2008.03.06

2007(O)403

Minshu Vol. 62, No. 3

Judgment concerning the relationship between the act of an administrative organ to collect, manage or use identification information of inhabitants by way of the Basic Resident Register Network, and Article 13 of the Constitution

Case to seek damages

Judgment of the First Petty Bench, quashed and decided by the Supreme Court

Osaka High Court, Judgment of November 30, 2006

The act of an administrative organ to collect, manage or use identification information of inhabitants, even in the absence of the consent of the individuals to such act, does not infringe their liberty of protecting their own personal information from being disclosed to a third party or made public without good reason, which is guaranteed under Article 13 of the Constitution.

Article 13 of the Constitution, Article 6, paragraph (1), Article 7, item (i) to item (iii), item (vii), and item (xiii), Article 30-2, paragraph (1) and paragraph (2), Article 30-5, paragraph (1), Article 30-6 to Article 30-8, Article 30-10, Article 30-11, and Article 30-44 of the Basic Resident Register Act, Article 30-5 of the Order for Enforcement of the Basic Resident Register Act, Article 1 and Article 14, paragraph (1) of the Ordinance for Enforcement of the Basic Resident Register Act Article 13 of the Constitution All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs. Article 6, paragraph (1) of the Basic Resident Register Act (Preparation of Basic Resident Register) The mayor of a municipality shall prepare a basic resident register by compiling residence certificates, which are given to individuals, by household. Article 7, item (i) to item (iii), item (vii), and item (xiii) of the Basic Resident Register Act (Matters to Be Entered in Residence Certificate) In each residence certificate, the following matters shall be entered (or recorded, in the case of residence certificates handled by magnetic disks pursuant to the provision of paragraph (3) of the preceding Article; the same shall apply hereinafter): (i) Name (ii) Date of birth (iii) Sex (vii) Address, and in the case of a person who has changed his/her address within the area of the same municipality, the date of change of address (xiii) Residence certificate code (which means a number, mark or any other code specified by Ordinance of the Ministry of Internal Affairs and Communications; the same shall apply hereinafter) Article 30-2, paragraph (1) and paragraph (2) of the Basic Resident Register Act (Entry in Residence Certificate Code, etc.) (1) Except in the cases prescribed in the following paragraph, the mayor of a municipality, when making an entry in a residence certificate, shall enter the residence certificate code that the mayor of the relevant municipality, who has made the most recent entry in the residence certificate for the person pertaining to the entry in question, has entered in said residence certificate most recently. (2) In cases where the mayor of a municipality makes an entry in a residence certificate for a person who is to be newly recorded in the basic resident register of the municipality, if the person has never been recorded in the basic resident register of any municipality, the mayor shall choose one from among residence certificate codes designated by the prefectural governor pursuant to the provision of Article 30-7, paragraph (1) and enter it in the person's residence certificate. In this case, the mayor shall choose a residence certificate code that is different from any of the residence certificate codes entered in the residence certificates of persons other than the person pertaining to the entry in question. Article 30-5, paragraph (1) of the Basic Resident Register Act (Notice to Prefectural Governor) The mayor of a municipality, where he/she has made an entry in a residence certificate, deleted a residence certificate or corrected the entry in a residence certificate with regard to all or part of the matters listed in Article 7, item (i) to item (iii), item (vii), and item (xiii) (in the case of the matter set forth in item (vii) of said Article, the address; the same shall apply hereinafter in this paragraph), shall notify the prefectural governor of the identification information (which means the matters listed in item (i) to item (iii), item (vii), and item (xiii) of said Article, as entered in the residence certificate (or in the case of deletion of a residence certificate, those matters that have been entered in the residence certificate) as well as the matters concerning an entry in a residence certificate which are specified by Cabinet Order; the same shall apply hereinafter), which pertains to said entry in the residence certificate, etc. Article 30-6 of the Basic Resident Register Act (Provision of Identification Information to Other Municipalities) The mayor of a municipality, when a request is made by the mayor or any other executive organ specified by municipal ordinance of another municipality in relation to the handling of the affairs specified by municipal ordinance, shall provide identification information as provided for by municipal ordinance. Article 30-7 of the Basic Resident Register Act (Affairs of Prefectural Governor) (1) A prefectural governor, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, shall designate, for the mayor of each municipality within the area of the prefecture, residence certificate codes that the mayor may enter in residence certificates, and notify the mayor of such codes. (2) When designating residence certificate codes under the provision of the preceding paragraph, a prefectural governor, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, shall consult with other prefectural governors in advance and make adjustments so as to avoid overlap between the residence certificate codes that the prefectural governor is to designate for the mayor of municipalities and the residence certificate codes that said prefectural governor or other prefectural governors have designated before the designation or those that other prefectural governors will designate. (3) A prefectural governor, only when a request is made by a State organ or judicial person listed in the upper column of Appended Table 1 in relation to the handling of the affairs listed in the lower column of said table for the purpose of confirming an inhabitant's residence, shall provide identification information during the period of retention (which means identification information for which a notice has been given under the provision of Article 30-5, paragraph (1) and for which the period of retention under the provision of paragraph (3) of said Article has not yet expired; the same shall apply hereinafter), as provided for by Cabinet Order. (4) In any of the cases set forth in the following items, a prefectural governor shall provide identification information during the period of retention to the mayor or any other executive organ of a municipality within the area of the prefecture (hereinafter referred to as an "executive organ of a municipality within the area" in this paragraph and Article 30-10, paragraph (1), item (iv)), as provided for by Cabinet Order in the cases referred to in item (i) or item (iii) or as provided for by prefectural ordinance in the case referred to in item (ii): (i) When a request is made by an executive organ of a municipality within the area listed in the upper column of Appended Table 2 in relation to the handling of the affairs listed in the lower column of said table (ii) When a request is made by an executive organ of a municipality within the area specified by prefectural ordinance in relation to the handling of the affairs specified by prefectural ordinance (iii) When a request is made by the mayor of a municipality within the area of the prefecture in relation to the handling of the affairs concerning the basic resident register (5) In any of the cases set forth in the following items, a prefectural governor shall provide identification information during the period of retention to the prefectural governor or any other executive organ of another prefecture (hereinafter referred to as an "executive organ of another prefecture" in this paragraph and Article 30-10, paragraph (1), item (v)), as provided for by Cabinet Order in the cases referred to in item (i) or item (iii) or as provided for by prefectural ordinance in the case referred to in item (ii): (i) When a request is made by an executive organ of another prefecture listed in the upper column of Appended Table 3 in relation to the handling of the affairs listed in the lower column of said table (ii) When a request is made by an executive organ of another prefecture specified by prefectural ordinance in relation to the handling of the affairs specified by prefectural ordinance (iii) When a request is made by the prefectural governor of another prefecture in relation to the handling of the affairs prescribed in paragraph (10) (6) In any of the cases set forth in the following items, a prefectural governor shall provide identification information during the period of retention to the mayor or any other executive organ of a municipality within the area of another prefecture (hereinafter referred to as an "executive organ of a municipality within the area of another prefecture" in this paragraph and Article 30-10, paragraph (1), item (vi)), as provided for by Cabinet Order in the cases referred to in item (i) or item (iii) or as provided for by prefectural ordinance in the case referred to in item (ii): (i) When a request is made by an executive organ of a municipality within the area of another prefecture listed in the upper column of Appended Table 4, via the prefectural governor of such other prefecture, in relation to the handling of the affairs listed in the lower column of said table (ii) When a request is made by an executive organ of a municipality within the area of another prefecture specified by prefectural ordinance, via the prefectural governor of such other prefecture, in relation to the handling of the affairs specified by prefectural ordinance (iii) When a request is made by a mayor of a municipality within the area of another prefecture, via the prefectural governor of such other prefecture, in relation to the handling of the affairs concerning the basic resident register (7) The provision of identification information under the provision of paragraph (5) to the prefectural governor of another prefecture prescribed in item (iii) of said paragraph shall be conducted, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, by transmitting the information, via telecommunication lines, from a computer used by the prefectural governor who provides the information to a computer used by the prefectural governor of such other prefecture who receives the information; provided, however, that this shall not apply when a special request is made. (8) A prefectural governor (excluding an entrusting prefectural governor prescribed in Article 30-10, paragraph (3)), at least once every year, shall prepare and publicize a report, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, with regard to the status of the provision of identification information under the provision of paragraph (3). (9) A prefectural governor shall conduct necessary liaison and coordination between municipalities within the area of the prefecture in relation to the handling of the transmission of identification information via telecommunication lines under the provision of Article 30-5, paragraph (2) and other affairs of municipalities prescribed in this Chapter. (10) A prefectural governor, in order to ensure that accurate records on inhabitants are made in the basic resident registers of the municipalities within the area of the prefecture, shall provide necessary cooperation for the mayors of the municipalities. Article 30-8 of the Basic Resident Register Act (Use of Identification Information, etc. by Prefecture) (1) In any of the cases set forth in the following items, a prefectural governor may use identification information during the period of retention: (i) When executing the affairs listed in Appended Table 5 (ii) When executing the affairs specified by prefectural ordinance (iii) When executing the affairs for which the person to whom the identification information pertains has given consent to the use of the identification information (iv) When compiling statistical data (2) A prefectural governor, when a request is made by an executive organ of the prefecture specified by prefectural ordinance, other than the prefectural governor him/herself, in relation to the handling of the affairs specified by prefectural ordinance, shall provide identification information during the period of retention, as provided for by prefectural ordinance. (3) A prefectural governor, when a notice is given under the provision of Article 30-5, paragraph (1) to the effect that the entry in a residence certificate has been corrected with regard to all or part of the matters listed in Article 7, item (i) to item (iii) and item (vii) (in the case of the matter set forth in item (vii), the address) (excluding a minor correction specified by Ordinance of the Ministry of Internal Affairs and Communications) or to the effect that a residence certificate has been deleted, may use the information to the effect that such notice has been given, for the affairs prescribed in Article 12 of the Act on Electronic Signature Certification Services by Local Public Entities (Act No. 153 of 2002). (4) An entrusting prefectural governor prescribed in Article 34, paragraph (3) of the Act on Electronic Signature Certification Services by Local Public Entities may provide a designated certification body prescribed in Article 34, paragraph (1) of said Act with the information to the effect that the notice set forth in the preceding paragraph has been given, for the purpose of handling the affairs prescribed in Article 35 of said Act, as provided for by Ordinance of the Ministry of Internal Affairs and Communications. Article 30-10 of the Basic Resident Register Act (Designation of Designated Information Processing Organizations, etc.) (1) A prefectural governor may entrust a person designated by the Minister of Internal Affairs and Communications (hereinafter referred to as a "designated information processing organization") to execute the following affairs (hereinafter referred to as "affairs for identification information processing"): (i) Designating residence certificate codes and giving a notice of the designation under the provision of Article 30-7, paragraph (1) (ii) Holding consultation and making adjustments under the provision of Article 30-7, paragraph (2) (iii) Providing, under the provision of Article 30-7, paragraph (3), identification information for the State organs and juridical persons listed in the upper column of Appended Table 1 (iv) Providing, under the provision of Article 30-7, paragraph (4), identification information for executive organs of municipalities within the area listed in the upper column of Appended Table 2 and the mayors of municipalities within the area of the prefecture prescribed in item (iii) of said paragraph (v) Providing, under the provision of Article 30-7, paragraph (5), identification information for executive organs of other prefectures listed in the upper column of Appended Table 3 and the prefectural governors of other prefectures prescribed in item (iii) of said paragraph (vi) Providing, under the provision of Article 30-7, paragraph (6), identification information for executive organs of municipalities within the areas of other prefectures listed in the upper column of Appended Table 4 and the mayors of municipalities within the areas of other prefectures prescribed in item (iii) of said paragraph (vii) Providing, under the provision of Article 37, paragraph (2), reference materials concerning identification information for administrative organs of the State. (2) The designation under the provision of the preceding paragraph shall be made upon application of a person who intends to execute affairs for identification information processing. (3) A prefectural governor who has, pursuant to the provision of paragraph (1), entrusted a designated information processing organization to execute his/her affairs for identification information processing (hereinafter referred to as an "entrusting prefectural governor") shall not execute him/herself the affairs for identification information processing (excluding the affairs listed in item (iv) and item (vii) of said paragraph). (4) An entrusting prefectural governor may have a designated information processing organization receive fees paid for the provision of identification information under the provision of Article 30-7, paragraph (3) that is performed by the designated information processing organization pursuant to the provision of paragraph (1) (hereinafter referred to as "fees for provision of information"in the next paragraph), as the designated information processing organization's own income. (5) The amount of fees for provision of information in the case referred to in the preceding paragraph shall be determined by the designated information processing organization as provided for by prefectural ordinance of the prefecture governed by the entrusting prefectural governor. In this case, the designated information processing organization shall obtain approval, in advance, from the entrusting prefectural governor for such amount of fees for provision of information. Article 30-11 of the Basic Resident Register Act (Notice to Designated Information Processing Organizations, etc.) (1) An entrusting prefectural governor shall notify a designated information processing organization of the identification information for which a notice has been given under the provision of Article 30-5, paragraph (1). (2) The notice under the provision of the preceding paragraph shall be given, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, by transmitting the notice, via telecommunication lines, from a computer used by the entrusting prefectural governor to a computer used by the designated information processing organization. (3) The designated information processing organization that has received a notice under the provision of paragraph (1), as provided for by Ordinance of the Ministry of Internal Affairs and Communications, shall record on a magnetic disk the identification information for which the notice has been given, and preserve the disk for a period specified by Cabinet Order from the date of the notice. (4) The provision of identification information under the provision of Article 30-7, paragraph (5) by a designated information processing organization for the prefectural governor of another prefecture prescribed in item (iii) of said paragraph, pursuant to the provision of paragraph (1) of the preceding Article, shall be conducted, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, by transmitting the information, via telecommunication lines, from a computer used by the designated information processing organization to a computer used by the prefectural governor who receives the information; provided, however, that this shall not apply when a special request is made. (5) When a designated information processing organization, in the course of administration or execution of its affairs, has found any error in the identification information recorded on the magnetic disk preserved by the entrusting prefectural governor under the provision of Article 30-5, paragraph (3), it shall report to the entrusting prefectural governor to that effect without delay. (6) A designated information processing organization, at least once every year, shall prepare and publicize a report, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, with regard to the status of the provision of identification information under the provision of Article 30-7, paragraph (3) that the designated information processing organization conducts under the provision of paragraph (1) of the preceding Article. (7) A designated information processing organization shall provide an entrusting prefectural governor with technical advice and information necessary for computer processing (input, accumulation, editing, processing, modification, updating, retrieval, deletion, output or any other similar treatment of information conducted by using a computer; the same shall apply hereinafter) of the identification information for which a notice has been given under the provision of Article 30-5, paragraph (1). (8) A designated information processing organization, in order to ensure that accurate records on inhabitants are made in the basic resident registers of the municipalities within the area of the prefecture governed by an entrusting prefectural governor, shall provide necessary cooperation for the entrusting prefectural governor. (9) A designated information processing organization, when a notice is given under the provision of paragraph (1) by an entrusting prefectural governor who has entrusted, pursuant to the provision of Article 34, paragraph (1) of the Act on Electronic Signature Certification Services by Local Public Entities, a designated certification body set forth in Article 34, paragraph (1) of said Act (hereinafter referred to as a "designated certification body" in this paragraph) to perform his/her certification affairs, to the effect that the entry in a residence certificate has been corrected with regard to all or part of the matters listed in Article 7, item (i) to item (iii), and item (vii) (in the case of the matter set forth in item (vii), the address) (excluding a minor correction specified by Ordinance of the Ministry of Internal Affairs and Communications) or to the effect that a residence certificate has been deleted, shall provide a designated certification body with information to the effect that such notice has been given, upon the request of a designated certification body, for the handling of the affairs prescribed in Article 34, paragraph (1), item (v) of said Act, as provided for by Ordinance of the Ministry of Internal Affairs and Communications. Article 30-44 of the Basic Resident Register Act (Issuance of Basic Resident Register Card) (1) A person who is recorded in a basic resident register may request the mayor of the municipality that keeps the basic resident register in which the person is recorded to issue a basic resident register card pertaining to the person (which means a card in which the name, residence certificate code and any other matters specified by Cabinet Order entered in the person's residence certificate are recorded; the same shall apply hereinafter). (2) A person who intends to obtain the issuance of a basic resident register card, as provided for by Cabinet Order, shall submit a written application for issuance stating the intention to obtain the issuance and other matters specified by Ordinance of the Ministry of Internal Affairs and Communications, to the mayor of the municipality that keeps the basic resident register in which the person is recorded. (3) The mayor of a municipality, when a written application for issuance set forth in the preceding paragraph is submitted, shall issue a basic resident register card to the applicant, as provided for by Cabinet Order. (4) The form and other necessary matters of a basic resident register card shall be specified by Ordinance of the Ministry of Internal Affairs and Communications. (5) A person who has obtained the issuance of a basic resident register card, when he/she has lost the basic resident register card, shall immediately notify the mayor of the municipality who has issued the basic resident register card to that effect. (6) A person who has obtained the issuance of a basic resident register card, in cases where he/she moves out or other cases specified by Cabinet Order, shall return the basic resident register card to the mayor of the municipality who has issued the basic resident register card, as provided for by Cabinet Order. (7) In addition to what is specified in the preceding paragraphs, the matters concerning the procedures to be followed in cases where a person intends to obtain the re-issuance of a basic resident register card and cases where there has been a change to the matters stated in a written application for issuance set forth in paragraph (2), and other necessary matters concerning a basic resident register card shall be specified by Cabinet Order. (8) The mayor and any other executive organ of a municipality may use basic resident register cards for the purposes prescribed in municipal ordinance, as provided for by municipal ordinance. Article 30-5 of the Order for Enforcement of the Basic Resident Register Act (Matters Concerning Entry in Residence Certificate, etc. of Which Notice Shall Be Given to Prefectural Governor) The matters concerning an entry in a residence certificate specified by Cabinet Order, as prescribed in Article 30-5, paragraph (1) of the Act, shall be the matters set forth in the following items for the cases listed in the respective items. (i) Where an entry has been made in a residence certificate: A statement to the effect that an entry has been made in a residence certificate, as well as the moving-in or any other event specified by Ordinance of the Ministry of Internal Affairs and Communications that is the reason for the entry and the date on which such event has taken place (ii) Where a residence certificate has been deleted: A statement to the effect that a residence certificate has been deleted, as well as the moving-out or any other event specified by Ordinance of the Ministry of Internal Affairs and Communications that is the reason for the deletion and the date on which such event has taken place (in the case of deletion of a residence certificate based on a notification given under the provision of Article 24 of the Act, the scheduled date of moving-out) (iii) Where the entry in a residence certificate has been corrected with regard to all or part of the matters listed in Article 7, item (i) to item (iii) and item (vii) of the Act (in the case of the matter listed in item (vii), the address): A statement to the effect that the entry in a residence certificate has been corrected, as well as the change of address or any other event specified by Ordinance of the Ministry of Internal Affairs and Communications that is the reason for the correction and the date on which such event has taken place (iv) Where the entry in a residence certificate has been corrected with regard to the matters listed in Article 7, item (xiii) of the Act: A statement to the effect that the entry in a residence certificate has been corrected, the event specified by Ordinance of the Ministry of Internal Affairs and Communications that is the reason for the correction and the date on which such event has taken place, as well as the residence certificate code that was entered prior to the correction to the entry in the residence certificate (in the case where no residence certificate code was entered in the residence certificate, a statement to that effect) Article 1 of the Ordinance for Enforcement of the Basic Resident Register Act (Residence Certificate Code) A residence certificate code prescribed in Article 7, item (xiii) of the Basic Resident Register Act (Act No. 81 of 1967; hereinafter referred to as the "Act") shall be determined by combining the following numbers in the order shown below. (i) A ten-digit number made at random (ii) A one-digit check number (which means a number calculated by a mathematical formula specified by the Minister of Internal Affairs and Communications for the purpose of detecting any error that may occur when inputting a residence certificate code in a computer) Article 14, paragraph (1) of the Ordinance for Enforcement of the Basic Resident Register Act (Designation of Residence Certificate Codes, etc.) The designation of residence certificate codes under the provision of Article 30-7, paragraph (1) of the Act shall be made in the manner that a prefectural governor (or in the case where a prefectural governor has entrusted a designated information processing organization to make the designation pursuant to the provision of Article 30-10, paragraph (1) of the Act, such designated information processing organization; the same shall apply hereinafter) selects residence certificate codes at random from among residence certificate codes as adjusted under the provision of Article 30-7, paragraph (2) of the Act, while taking into account the population of each municipality within the area of the prefecture and other matters concerned.

The judgment of prior instance is quashed with respect to the part for which the appellant of final appeal lost the case. The appeals to the court of second instance filed by the appellees of final appeal are all dismissed with respect to the part mentioned in the preceding paragraph. The appellees of final appeal shall bear the cost of the appeal to the court of second instance and the cost of the final appeal.

Concerning the reasons for final appeal and the reasons for the petition for acceptance of final appeal argued by the appeal counsels, OTAKE Takashi, et al. 1. In this case, the appellees of final appeal allege that the collection, management or use (hereinafter collectively referred to as "management, use, etc.") of their personal information by administrative organs by way of the Basic Resident Register Network generally called "Juki-Net" (hereinafter referred to as the "Juki Network") illegally infringe the appellees' right to privacy and other moral rights guaranteed under Article 13 of the Constitution, and based on this allegation, by making a claim for elimination of disturbance based on such moral rights, the appellees request the appellant of final appeal, the custodian of the appellees' basic resident register, to delete the appellees' resident certificate codes from the basic resident register. 2. The outline of the facts legally determined by the court of prior instance is as follows. (1) The Basic Resident Register Act was revised by Act No. 133 of 1999, and the Juki Network was introduced. The outline of the Juki Network is as follows. (a) Purpose In the past, the information in basic resident registers held by municipalities was used only by the respective municipalities. The purpose of the Juki Network is to build a network of basic resident registers to widen the areas of the affairs concerning basic resident registers, with the aim of improving community services and achieving operational efficiency. To this end, the mayors of municipalities are required to prepare basic resident registers by compiling residence certificates in which residence certificate codes are entered so as to build a system wherein specific items of identification information included in the personal information recorded in basic resident registers, such as name and address, can be shared and confirmed by municipal, prefectural and State organs, etc. (Article 6, Article 7, item (xiii), and Article 30-5 to Article 30-8, etc. of the Basic Resident Register Act). (b) Residence certificate code The mayor of a municipality shall prepare a basic resident register by compiling residence certificates, which are given to individuals, by household (Article 6, paragraph (1) of the Basic Resident Register Act), and in each residence certificate, a residence certificate code shall be entered (Article 7, item (xiii) of said Act). A prefectural governor, as provided for by Ordinance of the Ministry of Internal Affairs and Communications, shall consult with other prefectural governors in advance and make adjustments so as to avoid the overlap between residence certificate codes, and then shall designate, for the mayor of each municipality within the area of the prefecture, residence certificate codes that the mayor may enter in residence certificates, and notify the mayor of such codes (Article 30-7, paragraph (1) and paragraph (2) of said Act). The Ordinance for Enforcement of said Act, which is the Ordinance of the Ministry of Internal Affairs and Communications mentioned above, provides that the designation of residence certificate codes shall be made in the manner that a prefectural governor selects sequences of numbers at random from among sequences of numbers made by combining ten-digit numbers made at random with one-digit check numbers (Article 1 and Article 14 of the Ordinance for Enforcement of said Act). When the mayor of a municipality makes a new entry in a residence certificate for a person who has never been recorded in the basic resident register of any municipality, the mayor shall choose one from among said residence certificate codes designated by the prefectural governor and enter it in the person's residence certificate (Article 30-2, paragraph (2) of said Act); when the mayor of a municipality makes an entry in a residence certificate for a person who has ever been recorded in the basic resident register of any municipality, the mayor shall enter the residence certificate code that the mayor of the relevant municipality has entered in the residence certificate for the person most recently (paragraph (1) of said Article). (c) Identification information Identification information, or personal information managed or used, etc. by way of the Juki Network, consists of the four out of the matters entered in a residence certificate (Article 7 of the Basic Resident Register Act), i.e. [1] name (item (i)), [2] date of birth (item (ii)), [3] sex (item (iii)), and [4] address (item (vii)) (hereinafter collectively referred to as the "four information items"), in combination with the residence certificate code (item (xiii)) and the matters concerning an entry in a residence certificate which are specified by Cabinet Order (hereinafter referred to as "information on change") (Article 30-5, paragraph (1) of said Act). Information on change refers to the event that is the reason for change ("moving-in," "birth," "moving-out," "death," etc.), the date of change, and the identification information before change (Article 30-5 of the Order for Enforcement of said Act). (d) Mechanism of the Juki Network In each municipality, in addition to the existing basic resident register data processing system (hereinafter referred to as the "existing Juki system"), a communication server is installed as a system for connecting the existing Juki System with the Juki Network and recording and managing identification information of inhabitants of the municipality. Identification information is transmitted from the existing Juki system to said server and stored therein. In each prefecture, a prefectural server is installed as a system for recording and managing the identification information transmitted from the communication servers installed in all municipalities within the area of the prefecture. A prefectural governor may entrust a person designated by the Minister of Internal Affairs and Communications (hereinafter referred to as a "designated information processing organization") to execute affairs for identification information processing (the principal sentence of Article 30-10, paragraph (1) of the Basic Resident Register Act). In a designated information processing organization, a national server is installed for recording and managing the identification information transmitted from the prefectural servers of all prefectures. The identification information transmitted from prefectural governors to the designated information processing organization shall be stored in the national server (Article 30-11 of said Act). (e) Management, use, etc. of identification information (A) The mayor of a municipality, where he/she has made an entry in a residence certificate, deleted a residence certificate or corrected the entry with regard to the four information items and the residence certificate code, shall notify the prefectural governor of the identification information (Article 30-5, paragraph (1) of the Basic Resident Register Act)). A prefectural governor shall record on a magnetic disk the identification information of which he/she has been notified, and preserve the disk for five years in principle (Article 30-5, paragraph (3) of said Act, Article 30-6 of the Order for Enforcement of said Act). (B) The mayor of a municipality, when a request is made by the mayor or any other executive organ of another municipality in relation to the handling of affairs, shall provide identification information as provided for by municipal ordinance (Article 30-6 of said Act). (C) A prefectural governor, when a request is made by any of the parties listed in the appended tables of said Act, namely, a State organ, etc., the mayor or any other executive organ of a municipality within the area or executive organ, etc. of another prefecture, in relation to the handling of certain affairs prescribed by laws and regulations or prefectural ordinance, shall provide identification information as provided for by laws and regulations or prefectural ordinance (Article 30-7, paragraph (3) to paragraph (6) of said Act). (D) A prefectural governor may use identification information in the process of executing certain affairs prescribed in laws and regulations, such as compiling statistical data (Article 30-8, paragraph (1) of said Act). (E) As a result of the revision to the appended tables of said Act, the number of types of administrative affairs for which identification information may be provided and used by way of the Juki Network reached 275 as of April 1, 2005. Under the existing laws, there is no organization or entity that may conduct centralized management of the personal information handled when executing these administrative affairs. In addition, since a designated information processing organization, although it is expected to provide identification information at the request of administrative organs, etc. (Article 30-10 of said Act), is not vested with any authority to collect other personal information from administrative organs, etc., the designated information processing organization is unable to combine such other personal information held by administrative organs, etc. with identification information. (f) Use of identification information for non-intended purposes (A) The mayor of a municipality or any other person who has received identification information provided under the provisions of laws and regulations, etc. for the purpose of executing the affairs prescribed in the appended tables of the Basic Resident Register Act (Article 30-33 of said Act) shall use or provide the identification information that they have received, only within the scope necessary for executing the handling of affairs, and they are prohibited from using or providing such identification information for purposes other than the handling of affairs (Article 30-34 of said Act). (B) An administrative organ shall not retain personal information beyond the scope necessary for the achievement of the specified purpose of use (Article 3, paragraph (2) of the Act on the Protection of Personal Information Held by Administrative Organs), and the head of an administrative organ shall not, except as otherwise provided for by laws and regulations, use by him/herself or provide another person with retained personal information for purposes other than the specified purpose of use (Article 8, paragraph (1) of said Act). (C) When an administrative organ that retains identification information, beyond the allowable scope mentioned in (A) above, combines identification information with other personal information by using a residence certificate code as a master key, such act (hereinafter referred to as "data-matching") constitutes violation of obligation in the course of duties as prescribed in Article 30-34 of the Basic Resident Register Act and shall be subject to disciplinary action (Article 82 of the National Public Service Act, Article 29 of the Local Public Service Act). Where an employee of an administrative organ has collected documents and other materials containing individuals' confidential matters for the purpose of data-matching or other use beyond the scope mentioned in (A) above, such act falls under the case where the employee collects such materials "by abusing his/her authority…for exclusive use for a purpose other than his/her duties" (Article 55 of the Act on the Protection of Personal Information Held by Administrative Organs), and shall be subject to criminal punishment. Where an officer or employee of a designated information processing organization (Article 30-17, paragraph (3) of the Basic Resident Register Act), or an employee of a municipal, prefectural or State organ, etc. who has received the provision of identification information has divulged to other organs, etc. any secret concerning the identification information that he/she has acquired, such act constitutes violation of a public official's obligation of confidentiality and shall be subject to criminal punishment (Article 109, item (xii) and Article 100, paragraph (1) and paragraph (2) of the National Public Service Act, Article 60, item (ii) and Article 34, paragraph (1) and paragraph (2) of the Local Public Service Act). Where an employee of a municipality who engages in the affairs concerning computer processing of identification information, etc. (Article 30-31, paragraph (1) and paragraph (2) of the Basic Resident Register Act) has divulged any secret concerning the identification information that he/she has acquired in relation to said affairs, such act shall be subject to criminal punishment prescribed in Article 42 of the Basic Resident Register Act. Furthermore, where an employee of an administrative organ has, without justifiable grounds, provided a third party with a personal information file containing individuals' confidential matters, such act shall also be subject to criminal punishment (Article 53 of the Act on the Protection of Personal Information Held by Administrative Organs). (g) Surveillance authorities The Basic Resident Register Act provides that a council for protection of identification information shall be established for each prefecture (Article 30-9, paragraph (1) and paragraph (2) of said Act) and that an identification information protection committee shall be established within a designated information processing organization (Article 30-15, paragraph (1) and paragraph (2) of said Act), requiring such council or committee to investigate and deliberate the matters concerning the protection of identification information in the respective prefecture or designated information processing organization. (h) Basic resident register card A person who is recorded in a basic resident register may request the mayor of the municipality to issue a basic resident register card in which the person's name, residence certificate code and any other matters specified by Cabinet Order are recorded (Article 30-44, paragraph (1) of the Basic Resident Register Act). The mayor and any other executive organ of a municipality may use basic resident register cards for the purposes prescribed in municipal ordinance, as provided for by municipal ordinance (Article 30-44, paragraph (8) of said Act). (2) The introduction of the Juki Network has brought the following benefits to inhabitants: [1] When an inhabitant submits a notification of moving-in with his/her basic resident register card attached thereto while satisfying certain requirements, he/she is no longer required to attach the certificate of moving-out that was required before, which means that the inhabitant no longer needs to go to the municipal office, etc. of the place from which he/she has moved out (Article 24-2, paragraph (1) of the Basic Resident Register Act); [2] A copy of one's residence certificate can be obtained at all municipalities throughout the country (Article 12-2, paragraph (1) of said Act); [3] It is no longer required to submit a copy of one's residence certificate that was required before on certain occasions such as submitting a notification of marriage or divorce, applying for the issuance of a passport, requesting the issuance of an extract of the family register, and filing a final return of income tax (Article 3 of the Act on the Utilization of Information and Communications Technology in Administrative Procedure, etc., Article 4, paragraph (1) and paragraph (7) of the Ordinance for Enforcement of the Act on the Utilization of Information and Communications Technology in Administrative Procedure, etc. in relation to Laws and Regulations Subject to Jurisdiction of Relevant Administrative Organs). On the other hand, the Juki Network is also beneficial to municipalities in achieving operational efficiency through conducting communications between municipalities via telecommunication lines instead of mail services, and also beneficial, corresponding to the benefits to inhabitants [1] to [3] mentioned above, in mitigating workload and reducing administrative costs incurred for issuing residence certificates and handling other relevant affairs. (3) As safety measures to prevent divulgence of identification information, from a technical perspective, considerably strict security measures have been applied to the component devices of the Juki Network, and also from a personnel perspective, a variety of systems and operational standards for personnel management, training and education have been developed and put into practice. At the present moment, there is no concrete risk that due to the security deficiency of the Juki Network, unauthorized access to identification information would occur and cause divulgence of identification information. 3. The court of prior instance upheld the appellees' claim against the appellant for deletion of their residence certificate codes, holding as follows. (1) The interest in making one's own decision on the handling of information concerning one's own private matters (the right to control one's personal information) should be construed to be guaranteed under Article 13 of the Constitution as a right to privacy, which is included in moral rights. Even the four information items that are generally not very confidential and the residence certificate code that is nothing other than a sequence of numerical characters, depending on the manner in which they are treated, may pose a risk of threatening liberty in the private life of an individual, to whom the information pertains, against the individual's rational expectation. For this reason, all matters treated as identification information fall within the scope of legal protection as information on privacy, and should be protected by the right to control one's personal information. (2) When the management, use, etc. of identification information is necessary for achieving a justifiable administrative purpose and reasonable as a means to achieve it, the right to control one's personal information is subject to intrinsic constraint or restricted for the sake of public welfare, and therefore such act in principle does not infringe the right to control one's personal information. However, if there is a concrete risk that identification information would be divulged or used for non-intended purposes and inhabitants' privacy or peaceful private life would be harmed, such act should be deemed to lack the reasonableness as the aforementioned means for achieving the purpose and infringe the right to control one's personal information. (3) Under the existing laws, data-matching is regarded as the use of identification information for a non-intended purpose and prohibited under a penal provision. However, the Act on the Protection of Personal Information Held by Administrative Organs allows an administrative organ to retain personal information by changing the purpose of use at its own discretion (Article 3, paragraph (3) of said Act), and in this case, data-matching does not constitute violation of Article 30-34 of the Basic Resident Register Act, which restricts the use of identification information for non-intended purposes. In addition, since an administrative organ may use or provide retained personal information for purposes other than the purpose of use, to the extent necessary for executing the affairs or business under its jurisdiction provided for by laws and regulations and when there is a reasonable ground for such use of the information (Article 8, paragraph (2), item (ii) and item (iii) of the Act on the Protection of Personal Information Held by Administrative Organs), the restriction under the Basic Resident Register Act on the use of identification information for non-intended purposes is ineffective. Furthermore, when inhabitants have received administrative services by using basic resident register cards, the records on these inhabitants remain in the computers of the administrative organs, and name lists can be developed based on such records by using residence certificate codes. Taking into consideration all of these points, it can be said that there is a concrete risk that at administrative organs, a large amount of information on privacy of individual inhabitants would be accumulated with Residence certificate code, applied to data-matching, and retained and used by the administrative organs at the time and to the extent that are unforeseeable to the individuals. In this respect, the Juki Network is not reasonable as a means to achieve its administrative purpose, and therefore the operation of the Juki Network with regard to the appellees who do not consent to the operation thereof infringes their right to privacy or right to control one's personal information. (4) The operation of the Juki Network with regard to the appellees can be deemed to illegally infringe their moral rights due to the defects of the system itself and threaten their personal autonomy to a significantly serious extent, and there is the risk that if the operation continues, it would cause irrecoverable damage to the appellees. In such case, it is appropriate to construe that a person whose right is infringed may seek an injunction against the act of infringement, and with regard to an injunction against a notice to the governor of Osaka Prefecture, which is an act conducted by an administrative organ and is also a factual act, it can be construed that an injunction may be sought in a civil suit. It can also be construed that making a claim for deletion of residence certificate codes is in effect an act of recovery aimed to enforce an effective injunction, and therefore this claim may be made together with a claim for an injunction. 4. However, we cannot affirm the holdings of the court of prior instance mentioned above, on the following grounds. (1) Article 13 of the Constitution provides that citizens' liberty in private life shall be protected against the exercise of public authority, and it can be construed that, as one of individuals' liberties in private life, every individual has the liberty of protecting his/her own personal information from being disclosed to a third party or made public without good reason (See 1965 (A) No. 1187, judgment of the Grand Bench of the Supreme Court of December 24, 1969, Keishu Vol. 23, No. 12, at 1625). We therefore examine whether or not the Juki Network infringes the aforementioned liberty of the appellees. Identification information managed or used, etc. by way of the Juki Network consists only of the four information items (name, date of birth, sex, and address), in combination with the residence certificate code and information on change. Among these items of identification information, the four information items are personal identification information which is supposed to be necessarily disclosed in a person's social life to a certain scope of other persons. Information on change consists of the event that is the reason for change (e.g. moving-in, moving-out), the date of change, and the identification information before change, all of which cannot be regarded as highly confidential information that is related to an individual's inner mind. Since before the introduction of the Juki Network, all of these items of information have been managed or used, etc. by municipalities that retain basic resident registers as the matters entered in residence certificates, and provided to other administrative organs, etc. under laws and regulations depending on the needs and used for their handling of affairs. A residence certificate code is assigned to each individual for the purpose of ensuring the management, use, etc. of identification information by way of the Juki Network and in the manner that the mayor of a municipality chooses one from among sequences of numbers designated by the prefectural governor at random, and it has no difference from identification information in terms of confidentiality, as long as it is used for the purpose described above. Also according to the facts mentioned above, the management, use, etc. of identification information by way of the Juki Network can be deemed to be conducted on the basis of laws and regulations and within the bounds of the justifiable administrative purpose of improving community services and achieving operational efficiency of administrative affairs. In addition, the following facts are also found: [1] there is no concrete risk that identification information would be easily divulged through unauthorized access from outside due to system defects in the Juki Network; [2] the act of the recipient using identification information for non-intended purposes or leaking any secret concerning identification information is prohibited and subject to disciplinary action or criminal punishment; [3] the Basic Resident Register Act provides that a council for protection of identification information shall be established for each prefecture and an identification information protection committee shall be established within a designated information processing organization, thereby taking institutional measures to ensure proper handling of identification information. In light of these facts, we cannot say that the Juki Network has system defects in terms of technical or legal aspects and such defects cause a concrete risk that identification information would be disclosed to a third party or made public without the basis of laws and regulations or beyond the bounds of a justifiable administrative purpose. The court of prior instance concluded that there is a concrete risk that, by way of the Juki Network, a large amount of information on the privacy of individual inhabitants would be applied to data-matching using residence certificate codes, and retained and used by the administrative organs at the time and to the extent that are unforeseeable to the individuals. As the grounds for this conclusion, the court of prior instance pointed out as follows: [1] Under the Act on the Protection of Personal Information Held by Administrative Organs, an administrative organ is allowed to retain personal information by changing the purpose of use at its own discretion, and an administrative organ may use or provide retained personal information for purposes other than the purpose of use, to the extent necessary for executing the affairs or business under its jurisdiction provided for by laws and regulations and when there is a reasonable ground for such use of the information. It follows that where an administrative organ uses or provides retained personal information for purposes other than the purpose of use pursuant to the provisions of said Act, such act does not constitute violation of Article 30-34 of the Basic Resident Register Act, which restricts the use of identification information for non-intended purposes, and therefore the restriction under the Basic Resident Register Act on the use of identification information for non-intended purposes is ineffective; [2] When inhabitants have received administrative services by using basic resident register cards, name lists can be developed based on the records on these inhabitants that remain in the computers of the administrative organs, by using residence certificate codes. However, as for the grounds [1], we should say that the Act on the Protection of Personal Information Held by Administrative Organs provides for the basic matters concerning the handling of personal information in general at administrative organs, whereas Article 30-34 of the Basic Resident Register Act, which stipulates protection of identification information, is a provision aimed particularly to ensure that measures will be implemented to protect part of personal information, i.e. identification information managed, used, etc. by way of the Juki Network. In view of this, it should be construed that the protective provision under the Basic Resident Register Act shall be applicable to identification information in preference to the provisions of the Act on the Protection of Personal Information Held by Administrative Organs, and according to this reasoning, the determination of the court of prior instance, which found the restriction under the Basic Resident Register Act on the use of identification information for non-intended purposes to be ineffective, is based on an erroneous premise. As for the grounds [2], we cannot find any such fact that the Juki Network has a system wherein residence certificate codes and other identification information recorded in basic resident register cards remain in the computers of the administrative organs that have provided administrative services for inhabitants. As mentioned above, data-matching is regarded as the use of identification information for a non-intended purpose and subject to disciplinary action, and the act of collecting documents and other materials containing individuals' confidential matters for the purpose of data-matching is subject to criminal punishment. Furthermore, when an employee, etc. of an administrative organ that retains confidential personal information has provided such information to other administrative organs, etc. without justifiable grounds, thereby making it available for data-matching, such act is also prohibited with criminal punishment. Under the existing laws, there is no organization or entity that may conduct centralized management of the personal information handled when executing administrative affairs for which the provision of identification information is permitted. In light of these facts, we cannot agree with the determination of the court of prior instance stating that the operation of the Juki Network causes a concrete risk. (2) Consequently, the act of administrative organs to manage, use, etc., by way of the Juki Network, the identification information of the appellees who are inhabitants cannot be deemed to cause personal information to be disclosed to a third party or made public without good reason, and it is appropriate to construe that even in the absence of the consent of these individuals, such act does not infringe the aforementioned liberty guaranteed under Article 13 of the Constitution. Also according to our holdings shown above, we should conclude that there are no grounds for the appellees' allegation that the management, use, etc. of their identification information by way of the Juki Network illegally infringe their right or interest in making their own decision on the handling of the information on their privacy. This reasoning is obvious in light of the purport of the judgment of the Grand Bench of the Supreme Court mentioned above. The determination of the court of prior instance, which upheld the appellees' claim for deletion of their residence certificate codes on the grounds that contravene this reasoning, contains a misconstruction of the Constitution and a misconstruction of the laws and regulations that apparently affects the conclusion. The appeal counsels' argument is well-grounded, and the judgment of prior instance should inevitably be quashed. According to our holdings shown above, since the appellees' claim is groundless and the judgment of first instance that dismissed the claim is appropriate, the appellees' appeals to the court of second instance should be dismissed. Therefore, the judgment has been rendered in the form of the main text by the unanimous consent of the Justices.

Justice WAKUI Norio Justice YOKOO Kazuko Justice KAINAKA Tatsuo Justice IZUMI Tokuji Justice SAIGUCHI Chiharu