Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
Authorities exchange information with some service providers to facilitate seizure process; for instance they exchange information on the location to execute a seizure warrant and how to describe the “object to be seized” in a seizure warrant.
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
Basis in law
Article 99-2 of the Code of Criminal Procedure (CCP) provides that the court may, when it believes it to be necessary, conduct a seizure with ordering records (meaning written statement having a custodian of the electromagnetic records or the other person with the authority to use electromagnetic records copy the necessary electromagnetic records onto the recording medium or print them out, and seize such recording medium; the same shall apply hereinafter).
Article 218 (1) of the CCP provides that a public prosecutor, a public prosecutor's assistant officer or a judicial police official may, if necessary for investigation of an offense, conduct search, seizure, seizure with ordering records or inspection upon a warrant issued by a judge. In such cases, the inspection and examination of a person shall be conducted upon a warrant for physical examination.
If different for subscriber information
Article 197 (2) of the CCP provides that those who carry out investigation may ask public offices or public or private organizations to make a report on necessary matters relating to the investigation
If different for traffic data
Form
see above
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
Basis in law
Article 218 (1) of the CCP provides that a public prosecutor, a public prosecutor's assistant officer or a judicial police official may, if necessary for investigation of an offense, conduct search, seizure, seizure with ordering records or inspection upon a warrant issued by a judge. In such cases, the inspection and examination of a person shall be conducted upon a warrant for physical examination.
Article 197 (3) of the CCP provides that , when there is a need to seize certain electronic data, a public prosecutor, a public prosecutor's assistant officer or a judicial police official may request in writing the service providers or persons/entities with local network facility not to delete the necessary traffic record of such data for no more than 30 days. The preservation request must be withdrawn when it becomes clear that seizure of such data is not necessary. Art. 197 (4) provides that preservation period can be extended for no more than 30 days but the total preservation period cannot exceed 60 days.
If different for subscriber information
If different for traffic data
Form
see above
Emergency situations
Definition of emergency situation
no special provision
Obligation to cooperate
Confidentiality obligation
Obligation of secrecy
Article 47 of the CCP provides that no document relating to the trial shall be made public prior to the commencement of the trial; provided, however, that this shall not apply when it is necessary for the public interest or other reasons, and when the court believes it to be appropriate.
Article 100 of the National Public Service Act and Article 34 (1) of the Local Public Service Act provides that an official must not divulge any secret with which may have come to the official’s knowledge in the course of duties and that this also applies after the official has left the position.
Non respect of the obligation of secrecy
Any person who has divulged secrets in violation of Article 100 of the National Public Service Act and in violation of Article 34 (1) of the Local Public Service Act is punished by imprisonment with work for not more than one year or a fine of not more than 500,000yen. (Article 109 (xii) of the National Public Service Act, Article 60 (ii) of the Local Public Service Act)
Exception
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
Sources and links
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.