Article 12
Transfer of a Case
1. When there is a justifiable reason for the head of another administrative organ to make the
disclosure decisions, etc., such as when administrative documents concerned with a disclosure
request were prepared by another administrative organ, the head of an administrative organ may
upon consulting with the head of the other administrative organ transfer the case to the head of
the other administrative organ. In this case, the head of the administrative organ who transfers
the case shall notify in writing the requester to the effect that the case was transferred.
2.
When a case has been transferred as provided for in the preceding paragraph the head of
the administrative organ who has received the transfer shall make the disclosure decisions, etc.
for the disclosure request. In this case, the acts prior to transfer by the head of the administrative
organ who has transferred the case are considered to be those of the head of the administrative
organ who has received the transfer.
3.
In the case of the preceding paragraph, when the head of the administrative organ who has
received the transfer makes an Article 9, paragraph 1, decision (Hereinafter referred to as a
"decision to disclose."), that administrative organ head shall implement disclosure. In this case,
the head of the administrative organ who has transferred the case shall cooperate as necessary in
the implementation of disclosure.
Article 13
Granting Third Persons an Opportunity to Submit a Written Opinion, Etc.
1. When information regarding a person other than the State, a local public entity, or the
requester (Hereinafter in this Article, Article 19, and Article 20 referred to as a "third person.") is
recorded in the administrative documents concerned with a disclosure request, the head of the
administrative organ, when undertaking disclosure decisions, etc., may communicate to the third
person concerned with the information a representation of the administrative documents
concerned with the disclosure request and other items determined by Cabinet Order, and may
provide the opportunity to submit a written opinion.
2. In the event that either of the following subparagraphs apply, before making a decision to
disclose, the head of the administrative organ shall communicate in writing to the third person
concerned with the information a representation of the documents concerned with the disclosure
request and other items determined by Cabinet Order, and shall provide the opportunity to
submit a written opinion. However, this shall not apply in the case that the third person's
whereabouts are unknown.
(1) Where, in the case that the intention is to disclose administrative documents in which
information relating to a third person is recorded, it is deemed that said information will fall
within the information provided for in Article 5, subparagraph (1)(b), or within the proviso
contained in subparagraph (2) of the same Article.
(2) When administrative documents within which information concerning a third person is
recorded are to be disclosed under Article 7.
3.
In the case that the third party who was provided an opportunity to submit a written opinion
as provided for by the preceding two paragraphs submits a written opinion indicating opposition
to disclosure of the administrative documents concerned, the head of the administrative organ,
when making a decision to disclose, shall place at least two weeks between the day of the
decision to disclose and the day that disclosure will be implemented. In this case, upon making
the decision to disclose the head of the administrative organ shall immediately notify in writing
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