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🌐 | Sued the operator of "Bankruptcy Map" "Disseminating official bulletin information online is a problem"


Photo interview Victim defense lawyer (September 2021, 9, Tokyo, lawyer dot com news shooting)

Sued the operator of "Bankruptcy Map" "Disseminating official bulletin information online is a problem"

 
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In the information disclosure on the bankruptcy map, it was posted without distinguishing between businesses and non-businesses.
 

Information on the Internet site "Bankruptcy Map", which visualized bankruptcy information on Google Maps, is made public ... → Continue reading

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Information disclosure

Information disclosureWhat is (johokoukai)?CountrySuch aspublic agencyHowever, it is to disclose business records.

Information Disclosure Philosophy

Uncertain political and administrative decision-making processes can lead to inefficient and unfair cases, so the public and the media can monitor who made the decision and on what basis. The purpose is to increase transparency in this way[1].

NationalRight to knowOn the other hand, publishing documents can also lead to invasion of privacy.Handle official documentsArchivistIs obliged to examine whether the content of the information is suitable for disclosure before disclosing the information.Also, the content of the document isState secretWe have to be careful about things related to national security.

Information disclosure system of each country

スウェーデン

The forerunner of the information disclosure systemスウェーデンIt is said that.In Sweden, the information disclosure system develops faster than the establishment of democracy,1776 The Free Publishing Law of Japan stipulates a system for publishing official documents at the request of the public, along with prohibition of censorship.[1].

Japan

Information Disclosure Law in Japan (Law concerning disclosure of information held by administrative agencies) Was enacted2001 That is.

Since there was no idea of ​​information disclosure in the first place, official documents prepared by each government agency of the Japanese government are kept.National ArchivesWas made1971 Is.Japan's first archives1959 OfYamaguchi Prefectural ArchivesHowever, it was established not for information disclosure but for the purpose of preserving historical materials.In general, archivesAncient documentIt has the role of a "document museum" that stores materials with pure historical value, and the role of a "document safe" that stores important official documents such as prefectural government.

1988 (Showa63 years)Archives ActIs enforced,Japanese Government,Local governmentOn the other hand, it was clarified that there is an obligation to preserve official documents and open them to the public.HoweverQuarter centuryMore than that2016 (Heisei28 years) Even nowPrefecturesOnly about half ofArchivesHas not been established.Frequently in recent yearsGreat Heisei mergerBecause of this, there is no consensus on the transfer of official documents and the management budget, and the official archives room that existed before the merger may be in danger of survival.

裁判 所as well as the 国会There is no law on requesting disclosure of information held by.However, regarding the court, the trialJudgmentHas been published (Article 82 of the Constitution of JapanItem 1,Court Law Article 70reference).About civil procedure recordsCivil Procedure Code第91条第1項で何人も民事訴訟記録の閲覧を請求することが可能であり、同法第92条第1項により閲覧制限の決定がなされない限りは閲覧することができ、民事裁判の記録保存については事件記録等保存規程(昭和39年12月12日最高裁判所規程第8号)で規定されている。刑事訴訟記録については刑事訴訟法第53条第1項で「何人も、被告事件の終結後、訴訟記録を閲覧することができる。但し、訴訟記録の保存又は裁判所若しくは検察庁の事務に支障のあるときは、この限りでない」と規定され、Definitive judgmentBecameCriminal trialAbout record keeping ofCriminal Final Litigation Record ActStipulated in.

For judicial administrative documents, see "Guidelines for handling affairs related to disclosure of judicial administrative documents held by the Supreme Court], Disclosure can be requested.Also, regarding the DietMain Convention・ It is stipulated that the committee should be made public and the minutes should be made public (Article 57 of the Constitution,Diet Law Article 62-63 articlereference).

Of the Diet,House of Representativesas well as the House of CouncilorsAbout the secretariat ofAdministrative rules regarding disclosure of administrative documents of the House of Representatives held by the Secretariat of the House of Representatives""Business handling rules regarding disclosure of secretariat documents held by the House of Councilors secretariatIs stipulated,Supreme CourtAs with the operation of the information disclosure system in Japan, the legal nature of the disclosure decision is unclear, and the materials due to the disclosure decisionCopyAtCopyright infringementThere is a problem such as there is a risk of.

It is an organization similar to an administrative agencyIndependent administrative agencyFor information disclosure such asIndependent Administrative Institution Information Disclosure LawThere is.

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  1. ^ a b Nozomi Takaoka "Should Japan Become Sweden?" PHP Shinsho, p. 45

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