is often operated while cooperating with each other, so it is necessary for the request, consultation etc. between the town and the country etc. Personal information created or acquired on the basis of this document and which is deemed to significantly impair cooperative relationships or trust relationships with the country etc. by disclosing it shall determine what can not be disclosed.
(2) Whether or not there is a serious obstacle to cooperative relations, whether or not there is an influence by disclosure, such as listening to opinions from the country etc., so that the judgment will not be subjective, objective It is necessary to grasp it and judge it.
(3) Including those instructed by the government in delegation of institutions.

5 No. 4 Relationship
(1) This issue has been established from the viewpoint of achieving the objectives of administrative work done by the administration or ensuring fair and appropriate execution.
(2) "Enforcement, supervision, and on-site inspection" means that administrative organizations perform based on authority and control such as violation of various laws and regulations.
(3) "Permission, approval" is related to administrative disposition, and refers to licensing, revocation, suspension, etc. as similar affairs.
(4) "Test" means qualification test, recruitment test, etc.
(5) "Bidding" means competitive bidding relating to construction order, purchase of goods, etc.
(6) "Negotiation" refers to making an arrangement by talking with the counterparty, and refers to compensation, negotiation concerning compensation, negotiation concerning the sale and purchase of land, labor negotiations and the like.
(7) "Outsourcing" refers to affairs related to talent, ceremonies, companions, etc. for promoting administrative and financial management, etc. of the town conducted with foreign countries, local governments, local governments, private organizations and others.
(8) "Dispute" means an appeal such as a lawsuit, an administrative appeal examination law, etc. There is a dispute which may develop into a dispute as a similar affairs.
(9) "A person who loses the purpose of implementing administrative projects or has a serious obstacle to the smooth implementation of the administrative work" means the following.
(A) A person giving a profit to a specific person or causing significant injustice
(A) The time when the implementation of the administrative project is delayed significantly, causing a significant deterioration in the quality of administration
C) Information that is necessary for the implementation of administrative projects or those that may be difficult to obtain understanding and cooperation from stakeholders, or that may significantly impair the economic interests of the town

6 Issue 5 Relationship
This issue stipulates that the executing agency can not disclose it, except for the personal information listed in each of the preceding items, that the Board judged that there is considerable necessity and justification not to disclose it is there. With this in mind that information is always diversified and complicated, and that the administration is constantly changing, information that is difficult to predict at the moment is guaranteed objectively and fair in the future, and as a matter of exemption So as to be determined.

7 Second term relationship
This section mandated listening to the opinion of the Board so that the interpretation on the public interest would not be arbitrary by the implementing agency.
 

Partial disclosure

Article 14 The executing agency can easily separate the part in the case where the following personal information is recorded in the personal information relating to the request for disclosure and does not impair the purpose of disclosure by the separation , We shall disclose said personal information except for that part.
(1) Personal information corresponding to either item 1 or item 2 of Article 12
(2) personal information that falls under any of the items of paragraph 1 of the preceding article, personal information that is deemed not to disclose personal information about the recorded personal information as the personal information is recorded

Commentary

(1) In the case where private information that can not be disclosed is included in the personal information requested to be disclosed, the executing agency shall easily and unambiguously disclose the part of the information (hereinafter referred to as "non-disclosed part"), If it can be separated to the extent that it does not impair, it must disclose it except for the non-disclosed part.
2 "Easily" means that it is easy to judge from the cost, labor, etc. for separating the disclosed part from the non-disclosed part.
3 "The purpose of disclosure is not impaired" means that the content of personal information that the requestor wishes to know is judged sufficiently, except for the non-disclosed portion, from the gist of the request for disclosure of personal information It means a case.

[Operation]
1 Partial disclosure of personal information should be addressed in full consideration of the purpose of the principle disclosure.
2 When the disclosed part and the non-disclosed part are described on the same page, either copy it over the relevant non-disclosed part or copy all of the corresponding page, erase the non-disclosed part with magic etc., It shall be disclosed by copying it.

Disclosure request method

Article 15 A person who intends to make a request for disclosure shall submit a request stating the following matters to the implementing agency.
(1) Name and address
(2) Items necessary for specifying personal information pertaining to the disclosure request
(3) In addition to what is listed in the preceding two items, matters specified by the executing agency

(2) A person who intends to make a request for disclosure may, when submitting the request set forth in the preceding paragraph, request the executing agency to submit documents necessary for certifying that he / she is the principal of the personal information pertaining to the disclosure request or its legal representative Submit or present it to the company.

Commentary

1 First term relationship
(1) Since it is necessary to clarify that the request for disclosure is an application procedure for seeking administrative disposition of decision of disclosure as the exercise of the disclosure requester, and it is an application based on the facts and the will of the individual himself / herself , The disclosure request prescribed in Article 7 of the Ordinance for Enforcement regulating the necessary matter shall be made.
(2) When making a request for disclosure, we must confirm that you are the principal, so we will not accept requests for disclosure by verbal or telephone etc which is difficult. In principle, we will not approve the request by postal mail for the same reason.
(3) "Items necessary for identifying personal information" means the name and content of the affairs, the time and location at which the affairs were implemented, the specific contents for seeking disclosure, the individuals who intend to request disclosure Refers to a document for identifying a document or magnetic tape on which information is recorded.
(4) "Matters specified by the executing agency" means those specified by the executing agency under the Ordinance for Enforcement of Ordinances, specifically, methods of disclosure, contact addresses, etc.

2 The second term relation
In this paragraph, a person who intends to make a request for disclosure may submit or present a document (driver's license, passport, etc.) certifying that he / she is the principal of the personal information pertaining to the disclosure request or its legal representative It is obligation to set out.

[Operation]
(Window)
1 The common window of each executing agency that accepts disclosure requests is the General Affairs Division. However, if there is a request that the disclosure requestor wish to make a request for disclosure at the original department directly for the personal information belonging to the original division, the original request section will accept the request for disclosure.
(Receptionist clerk)

2 The administration office of the disclosure request is to be carried out in the general affairs section or original section as follows.
(1) When consultation pertaining to the disclosure request is made, hear the purpose and contents of the request, and confirm whether it is possible to identify the requested personal information and whether it should respond as a request for disclosure.
(2) If the personal information pertaining to the disclosure request is applicable to other regulations that fall under Article 52 of the Ordinance, it will not be applied to the ordinance, so explain to use other systems and if necessary Appropriate response such as informing the window of browsing etc., do not accept the request for the disclosure request.
(3) Confirm the qualification of the disclosure requester.
A Identification of the claimant's identity is performed by submitting or presenting a document that can confirm the principal, such as an automobile driver's license, a passport, an insured person's card such as health insurance · national health insurance, etc. When confirming that he / she is the principal , Describe the method of confirmation in the margin of the invoice.
In addition, if you are a resident registered in Honmachi and you can not verify the identity of the person who can verify the identity, obtain the consent of the person himself in writing, the individual's name, address, birth date etc Confirm the information against the information registered in Honcho.
(A) In the case of a request made by a statutory agent, a copy of a family register that can prove that he / she is a statutory agent, a copy of a juminhyo (certificate of residence), a certificate of a family court, and other documents that can confirm that he / she is a statutory agent; This is done by documents confirming the statutory agent itself (see above a).
(C) Disclosure requests by proxy are permitted within the scope of authority delegated by a document evidencing the authority being delegated. At that point, you must also verify your identity.
(4) Explain the description in the Disclosure Request and confirm whether there are any points such as omission in description, errors, uncertainty in contents, etc. If the disclosure request submitted is inadequate, request for disclosure Explain to the person to correct the insufficient part.
(5) If the form of the request for disclosure is in place, accept the request for the disclosure request and sign or affix a sign on the invoice.

(Request by mail)
3 In making a request for disclosure, in principle, a request by postal mail, which is regarded as prohibited, is limited to those who are unable to come to the office by illness or physical disability, that the claimant is the principal listed below After confirming by the method, we will accept the invoice.
(1) Perform ordinary written examination. In this case, if the document indicating that he is the principal is not the original
It will not.
(2) The items to be confirmed regarding the request are made by telephone or FAX.
(3) After examination, the document showing that he is the principal is a way that the arrival to the principal can be confirmed, the town will bear the cost and be returned.

(Explanation to the Disclosure Requester etc)
4 The following matters shall be processed in accordance with the method of the information disclosure system.
(1) Explanation to the Disclosure Requester
(2) In-house processing such as numbering of reception number of disclosure request
(3) Requests other than the designated form and requests for braille

Decision on disclosure request

Article 16 When there is a request for disclosure pursuant to the provisions of paragraph 1 of the preceding Article, the executing agency shall make a decision on whether to disclose within 15 days from the day on which the request was made.

(2) When 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 notify the person who made the request for the disclosure (hereinafter referred to as the "requesting party") in writing by writing the period after the extension and the reason for the extension.

(3) When making the decision set forth in paragraph (1), the implementing agency shall promptly notify the disclosure requesting person in writing of the content 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 personal information pertaining to the request for disclosure, the executing agency shall append the reasons to the document prescribed in the same paragraph, To the requestor of the disclosure.

(5) When the executing agency does not decide whether to make the disclosure within the period prescribed in paragraph 1 (in the case where such period has been extended pursuant to the provision of paragraph 2, within the period after the extension) , The Disclosure Requester may be deemed to have made a decision to not disclose.

Commentary

1 First term relationship
In this section, the executing agency has decided to disclose / not disclose within 15 days from the date of acceptance of the disclosure request with respect to the request for disclosure of personal information, and the notification form prescribed in the Ordinance Enforcement Regulations In order to achieve the objectives of the project.

2 The second term relation
(1) "It is possible to extend for a period of 15 days" means that when the date and time are required for retrieval and judgment of information due to unavoidable reasons, such as the large number of personal information subject to disclosure request, When the information on third parties other than the executing agency is included in the information of the third party, and when there is a reasonable reason when there is a time and date to hear the opinion of the third party.
(2) When extending the period of the decision, the notice shall promptly notify the disclosure requesting party by the notice prescribed in Article 1 of the Ordinance for Enforcement Regulations, the duration of the extension and reasons.

3 Paragraph 3 Relationship
(1) In the case where the disclosure information can be disclosed, if the disclosure requestor chooses to deliver a copy or send a copy, it must also notify the expenses required for it.
(2) "Contents of such decision" means the classification of disclosure / non-disclosure / partial disclosure, in the case of disclosure, the date and time of disclosure, the method of disclosure (viewing / viewing, delivery of duplicate, ), Expenses required for delivery of copies, and other necessary matters.
4 Clause 4 Relationship
In the case where it is not possible to disclose the personal information pertaining to the disclosure request, the reason for refusal shall be written as specifically as possible. Also, when the reason for refusing in the future disappears due to the lapse of time and the date on which browsing etc can be made clear can be specified beforehand, that fact and the due date are also notified.

5 Section 5 Relationship
"Assuming that there is a decision to not disclose" means to disclose the personal information within 15 days from the date of making the disclosure request (in case of extension, the date of the extended deadline) , It means that the disclosure requestor is able to take the following action on the premise of non-disclosure decisions, such as making an appeal, assuming that the disclosure requester has decided not to disclose.

[Operation]
(Administrative processing etc. in the original section)
The following matters according to the method of the information disclosure system.
(1) Clerical work handling at the original department after acceptance of disclosure request
(2) Notice to Disclosure Requester
(3) Processing when the information on the third party is included in the personal information requested for disclosure
(4) Process in the case where disclosure requested personal information does not exist

Hearing opinions to third parties

Article 17 When the information concerning a third party is recorded in the personal information pertaining to the disclosure request, the executing agency shall, in making the decision set forth in paragraph 1 of the preceding article, request the disclosure of the disclosure request Display of personal information pertaining to other information and other matters specified by the executing agency and giving the opportunity for the third party to express his / her opinion.

(2) The executing agency may collect personal information including information on information concerning the third party concerning personal information in which information on a third party is recorded, which falls under any of the items of Article 13, paragraph 1 Notwithstanding the provision of the preceding paragraph, prior to making the decision set forth in paragraph 1 of the preceding article, the indication of personal information pertaining to the request for disclosure and other implementing agencies may request the third party Notify the matters to be specified in writing and give the third party an opportunity to express his / her opinion.

(3) In the case where a third party gives an opinion against a third party to disclose personal information including a part having information on the third party pursuant to the provisions of the preceding two paragraphs, the executing agency may collect personal information When making a decision to disclose, it shall have at least two weeks between the date of such decision and the day of disclosure. In this case, immediately after the decision, the executing agency shall notify the person who has written the opinion to the effect that the decision has been made, the reasons thereof, and the date of implementation of the disclosure in writing.

Commentary

1 First term relationship
(1) "Third Party" means information on third parties other than Honmachi, such as individuals, corporations, countries, etc. other than the Disclosure Requester.
(2) "The third party can give an opportunity to express his / her opinion" is defined in order to judge whether to disclose more appropriately, and in advance in the administrative procedure, announcement in advance Or they do not have personality as a hearing, nor do they give the consent of disclosure / non-disclosure.

2 The second term relation
(1) "The third party must give an opportunity to express his / her opinion" means that he / she shall be given a more appropriate judgment on whether to disclose or not, and as a hearing in administrative proceedings It has character.

3 Paragraph 3 Relationship
"At least two weeks must be placed between the date of such decision and the day of disclosure" shall have the nature of a civil procedure and the nature of hearing on administrative procedures.

Procedure in the case where the personal information pertaining to the disclosure request is absent

Article 18 When the personal information pertaining to the disclosure request does not exist, the executing agency informs that within 15 days from the date of the disclosure request, the disclosure agency does not disclose the personal information because it is absent I have to make a decision.

2. The provisions of Article 16, paragraphs 2 to 5 shall apply mutatis mutandis to the determination set forth in the preceding paragraph.

Commentary

1 First term relationship
In the case where the personal information pertaining to the disclosure request confirms that it is "absent" by conducting the confirmation work, it decides the absence with the reason.

2 The second term relation
Mutual provision such as extension of cases where it took time to confirm absence.

Implementation of disclosure

Article 19 When the executing agency has decided to disclose personal information pursuant to the provisions of Article 16, paragraph 1, the executing agency shall promptly disclose personal information to the requesting party.

(2) Disclosure pursuant to the provisions of the preceding paragraph shall be conducted in accordance with the method prescribed by the executing agency, in accordance with the nature of the document or the like that records the viewing or duplication of personal information pertaining to the disclosure request or the personal information pertaining to the disclosure.

(3) When the executing agency discloses the personal information pertaining to the disclosure request, it may damage or destroy the document or the like in which the personal information is recorded, when disclosing according to the provisions of Article 14, other rational When there is a reason, disclosure of personal information shall be carried out by copying the document or the like or outputting or extracting from the document or the like.

4 Disclosure of personal information shall be made at the date and time and location 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 person receiving the disclosure.

Commentary

1 First term relationship
"Promptly" means to conduct disclosure within a period of about one week after deciding to disclose self-information. However, information on third parties will be held after a period of about two weeks.

2 The second term relation
Implementation of disclosure of personal information shall be done by way of viewing / viewing, delivery of copies and sending.
(1) Information that can be browsed in a normal state means browsing of the information or a copy thereof.
(2) Information recorded by a microfilm or other magnetic tape or the like is outputted on paper or the like using the device from viewing or viewing by a device that converts the information into an item that can be understood or from the medium on which the information is recorded Refer to things.
(3) Delivery of duplicates usually means direct delivery to the principal, but it is also possible to send by post or fax at the request of the applicant.
(4) Creation of duplicates is usually copying by dry copying, and copying of media recorded by magnetic tape etc. can be made at the request of the applicant.
(5) Transmission of copies shall be conducted in a way that can be reliably delivered to the principal from the meaning of protecting personal information.

3 Paragraph 3 Relationship
(1) "When there is a risk of causing contamination or damage" means a document which is frequently used such as documents or the like, documents having historical value, documents with intense damage or the like, Or the possibility of being damaged is high.
(2) "Other reasonable reason" means personal information recorded on a magnetic tape or the like, so that even if you view the state as it is, you can not understand it.

4 Clause 4 Relationship
(1) As for the date and time designated by the executing agency, it is necessary to designate the date and time at which the dispute requesting disclosure of personal information does not occur, and in the case where a request for change is made from the disclosure requesting party, Regardless of beforehand, it is necessary to respond to the request.
(2) The place designated by the executing agency shall be the place designated by the general affairs section or executing agency.
(3) The date and time when the disclosure requestor wishes to send a copy is the date and time that the executing agency will send the copy to the requester.

[Operation]
(Date and time and place etc.)
The following matters according to the method of the information disclosure system.
(1) Date and time and location
(2) Clerical work such as browsing. Provided, however, that the method of identity confirmation pertaining to persons who are not presented with the disclosure decision notice shall be in accordance with the method at the time of request for disclosure.
(3) Method of preparation and delivery of copies
(4) Sending copies. However,

3 Paragraph 3 Relationship
(1) "When there is a risk of causing contamination or damage" means a document which is frequently used such as documents or the like, documents having historical value, documents with intense damage or the like, Or the possibility of being damaged is high.
(2) "Other reasonable reason" means personal information recorded on a magnetic tape or the like, so that even if you view the state as it is, you can not understand it.

4 Clause 4 Relationship
(1) As for the date and time designated by the executing agency, it is necessary to designate the date and time at which the dispute requesting disclosure of personal information does not occur, and in the case where a request for change is made from the disclosure requesting party, Regardless of beforehand, it is necessary to respond to the request.
(2) The place designated by the executing agency shall be the place designated by the general affairs section or executing agency.
(3) The date and time when the disclosure requestor wishes to send a copy is the date and time that the executing agency will send the copy to the requester.

[Operation]
(Date and time and place etc.)
The following matters according to the method of the information disclosure system.
(1) Date and time and location
(2) Clerical work such as browsing. Provided, however, that the method of identity confirmation pertaining to persons who are not presented with the disclosure decision notice shall be in accordance with the method at the time of request for disclosure.
(3) Method of preparation and delivery of copies
(4) Sending copies. However, the method of ensuring that the classification such as mailing is delivered to the disclosure requesting party shall be adopted.

Request for correction

Article 20 Every person shall, when he / she finds that there is a mistake in fact with regard to personal information pertaining to him / her owned by the executing agency, corrects or deletes the personal information (hereinafter referred to as "correction etc." You can make a claim for.

2. The provisions of Article 11, paragraph 2 shall apply mutatis mutandis to requests for correction, etc.

Commentary

1 First term relationship
(1) "Any person" means all natural persons including foreigners, not limited to townspeople.
(2) "Executing agency owns" means all personal information possessed by the executing agency.
(3) "False facts" are described in reality as personal information to be taken as facts, in view of objectively judgeable items such as name, address, gender, age, family composition, academic qualifications and qualifications It means that personal information does not match.
(4) Matters concerning value judgment such as individual evaluation and opinions are not included. However, it shall include inappropriateness such as evaluation based on erroneous facts. In this case, the executing agency will correct it with consent of the entity that made the evaluation and the like.
(5) "Correction" includes not only correction of errors in recorded contents of personal information but also addition of adding missing contents.
(6) "Delete" means, with respect to the handling of personal information, the disposal of personal information recorded in the document against personal information recorded in violation of collection restrictions, usage and provision and proper management Or to erase personal information recorded on a magnetic tape or the like.

2 The second term relation
This paragraph stipulates that a legal representative of a minor or a non-government shall be able to request correction of self-information on his behalf.

[Operation]
(1) The executing agency shall endeavor to respond appropriately, such as by notifying the counter for procedures for which corrections and other procedures are prescribed by other laws and regulations.

(2) In cases where it is deemed that a minor has a willingness to make a request for correction, etc. on a request for correction etc. by a statutory representative, a request for correction etc. from the principal will be accepted.

(3) In cases where there is a request for correction etc. from the legal representative and it can be surely judged that the personal information is wrong, we will make correction etc. regardless of the will of the person himself / herself.

Implementation of correction etc.

Article 21 In the case where there is a request pursuant to paragraph 1 of the preceding Article (hereinafter referred to as "request for correction etc."), the implementing agency shall promptly inquire as to the facts concerning the matter pertaining to the request for correction etc. To correct such errors, etc. Provided, however, that if there are special provisions on other laws and ordinances concerning amendments, etc, or if the executing agency is not authorized for such correction, etc., corrections etc. can not be made.

(2) In the case where the executing agency does not have the authority for such correction, etc. pursuant to the provision of the provision of the preceding paragraph, it shall request the institution having the authority for such correction, etc. for such correction.

Commentary

1 First term relationship
(1) "When there are special provisions in laws and ordinances, etc. per correction etc." is clearly prohibited in cases where requests for correction etc. are permitted under the provisions of other laws or regulations or correction etc. .
(2) In the event that there is an error concerning facts, the executing agency may correct such as ex officio pursuant to the provision of Article 9 that personal information must be kept accurate and up to date.

2 The second term relation
(1) "When the executing agency does not have authority to correct, etc." means that, other than the executing agency, such as a registry certificate or the like, personal information created by his / her own authority and responsibility is corrected etc. to the executing agency There is no authority of.

Method of request for correction etc.

Article 22 Any person who intends to make a request for correction etc. shall submit a request stating the following matters to the executing agency.
(1) Name and address
(2) Parts of personal information pertaining to requests for correction etc. and its contents
(3) In addition to what is listed in the preceding two items, matters specified by the executing agency

(2) A person who intends to make a request for correction etc. shall submit or present to the executing agency a document certifying that the content requesting correction etc. matches the fact.

3 The provision of Article 15, paragraph 2 shall apply mutatis mutandis to a person who intends to make a request for correction, etc.

Commentary

1 First term relationship
(1) A request for correction, etc. is an application procedure seeking administrative sanctions such as a decision to correct as the exercise of the requestor for correction etc., and it is clarified that it is an application based on the facts and the intention of the principal It is necessary to do so by a correction / deletion request stipulated in Article 11 of the Ordinance Enforcement Regulation that describes necessary items.
(2) "Matters specified by the executing agency" means those specified by the executing agency under the Ordinance for Enforcement Ordinance, etc. Specifically, it means contact information, items to be stated when the agent requests such.

2 The second term relation
(1) In this section, a person who intends to make a request for correction etc shall submit or present a document showing that the contents of personal information seeking correction etc. matches the facts upon request for correction It is what sets out not to be.
(2) "Materials to prove that the content requesting correction etc corresponds to the fact" means a certificate of graduation, such as name, address, gender, age, family composition copy etc, family register registration, educational qualifications, License, qualification certificate, etc. can be considered.

3 Paragraph 3 Relationship
This paragraph stipulates that when you intend to conduct correction of self-information, etc., you must prove that you are the principal or legal representative of personal information pertaining to such correction, etc. by means of documents.

[Operation]
(Counter etc.)
1 The following matters shall be processed in accordance with the information disclosure system and the disclosure request method.
(1) Contact point for accepting requests for disclosure such as correction
(2) Explanatory notes to correction applicants. However, the period until correction is decided is 30 days, and the period during which extension can be extended is 60 days together.
(3) In-house processing such as numbering of the reception number of the correction etc. invoice
(4) Requests other than the designated form and requests for Braille

(Receptionist clerk etc.)
2. The following matters shall be processed in accordance with the disclosure request method.
(1) Affairs for accepting claims such as corrections. However, when a person who does not have a right to request correction etc. can request confirmation that the information concerning the request should be corrected in the case where the request is made, it is not possible to accept the invoice, but correct it by the official authority .
(2) Claim by post

Decisions on requests for correction etc.

Article 23 When there is a request for correction etc. pursuant to the provision of the preceding Article, the executing agency shall make a decision on whether to make correction etc. within thirty days from the day on which the request was made.

(2) When there is a justifiable reason for not making a decision within the period prescribed in the preceding paragraph, the executing agency may extend the period prescribed in the same paragraph within 30 days. In this case, the executing agency shall notify the person who made a request for correction etc. (hereinafter referred to as "requestee for correction etc.") in writing by writing the period after extension and the reason for extension.

(3) When making the decision set forth in paragraph (1), the executing agency shall promptly notify the requestor for correction etc. in writing in writing of the decision.

(4) In the case referred to in the preceding paragraph, when the executing agency has made a decision not to make amendments, etc., the executing agency shall add the reasons to the document prescribed in the preceding paragraph and explain it to the requestor for correction together.

5 The provisions of Article 16, paragraph 5 and Article 17 shall apply mutatis mutandis to a decision on a request for correction, etc.

Commentary

1 First term relationship
(1) This paragraph decides whether the executing agency will make corrections, etc. within 30 days from the date of acceptance of correction / deletion request in response to a request for correction of personal information, And that the notice prescribed in the Ordinance for Enforcement of Ordinance shall be sent.
(2) The criteria for correction etc. shall be objectively judged by the materials submitted by the claimant. Therefore, when it is doubtful whether the content of the submitted document is genuine or not, it is necessary to investigate independently.

2 The second term relation
(1) "Can be extended only within 30 days" means that when the date and time are required for retrieval and judgment of information due to unavoidable reasons, such as the large number of personal information subject to correction etc. It is assumed that there is a reasonable reason.
(2) When extending the period of decision, notify the requester of correction etc. promptly by the notice prescribed in Article 12 of the Ordinance Enforcement Regulations, the period of extension and the reason etc.

3 Paragraph 3 Relationship
(1) "Contents of such decision" means correction, etc, in accordance with the contents requested by the requestor for correction etc., partial correction or the like, or the case where correction or the like is not performed, and partial In the case of correction etc., it shall also include its contents.
(2) In the case of making a correction, the correcting method shall be carried out by the executing agency in an appropriate manner according to the content of the personal information and the recording medium. Specifically, the following method is conceivable.
A method of erasing completely erroneous personal information and newly recording it
A method that draws two lines to personal information that was incorrect, and newly describes it by writing red or the like in the margin part
§ A statement that the personal information was incorrect and attached to the attached sheet with accurate content

4 Clause 4 Relationship
In the case where it is not possible to correct personal information pertaining to a request for correction etc, please specify the reason for refusal as specifically as possible
I have to. Also, except for unavoidable circumstances, you have to explain the content in detail by means of a talk answer.
5 Section 5 Relationship
If no correction or other decision is made within 30 days (the period if a period extension has been made), it is deemed that there was a decision not to make amendments, etc. and the requestor for correction etc. has appeals appealed It defines what can be done. Also, with respect to things against third parties, the provision of Article 17 of the Ordinance is to be applied mutatis mutandis.

[Operation]
(Administrative processing etc. in the original section)
The following matters shall be processed in accordance with the information disclosure system and the disclosure request method.
(1) Clerical work at the original department after acceptance of corrections
(2) Notice to Corrected Claimant

Notice of correction etc.

Article 24 The executing agency has requested corrections etc., to the institution having the authority for such correction etc. pursuant to the provision of paragraph 2 of the same Article, or when making corrections, etc. under the main clause of Article 21, paragraph 1 , In writing, notify the requestor for correction etc. in writing the content of the correction etc. or the contents of the request promptly.

Commentary

1 When making corrections, etc., it stipulates that the contents of correction etc. must be notified in writing

Request for correction

Article 25 If any person deems that the handling of personal information pertaining to himself owned by the executing agency in violation of the provisions of this Ordinance is inappropriate to any executing agency, the handling of said personal information You can offer to rectify.

2. The provisions of Article 11, paragraph 2 shall apply mutatis mutandis to requests for correction.

Commentary

1 First term relationship
(1) The request for correction can be made only on the handling of personal information concerning himself, and when the handling of third party's personal information is inappropriate or for improvement of administrative affairs without involvement with self , It will be a complaint request.
(2) "Inappropriate in violation of the regulations of the ordinance" means that the executing agency violates the provisions of this ordinance and infringes the rights and interests of individuals, specifically, As shown in FIG.
A. When handling personal information without notifying personal information handling affairs (related to Article 6)
(A) In the case of collecting personal information in violation of collection restrictions (related to Article 7)
(C) In the case of breaching the restrictions on use and provision and using or not providing personal information for other purpose
(Relating to Article 8 Paragraph 1)
In the case where the provider of personal private information handles personal information in violation of the measures requested by the town (related to Article 8, paragraph 3)
In the case of providing personal information to persons other than Honmachi in violation of the coupling restriction of the computer (Article 8, paragraph 4)
In case of handling personal information in violation of proper management of personal information (related to Article 9)
· In the event that we have not taken measures stipulated when delegating personal information handling affairs (related to Article 10)
(3) Even in cases where a request for correction etc. can be made, it is possible to make a request for correction.
(4) "Can be offered" means that the request for correction is institutionalized as investigation and processing by the executing agency under the authority of the duties, and it is not "request" which is a legal act As shown in FIG. Therefore, the notice of paragraph 4 to the request for correction is not the administrative punishment subject to the administrative appeal examination law and the administrative case lawsuit law.

[Operation]
(Counter etc.)
1 The following matters shall be processed in accordance with the information disclosure system and the disclosure request method.
(1) Reception desk for accepting application for correction
(2) Processing within the agency such as the numbering number of the receipt number of the remedial application form
(3) Requests other than the designated form and requests for braille

(Receptionist clerk etc.)
2. The following matters shall be processed in accordance with the disclosure request method.
(1) Affairs to accept correction requests. However, when a person other than the principal or his / her legal representative makes a request for correction, it can not accept the remedial application form and explain how to deal with the complaint.
(See Article 49)
(2) Claim by post

Procedure for request for correction

Article 26 Any person who intends to make an offer pursuant to the provision of paragraph 1 of the preceding Article (hereinafter referred to as "request for correction") shall submit to the implementing organization an application stating the following matters.
(1) Name and address
(2) The details and contents of personal information pertaining to the request for correction and the content of treatment requesting remedy
(3) In addition to what is listed in the preceding two items, matters specified by the executing agency

2 The provisions of Article 15, paragraph 2 shall apply mutatis mutandis to a person who intends to make a request for correction.

(3) When there is a request for correction, the implementing agency shall promptly process the request for remedy, and instruct the person who has made the request for correction to correctly perform the processing according to the purpose of the request for correction In the case of not carrying out the content, including its contents and reasons) in writing.

(4) In the case referred to in the preceding paragraph, if the executing agency considers it necessary in consideration of the contents of the request for correction, he / she may hear the opinion of the committee on the process for the request for rectification.

Commentary

1 First term relationship
(1) "Matters specified by the executing agency" means those specified by the executing agency under the Ordinance for Enforcement Ordinance, etc. Specifically, it means a contact, a necessary matter when an agent requests it.
(2) The request for correction shall be made by corrective application form prescribed in Article 13 of the Ordinance Enforcement Regulation that describes necessary items.

2 The second term relation
 
This section stipulates that when submitting a request for correction, it shall prove that the personal information or the statutory agent of personal information pertaining to the request for correction is documented using the document.

3 Paragraph 3 Relationship
(1) Since it is not possible to set a uniform processing deadline according to the content of the request for correction, it should be treated as soon as reasonably within the reasonable range according to the contents of the offer.
(2) "Processing for remedial actions" means to correct the handling of personal information, make basic surveys for correcting after conducting necessary surveys in accordance with the process of request for correction , Taking measures such as not to change the handling of the personal information because there is no reason for the request for correction.
(3) The content of such processing shall be notified by correction notice notice written under Article 14 of the Ordinance's Enforcement Regulations.

4 Clause 4 Relationship
(1) "Considering the contents of request for correction" means the time when it is deemed necessary for further ensuring objectivity and fairness of judgment.
(2) Since this notice is not an administrative punishment subject to the administrative appeal examination law or the administrative case lawsuit law, in order to make remedies for the applicant and make it an effective remedial application system It is an established system.

Commission etc.

Article 27 Commissions related to disclosure, correction, etc. of personal information and correction of its handling shall be free.

2. The expenses required for the creation and sending of a copy of the personal information when the disclosure requestor requests the delivery or sending of a copy of personal information shall be borne by the person who made the request.

3 The mayor may exempt the fee set forth in the preceding paragraph pursuant to the provisions of the Rules when he / she finds that there are economic difficulties or other special reasons.

Commentary

(1) The expenses for disclosure, correction, etc. of personal information, and correction shall be free from the purpose and purpose of this ordinance.

2 "Expenses required for preparing and sending copies" means expenses required for copying by dry copying, expenses related to paper, expenses related to media such as magnetic tape and postage fee, and communication expenses.

[Operation]
(Payment method etc.)
The following matters according to the method of the information disclosure system.
(1) Method of payment of expenses related to the delivery and sending of copies
(2) Expenses required for the delivery and creation of copies
(3) Affairs Clerk

Section 3 Appeal

Appeal

Article 28 According to the Administrative Appeal Act (Act No. 160 of 1960) on the decision of Article 16, Paragraph 1, Article 18, Paragraph 1 or Article 23, Paragraph 1 (hereinafter referred to as "Disclosure Decisions, etc.") Where an appeal has been made, the executing agency that should make a decision or decision on the appeal, without delay, except for cases falling under any of the following items, shall submit to the judging committee a ruling on the appeal Or make decisions on decisions.
(1) When the appeal is obviously illegal
(2) In a decision or decision, a disclosure decision etc. relating to an appeal (such as a decision to disclose all of the personal information pertaining to the disclosure request and a correction according to the contents of the request for personal information pertaining to a request for correction etc. Hereinafter the same shall apply in this item and Article 30) shall be revoked or changed to disclose all of the personal information pertaining to said appeal. Provided, however, that a third party is against the disclosure pursuant to the provision of Article 17, paragraph 1 or 2 (including cases where these provisions are applied mutatis mutandis in Article 23, paragraph 5) Except when expressing opinions.

Effect

This Article establishes the procedure in the case of an appeal based on the provisions of the Administrative Appeal Examination Law, concerning the decision of the executing agency.
The town mayor who received an appeal consults with a judging committee with experts who are not staff members as a committee because it can not judge properly when making an arbitrage or decision on himself, and makes an arbitrage or decision that respects the report . 【Explanation】
(1) "Appeals based on the administrative appeal examination law" means that a person who is dissatisfied with the administrative agency's disposition or other acts involving the exercise of public power shall appeal to the relevant administrative agency or higher administrative agency, Of illegal or unjust enforcement, and to rectify illegal or improper disposal etc.
(2) The type of appeal shall be an objection to the Mayor or an appeal against each executing agency.
(3) The following items can be appealed by the requestor etc.
(A) In the event that a request for disclosure, correction, etc. is rejected as inappropriate law
(A) When the request for disclosure, request for correction, etc. has not been accepted by the executing agency
(A) In the case where there is no response even if the disclosure / non-disclosure decision has passed 30 days (or 60 days if the content of correction etc. is decided)
In case of a decision to the effect that disclosure is not made (including the reason that there is no applicable information) or not to make correction etc.
(4) Those that may be appealed by a third party may be infringed directly on their own rights and interests by the decision made by the executing agency, corrections, etc.
(5) Those who are dissatisfied with the decision of the executing agency can file a lawsuit under the administrative case litigation law in addition to appeals, but which one is selected depends on the person concerned, You can file a lawsuit after appealing.
(6) Appeals can also be made by proxies. In this case, a document evidencing delegation shall be attached.
(7) "Appeal obviously illegal" means the following cases.
A. When a person making an appeal is not eligible to file a motion
(A) When it is the case that the complaint petition period (within 60 days counted from the day following the day when the disposition was found) has elapsed without justifiable waiver
(C) When the complaint petition document does not have the requirement, when ordering the amendment and not responding to the amendment order
(8) "Ruling" means that the town mayor dismisses, dismisses, and responds that there is a reason for the examination request pertaining to another executing agency.
(9) "Decision" means that the executing agency will reject, dismiss, reply to the objection as having reasons.

[Operation]
(Form of appeal etc)
The following matters according to the method of the information disclosure system.
(1) Appeal Style
(2) Clerical work at townspeople information corner
(3) Clerical work in the original department
(4) Advisory to the Personal Information Protection Committee
(5) Affairs concerning decision

Notice to the effect that consultation was done

Article 29 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) Disclosure Requester or Requestor for Correction etc (unless these are appellants or participants)
(3) Third party who expresses an opinion to oppose disclosure pursuant to the provisions of Article 17, paragraph 1 or 2 (unless the third party is appellant or participant)

Commentary

1 In order to clarify procedures such as consultation etc, we set out notices to related persons.

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

Article 30 The provisions of Article 17, Paragraph 3 shall apply mutatis mutandis to the case of making a ruling 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 disclosure of personal information pertaining to said decision is to be made by changing disclosure decision etc. concerning the appeal (opinion that a third party participant is against the disclosure of said personal information Only if it is stated.

Respect for advice on consultation

Article 31 When the executing agency who has consulted pursuant to the provisions of Article 28 has received a report on such consultation, it shall promptly make a decision or decision with respect to this.

Commentary

1 "Honoring this when receiving a report" is not legally binding to the judgment of the judging committee, but from the perspective of the establishment of the judging committee, we will respect the report of the committee to the utmost It must be done.

Chapter 3 Private Information Protection Committee

Installation

Article 32: Provide opinions to the executing agency pursuant to the provisions of these ordinances, conduct examinations on appeals made in response to consultations by the executing agency pursuant to the provisions of Article 28, and conduct investigations and deliberations regarding the protection of other personal information Therefore, we set up a Niseko Town personal information protection review board.

Commentary

1 The Board of Directors is to set up deliberations on deliberations and discussions on personal information protection systems and deliberate on matters subject to appeal, and it is an adjunct to the town mayor according to the provisions of Article 138-4, Paragraph 3 of the Local Autonomy Act is there.

2 From the necessity of unifying the judgment and the efficiency of the deliberation, it is stipulated that "ordinance by the executing agency" is not set for each executing agency, and executing agencies other than the town mayor We will be able to consult the meeting.

Organization

Article 33 The review board shall be organized by five members.
2. The committee members shall be appointed by the town mayor from among those who have insight on the protection of personal 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 should not disclose the secrets they learned about 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 First term relationship
Because the judging committee is a third-party organization to make fair decisions without being biased towards one opinion, because legal knowledge is also necessary, among the committee members can include lawyers and researchers with expertise desirable.

2 The second term relation
Those with insight are those having social sense and having the following requirements suitable for the duties of the Board.
(1) To be personally superior, to have rich common sense, to be able to judge fairly neutral.
(2) There is understanding about town administration and certain understanding about personal information protection system.

3 Section 4 Relationship
"Do not disclose the secret that we learned from the duties" means that, like the duty of confidentiality prescribed in Article 34 of the Local Public Service Act, we mean "real secrets" that can be objectively considered as infringement of certain interests by leakage It points.

Chairman and Vice President

Article 34. 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.

Conference

Article 35 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 Examiners shall publish the conference, except for items relating to paragraph 1 of the next Article and other items deemed unsuitable for the contents to be discussed by the public.

Commentary

(1) The Committee shall conduct personal information in accordance with the in-camera method, which is presented by notifying the non-disclosed personal information to the committee.

2 If privacy information is discussed, the deliberation shall be kept private.
(Terminology) In-camera method: A method of judging whether there are non-disclosure reasons by actually seeing the undisclosed part.

Permission to investigate the examination in appeals

Article 36 The Board of Councils may request the executing agency to present disclosure information, requests for correction, etc., or to provide personal information concerning requests for correction. In this case, when the content of the deliberation concerns an appeal relating to the request for disclosure, no one can request the examination committee to disclose the personal 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 Councilors may classify the contents of the information recorded in the personal information pertaining to the request for disclosure, request for correction etc. or the request for correction to the executing agency as a method designated by the committee You can ask the applicant to prepare and organize the material and submit it to the review board.

4 In addition to what is provided for in paragraph 1 and the preceding paragraph, when the Board of Appeals finds it necessary for deliberation on matters pertaining to consultation pursuant to the provisions of Article 28, officials of appeals, participants, executing agencies Listen to opinions or explanations from other parties concerned (hereinafter referred to as "appellants, etc.") or conduct necessary investigation.

Statement of opinion

Article 37 When a petition is filed by an appeal petition etc, the judging committee 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.

Submission of opinions etc.

Browsing of submitted materials

Article 39 The appellant or the like may ask the examination board 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 find that there is a risk of harming the interests of a third party (referred to as a third party 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 27, paragraphs 2 and 3 shall apply mutatis mutandis to the issuance of a copy under the provisions of paragraph 1.

Report on consultation

Article 40 The Commission shall endeavor to report to the executing agency within 60 days from the date of consultation under the provisions of Article 28 by written document.

(2) In addition to describing the matters listed in the following items, an opinion on measures relating to protection of personal information handling clerks and other personal information related to the appeal may be attached to the report in accordance with the provisions 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 report to the appeal applicant and the participant and publish the contents of the report.

Investigation by the Board to state opinions on consultation, etc.

Investigation by the Board to state opinions on consultation, etc.

Article 41 If the Board of Directors finds that it is necessary for protection of other personal information in order to state its opinion to the executing agency based on the provisions of this Ordinance, it requests the executing agency to submit materials, and the officials Listen to opinions or explanations from them, or make necessary investigations.

(2) If the Board of Appeal finds it necessary in order to properly operate the system concerning the protection of personal information, he / she may state his / her opinions to the executing agency concerning matters concerning the system.

Delegation to the President

Article 42 In addition to what is provided for in this Chapter, necessary matters concerning the operation of the Committee shall be determined by the President in consultation with the Board.

Chapter 4 Protection of Personal Information Handled by Business Operators

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 "townspeople, etc." in this Article and the following article) are required according to the information to be managed by the townspeople and other town municipalities We shall make efforts to disclose what we do to town residents.
(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 recognizing the importance of protecting personal information in the handling of personal information, businesses themselves set criteria concerning collecting, using, and storing personal information, so as not to infringe the rights and interests of individuals, Provide individuals the necessary measures to protect personal information, such as providing opportunities for individuals to know the existence and content of the blue news about themselves.
2 "Operator" means what is prescribed in Article 2, item 4.
3 "Cooperation in the measures of the town" means cooperating with the measures of the town concerning the proper operation of this ordinance, enlightenment activities and other personal information protection, and guidance and advice to the business operator by the Mayor Including cooperation.
[Operation]
1 Niseko Town operators in the has the responsibility as operators under the provisions of Hokkaido ordinance of privacy protection, the present regulations, will have duplicate generally similar responsibilities.

(2) The executing agency shall proactively engage in awareness raising activities for business operators, and provide guidance and advice to business operators so that business operators can fulfill their obligations.

Submit explanation or materials

Article 45 When the town mayor finds that there is a doubt that a business operator handles personal information improperly, the town mayor may submit explanations or materials to the business operator to the extent necessary for clarifying the fact Can be obtained.

Commentary

1 "There is a suspicion that an entrepreneur handling personal information improperly" means that a business person gathers personal information by means illegally or fraudulently, fails to properly manage, or does not pursue purpose without just cause Means the case where the rights and interests of individuals may be infringed by being provided for use or outside.

2 "Limits necessary to clarify facts" means that when it is suspected that a business operator handles personal information inappropriately, it is understood to the extent that the content of the handling of the personal information can be generally understood The range required to do.

3 "Requesting the submission of explanations or materials" means that businesses can be requested to submit explanations or materials without limiting to not only request for cooperation but by a time limit.

[Operation]
1 Explanation or submission of materials to business operators shall be carried out as follows.
(1) If there is a doubt that a business operator handles personal information improperly, the staff of the Personal Information Protection Division carries out a thorough preliminary investigation on the handling situation of personal information of the business operator.
(2) As a result of the preliminary survey in (1), the handling of personal information of the business operator may infringe on the rights and interests of individuals, and even if such actions are considered socially acceptable even considering the freedom of business activities If it decides that it is not to be done, it will request a description or materials for the business operator.

(2) Requests to business operators shall be made in writing stating the following matters.
(1) Content requesting the submission of explanations or materials
(2) Deadline for submission of explanation or materials
(3) Description or material content
(4) If there is no explanation or material submission by the deadline, treat it as refusing the request.
(5) When refusing a request without justifiable reasons, there may be cases in which such fact, the course of facts and the name or name of the business operator may be announced.
(6) Other necessary matters
In the event that it is found that the business operator improperly deals with personal information as a result of preliminary survey or explanation and materials submitted by the Mayor, the Personal Information Protection Division recommends that the handling be corrected . (See Article 28)
If the business operator refuses to submit explanations or materials without justifiable reasons or fails to comply with the recommendation of the town, it will publish the facts. (See Article 29)

Recommendation

Article 46 When the town mayor finds that the business operator handles personal information inappropriately, the town mayor may recommend to the business operator to correct its handling.

2 The mayor shall hear the opinions of the committee beforehand when making a recommendation pursuant to the provisions of the preceding paragraph.

Commentary

1 "When we deem that it is improperly handled" means to the business operator, after submitting an explanation or material in accordance with the provisions of the preceding article, collecting personal information by means of illegal or illegal means, Such as unauthorized use or external provision without proper management or reasonable reasons, is considered unacceptable even if taking into consideration the freedom of the business activities of the business operator.

2 The handling of personal information carried out by business operators is diverse and it is expected that the consciousness of townspeople and others to the protection of personal information will also change and which case falls under the recommendation for correcting this section In order to judge objectively and fairly, we decided to listen to the opinions of the Board.

[Operation]
(Certification)
1 The accreditation when there is a suspicion that a business operator handles personal information improperly is to be carried out in the General Affairs Division as follows.
(1) The staff of the Personal Information Protection Division shall thoroughly investigate the handling situation of the personal information of the business operator and, if necessary, ask the business operator to explain or submit materials. (See Article 27)
(2) Provide guidance and advice so that the business operator will take necessary measures to protect personal information. (See Article 26)
(3) In the case where the said business operator does not follow the advice and guidance etc. of the town mayor, such as correcting the town mayor, said act inflicts the rights and interests of individuals, and considering freedom of business activities, it is still not acceptable socially Will continue to handle inappropriate handling.
(Listen to opinions to the review board)

2 Prior to the recommendation, the Personal Information Protection Division shall consult with the Board on the necessity of recommendation and make recommendations according to the recommendation in order to ensure objectivity and fairness.
(Method of Recommendation)

3 Recommendations to business operators shall be made in writing stating the following matters.
(1) Aspect of action to be subject to recommendation
(2) Reason for recommendation
(3) Measures to be taken by business operators
(4) The fact that the contents of the measures taken by the business operator should be answered in writing and the deadline of reply
(5) If there is no answer by the deadline, treat it as not complying with the recommendation.
(6) If you do not comply with the recommendation, you may disclose that fact, the content of the recommendation and the name or name of the business operator.
(7) Other necessary matters

Announcement

Article 47 Mayor may publish such fact when the business operator fails to comply with the requirements under Article 45 without justifiable reasons or does not comply with the recommendation under the provisions of the preceding Article.

2 When making a public announcement pursuant to the provisions of the preceding paragraph, the mayor of the mayor in advance gives the business operator the opportunity to notify the contents in writing and give an opinion, and after giving the opportunity to state the opinion, I shall hear the opinion of the Board regarding such public announcement.

Commentary

1 First term relationship
(1) "When not responding without justifiable reasons" refused to submit explanations or materials except when there is a reasonable reason for refusing answers (such as cases falling under a trade secret) In addition to the case, if you do not answer the request, it is also possible to delay the response to the request.
(2) "When not following the recommendation" means the following.
If you do not answer without a valid reason within the time period stated in the recommendation
(A) Willingness to obey the recommendation, such as continuing iteratively without obligation to rectify the act that received recommendation, is obvious
場合 If you do not take the necessary remedial measures within the period even if you answered
(3) "Before listening to the opinion of the Committee" in the preceding Article means that in making the facts public, objective judgment is required about the validity of the facts, so the necessity of publication In advance, and publish it in accordance with the report.
(4) "Publication" means not only posting on the bulletin board of the town, but also posting on publicity newspaper or means similar to that, by providing information to townspeople, attention to the townspeople, attention of the investigation And to ensure the effectiveness of the recommendation is expected.

2 The second term relation
"Give an opportunity to state your opinion" means giving practical disadvantages, such as losing social trust through public announcement, giving business operators the opportunity to express opinions in order to guarantee proper procedures .

[Operation]
(1) The public announcement shall be made on the following matters pursuant to Article 17 of the Ordinance for Enforcement of Ordinance.
(1) Name or name of business operator
(2) Address or address of the business operator
(3) Contents of acts in violation of the provisions of ordinance

2 As for opportunities to express opinions, we will do as follows.
(1) The Personal Information Protection Division shall, in accordance with the provisions of Article 18 of the Ordinance Enforcement Regulations, send a document stating the following matters to the business operator two weeks before the date of giving an opinion.
A name or address of the business operator or the address of the principal office or the name of the representative for a corporation or other organization
(A) The contents of the facts to be announced and their grievance
(C) Date and place to attend
Ability to explain by oral or written
Proof that you can submit evidence document or evidence
Measures to be taken when there is no explanation
(2) When the business operator offers change of the date and time to attend due to unavoidable reasons, the deadline can be changed.
(3) The president when speaking an opinion shall be the head of the Personal Information Protection Section.
(4) To describe the opinion, prepare a document stating its gist and save for a certain period.

Cooperation with the country or other local government

Article 48 The town mayor may request cooperation from the country or other local public entity, if it finds it necessary for protecting the rights and interests of individuals concerning the handling of personal information carried out by business operators, Or to respond to requests for cooperation from other local public bodies.

Effect

In this section, it is normal for the scope of activities of private enterprises to exceed the area of ​​the town, and since measures of Honmachi alone alone have limitations, in view of the handling of personal information of business entities, individual rights interests , It is stipulated that mutual cooperation with the country or other local public bodies should be cooperated.

【Explanation】
1 "When it is deemed necessary" means that when Honmachi needs to seek cooperation from the country or other local public entity for the purpose of seeking the rights and interests of individuals concerning the handling of personal information carried out by the business operator, It is necessary to respond to the request of cooperation from the country etc.

2 "Requesting cooperation" means to administrative guidance by related ministries and agencies for business operators for the country, and for businesses with local offices within the area of ​​the local public entity for other local governments Investigation, asking for a request for information provision, or the like.

Chapter 5 Supplementary Provisions

Handling complaints

Article 49 The executing agency shall endeavor to properly and promptly process this complaint when there is a request for complaints concerning the handling of personal information that the executing agency conducts.
2 When there is a request for complaints concerning the handling of personal information carried out by a business operator, the town mayor advice or instructs the business operator to properly and promptly deal with this.
(3) The mayor may request the business operator and other related persons to submit explanations or materials when he / she finds it necessary for the processing under the provision of the preceding paragraph.

Commentary

1 First term relationship
(1) This section stipulates that complaints can be offered throughout the handling of personal information conducted by the executing agency.
(2) The method of complaint may be written or verbal, and its form is irrelevant. Also, there are no restrictions on the complainants.
(3) "We must endeavor to process" shall endeavor to solve problems in accordance with the content of the difficulty, such as by conducting research and examination as necessary, explaining to the applicant.

2 The second term relation
(1) This section stipulates that the townspeople strive to deal appropriately and promptly when the townspeople feel uneasy about the handling of personal information of business operators, or when feeling that rights interests have been infringed, etc. is there.
(2) The method of the complaint may be written or verbal, and its form is irrelevant. In addition, although there is no limitation on the complainant, there are no limitations in cases where sufficient information can not be obtained due to anonymous complaints, not cooperating with surveys conducted by the town.

3 Paragraph 3 Relationship
"Business operator and other stakeholders" refers not only to businesses subject to complaints, but also businesses, individuals, etc. who are related to others.

[Operation]
(1) The window of application for complaints to each executing agency shall be the personal information protection department, but each process must be proceeded by the original department by consultation with the personal information protection department.

(2) The counter for filing complaints against business operators shall be the Personal Information Protection Section and shall be processed in cooperation with relevant departments according to the contents.

3 At the counter, we request cooperation to make a written request, but in case it becomes unavoidable and it is requested verbally, we will check the contents by repeating after listening to the contents.

Adjustment of Mayor

Article 50 mayor may ask the executing agency other than the town mayor to report or advise on the handling of personal information.

Effect

In this section, if the executing agency independently manages the system according to the ordinance, it lacks uniformity as the whole town, and there is a possibility of disturbing the townspeople in terms of management, so mayor of town may It defines what to draw.

【Explanation】
1 "Requesting reports or advising on the handling of personal information" means that procedures in the personal information protection system are generally completed within the executing agency, but in principle, , It means to make adjustments to achieve uniform management as a town.

2 The report to the town mayor or advice from the town mayor is handled by the personal information protection department.

Responsibility of the Investment Corporation etc.

Article 51 A corporation or organization funded by a town and having a capital contribution from the town of which the amount exceeds one-half of the capital, basic property or similar items of said invested corporation etc. ) Shall pay attention to measures concerning protection of personal information carried out by the executing agency based on the provisions of this Ordinance and take necessary measures to protect personal information.

Effect

In this section, corporations and other organizations funded by the town are not binding by direct ordinances, but corporations and organizations with high ownership ownership interests, with regard to the protection of personal information, based on the purpose of this system, according to the executing agency It defines what to handle.

【Explanation】
About corporations where 1 town invested more than one half, the mayor must announce names by notice. Specifically, it is the Niseko Town Land Development Corporation and the Hokkaido Workers' Welfare Association. (As of September 1, 2000)

2 "Measures necessary for the protection of personal information" means referring to personal information protection measures taken by the executing agency based on the personal information protection system, establishing internal regulations for the protection of personal information, Such as protection measures that seems to be necessary judging from the business contents of the invested corporation, such as training.

[Operation]
1 Disclosure to a corporation etc. specified by an executing agency, a request for correction etc. and a request for correction etc. are not accepted at the townspeople information corner and accepted at the corporation etc.

2 The Personal Information Protection Division gives necessary advice on the processing of such requests and the handling of personal information.

3 The Personal Information Protection Division will collect information on its type, number of cases, etc. concerning the disclosure, correction, etc. of personal information, requests for correction etc. made by the corporation etc. specified by the executing agency.

Special exception on designated administrator

Article 51-2 (2) Designated managers (designated administrators prescribed in Article 244-2, Paragraph 3 of the Local Autonomy Act (Act No. 67 of 1947), the same shall apply hereinafter) applies to Article 244, 1 In managing a public facility prescribed in paragraph (hereinafter referred to as "public facility"), personal information (personal information (when the designated manager administers the public facility The same shall apply hereinafter in this Article), the provisions of Chapter 2, Section 1 shall apply mutatis mutandis. In this case, "in advance" in Article 6, paragraph 1 shall be deemed to be replaced with "beforehand through the executing agency that designates the designated manager (hereinafter referred to as the" designated implementing agency "), Article 6, paragraph 2 And "in advance" in Article 7, paragraph 3 and Article 8, paragraph 2 shall be deemed to be replaced with "beforehand through the designated implementing agency" and in Article 7, paragraph 2, items 7 and 5, and Article 8 In paragraph 1 of item 6, the term "when the executing agency approves" means "when the designated executing agency approves," in paragraph 4 of Article 8, the term "other than the executing agency" shall be the "executing agency and designated manager "Shall be deemed to be replaced with" other than ".

(2) In the case prescribed in the preceding paragraph, the designated implementing agency has already issued the opinion of the council, pursuant to the provisions of Article 7, paragraph 3 or 6 or Article 8, paragraph 2, regarding the personal information handling affairs performed by the designated administrator , He shall be deemed to have heard the opinion of the council pursuant to these provisions applied mutatis mutandis pursuant to the provisions of the preceding paragraph.

3 With respect to the application of the provisions of Section 2 of Chapter 1 in the case prescribed in paragraph 1, in Article 11, paragraph 1, Article 20 paragraph 1 and Article 25 paragraph 1 " The term "executing agency" in Article 15 and "designated executing agency" in paragraph 1 of Article 16 and the term "designated executing agency" in paragraph 1 of Article 16 "Within the term" receiving personal information pertaining to the disclosure request from the Designated Administrator within "within" Article 22, Paragraph 1 and Paragraph 2, and "Executing Agency" in Article 26 The term "Designated Executing Agency" and the term "having made corrections" in Article 24 shall be deemed to have "designated administrator to make corrections, etc."

Commentary

It also stipulates that this regulation shall apply mutatis mutandis to designated managers (corporations and other organizations that manage and operate public facilities).

Adjustment with other systems

Article 52 The provisions of this Ordinance shall not apply to the following personal information.
(1) Personal information collected to prepare designation statistics prescribed in Article 2 of the statistical law (Law No. 18 of 1952)
(2) Personal Information Collected by Statistical Surveys Reported to Minister of Public Management, Home Affairs, Posts and Telecommunications under Article 8, Paragraph 1 of the Statistics Act
(3) A statistical report approved by the Minister of Public Management, Home Affairs, Posts and Telecommunications under the provisions of the Statistical Report Adjustment Act (Act No. 148 of 1954) (Create statistics exclusively stated in the application form prescribed in Article 4, Paragraph 2 of the same law Personal information obtained by gathering of the part related to matters used to make personal information
(4) In a facility intended to provide books, documents, publications (hereinafter referred to as "books, etc.") for inspection or lending, they are recorded in books and the like managed for that purpose personal information
2) If there are provisions for the disclosure or correction of personal information and other procedures regarding the handling of personal information under the provisions of laws and regulations (excluding the Niseko Town Information Disclosure Ordinance (1998 Ordinance No. 17)) As determined.

Commentary

1 First term relationship
(1) For items 1, 2 and 3, protection measures for personal information are stipulated in the statistics law and statistical report adjustment law, so for personal information pertaining to statistical surveys etc., this ordinance Is not to be applied.
(2) The fourth issue concerns personal information recorded in books managed by townspeople such as townspeople center libraries, for the purpose of browsing, renting out of townspeople, etc., the books themselves can view and use Since it is the objective, it stipulates not to apply this ordinance.

2 The second term relation
This paragraph shall apply in preference to the provisions of such laws and ordinances if procedures such as viewing or browsing documents or the like in which personal information is recorded are set forth by laws and ordinances, etc., such as delivery or correction, It is stipulated that this ordinance will not apply.
[Operation]
Specifically, the following examples are available in cases where it is possible to inspect documents or the like in which personal information is recorded in laws and ordinances, etc.

Examples of browsing or visiting
Article 11 of the Basic Resident Register LawBrowsing of basic resident register
Article 23 of the Public Offices Election ActBrowse of electoral register
Regional Tax Code Article 415Review of property tax levy
Article 84 of the Land Readjustment ActBrowsing the book of books relating to land patches
Article 88 of the Land Readjustment ActReview of the conversion plan of the land area planning project
Delivery example
Article 12 of the Basic Resident Register LawDelivery of copy of basic resident register
Article 10 of the Family Register LawDelivery of abandoned family register and issuance of extract
Example of correction or deletion
Article 14, paragraph 2 of the Basic Resident Register Law ActProposal for incorrect entry or omission of juminhyo (certificate of residence)
Article 113 of the Family Registration ActCorrection of incorrect description etc. of family register
Article 29, Paragraph 3 of the Public Offices Election ActRequest for revision of voter list

Publication of operational situation

Article 53 The town mayor reports to the Congress about the operation situation of this ordinance within three months after the end of each fiscal year and announces it.

Effect

In order to make it a material to judge whether the personal information protection system is properly operated or not, the town mayor may change the operation status of the personal information protection system such as disclosure of self-information, request for correction etc. at each executing agency to 1 It aggregates once a year and reports it to Congress, as well as setting for providing to town people.

[Operation]
1 "Operational situation" refers to the following items.
(1) Number of personal information handling affairs
(2) Number of requests for disclosure, amendment etc. and requests for correction
(3) Disclosure, Request for Correction, etc. and Processing Status of Request for Correction
(4) Content and Number of Appeals
(5) Processing status of appeals
(6) Number of complaints handled by executing agencies and business operators
(7) Status of external delegation of office, non-purpose use and external provision
(8) Other necessary matters

2 "Report to Congress" in principle shall be done at the town council June regular meeting.
3 "Publication" means town residents by "Public information Niseko" issued on July 1 or means equivalent thereto.

Delegation to executing agency

Article 54 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. Regulations and regulations of each executing agency shall be conducted by the example of protection of personal information in town mayors, except for special ones, 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.

(Transitional Measures)
2 The collection, use or provision of personal information conducted by the executing agency prior to the enforcement of this Ordinance shall be deemed to have been carried out pursuant to the provisions of this Ordinance, after the day of enforcement of this Ordinance.

3 With respect to the application of the provisions of Article 6, paragraph 1 concerning personal information handling affairs pertaining to personal information currently held by the executing agency at the time of enforcement of this Ordinance, in the same paragraph, the term "preliminary to start" "When you are currently doing, promptly after the enforcement of this ordinance" shall be made.
(Abolition of the ordinance on protection of personal information pertaining to Niseko Town computer processing)

4 The Niseko Town Ordinance on the Protection of Personal Information pertaining to Computer Processing (Niseko Town Ordinance No. 17) will be abolished.
Supplementary Provisions (Regulation No. 10 on March 21, 2000)
This ordinance shall come into force as from April 1, 2000.
Supplementary Provisions (Regulation No. 36 of June 21, 2000)
This ordinance shall come into force as from July 1, 2000.
Supplementary Provisions (Regulation No. 44 of December 27, 2000)
This ordinance shall come into force as from January 6, 2001.
Supplementary Provisions (Regulation No. 13, March 15, 2004)

(Effective date)
1 This ordinance shall come into effect as from the date of promulgation.

Inquiries regarding information on this page

Niseko Town Hall
TEL:0136-44-2121
FAX:0136-44-3500