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<4> The role of National Government and Prefecture for the administration of Basic Resident Registration System
National government and prefecture are obliged to take appropriate actions including legislation for secure the smooth and legitimate administration of the Law on Basic Resident Registration. The resident's notification to the municipality which notifies the change of status as a resident (the change of his or her residence, household, or householder, or gain/loss of right/duty) should be finished by one action. And the municipalities' administration of the affairs on resident registration should come up to the law. These doctrines prevent national government or prefecture from making municipalities' administration complicated.
The minister can ask governors'/mayors' reports, can give them some advises or recommendations on the administration of the paragraph 1, when the minister judges them necessary. Governors can ask mayors' reports, can give them some advices or recommendations when the governors judge them necessary (Paragraph 2, Article 31). And, mayors can ask the advices or recommendations for the minister or governors (Paragraph 4, Article 31). The 'advices or recommendations' mean the Minister's or governor's action that he or she urges the mayor to take some action or procedure which the Minister or the governor recognizes necessary and appropriate objectively, or the Minister or governor's action that he or she demonstrates the mayor some regards necessary for taking the appropriate action or procedure.
(1) In the Basic Resident Resignation Law, the minister who is in charge of the administration is Minister of General Affairs. But, the Minister of Justice and the Minister of General Affairs are in charge of the affairs on the notification (Paragraph 2, Article 9) and the affairs on Additional Card on One's Family Registration which is on the chapter 3 (Article 40).
(2) When the minister make the advises or recommendations by the paragraph 1, the minister should consult with the Minister of Health and Labor, when the advices or recommendations are on the recipients of National Health Insurance, National Nursing Care Insurance, National Pension, Child Care Allowance. The minister should consult with the Minister of Agriculture, in case the advices or recommendations are on the recipients of the rice distribution (Paragraph 3, Article 31).
Administrative Authorities of National Government or governors can ask mayors to submit some documents like statistics which are recorded on Basic Resident Registration in case the documents are necessary for the mission of administrative authorities or governors (Paragraph 1, Article 37).
<5> The Judgment on the Recognition on the Residence
Mayor should ask governor's judgment (the Minister's judgment in case each municipality is in the different prefecture) when the mayor has different opinion on the certification of residence from other mayor and the negotiation between the mayors does not finish (Paragraph 1, Article 33).
The Minister or governor should make the judgment within 60 days from the day he or she receive the request of judgment (Paragraph 2, Article 33).
The judgment should be written and the notification should be sent to the mayors with the reason (Paragraph 3, Article 33).
The mayors can sue within 30 days from the day he or she receive the notification in case he or she has objection against the Minister's or governor's judgment (Paragraph 4, Article 33).
<6> Complaints
One who has some objection against mayor's procedure by this law can petition the governor for the review. In this case, he or she can complain against the mayor (Article 31-4).
This procedure dealing with complaints was legislated because the records which are registered on the Basic Resident Registration are concerned with residents' rights and duties significantly.
The governor's power to make the judgment on the mayor's action should be executed as a fair outsider. The Judgment on the Complaint against Administrative Authorities Law will be applied for these complaints.
However, one can not sue for withdrawal of mayor's procedure before the judgment of governor (Article 32).
5 Basic Resident Registration Network System
<1> Resident Card Code
Basic resident registration network system running since August 5th in 2003 is the dedicated line network of server computers in municipalities, prefectures and the agency of information processing designated by Minister of Ministry of Public Management, Home affairs, Posts and Telecommunications as shown in Fig.4-2. It is constructing a universal identification system in Japan.
Resident card code secures efficient access to the basic resident registration network system for identification information. Every resident has a unique code number consisting of random sequence of 10 figures and one-digit check number. Mayor has to record it on a resident card (Article 1 of the ministry order of the Basic Resident Registration Law).
When making a description of a resident card, mayor uses the most recent code number described on the resident card. If it is first time to register in the basic resident registration, mayor selects one code from the list of the available resident card codes designated by governor (Article 30-2, paragraph 1 and 2 of the Basic Resident Registration Law).
The resident card code is basically unchangeable even if the address of the resident is changed. However, if the resident requests to change his code number, it is possible to change the code regardless of reason. When he receives a request from resident, mayor selects one code among several resident card code designated by governor and describes it on the resident card (Article 30-3, paragraph 1, 2 and 3 of the Basic Resident Registration Law).
Governor prepares the list of available resident card codes not to overlap and notify them to the mayor (Article 30-7, paragraph 1 and 2 of the Basic Resident Registration Law). When describing new code on the resident card, mayor has to notify him in writing (Article 30-2, Paragraph 3 and Article 30-3, Paragraph 4 of the Basic Resident Registration Law).
Social Security Number in the United States and Canada and Personal Identity Number in Northern Europe and Korea are virtually used as a universal identification number for diverse application in both private and public sector. With regard to the resident card code, we take several measures to prevent universal use as follows.
(1) Anyone can request mayor a copy of resident card or a certificate of items described on the resident card. However, it is limited to the identical person or his household member who can request copy of the resident card with resident card code and certificate of items recorded on the resident card including resident card code (Article 12, Paragraph 1 of the Basic Resident Registration Law).
(2) Mayor, governor, the agency of information processing designated by Minister of Ministry of Public Management, Home affairs, Posts and Telecommunications and the agencies of the central government and private sector listed in schedule 1 of the Basic Resident Registration Law can not make any reference for resident card code unless necessary to do the duties provided in the Basic Resident Registration Law or permitted to inquire personal identification information for the duties ruled by the Basic Resident Registration Law. (Mayor can inquire for the resident card codes of their residents. Article 30-42 of the Basic Resident Registration Law).
(3) Governor, the agency of information processing designated by Minister of Ministry of Public Management, Home affairs, Posts and Telecommunications, and the administrative organizations which received the personal identification information under the provisions of the Basic Resident Registration Law can not use it for other purposes (Article 30-30 and Article 30-34 of the Basic Resident Registration Law). Even administrative organizations can not use the resident card code as a key code for personal identification.
(4) Private sector other than the agencies mentioned in paragraph (2) can not make reference for resident card code to anyone except identical person and his household members (Article 30-43, Paragraph 1 of the Basic Resident Registration Law). If private sector inquires its customers for their resident card codes or makes the database of them for their business use, governors can recommend private sector to stop it and furthermore can order to obey the recommendation after hearing the opinion of Identification Information Protection Committee (Article 30-43, Paragraph 2, 3, 4 and 5 of the Basic Resident Registration Law). If necessary, governors can request a report and conduct on-site inspection (Article 34-2 of the Basic Resident Registration Law). There is a provision which prepares maximum penalty of one year in prison or 500 thousand yen fine for the disobedience to governors' order (Article 44 of the Basic Resident Registration Law).
The resident card code is a number code recoded by municipalities on the resident card. In any case, it is not allowed for any business use and strictly limited to specific field of public administration.
<2> Use of Personal Identification Information at Prefecture
A mayor shall inform Personal Identification Information to a governor through the Basic Residence Registration Network System, when a mayor newly registers or deletes Resident Cards, or modifies all or a part of name, birthday, sex, address and Resident Card Code (Item 1 and 2, Article 30-5, Basic Resident Registration Act.). A governor shall record Personal Identification Information in Magnetic Discs and reserve the Information (Item 3, ibid).
Personal Identification Information includes:
(1) Name
(2) Birthday
(3) Sex
(4) Address
(5) Resident Card Code
(6) Indication of registration, elimination or modification of Resident Cards, or modification of Resident Card Code; Causes for such registration, elimination and modification (e.g. moving-in, birth, ex officio registration, moving-out, death, ex officio elimination, removing, ex officio modification, petition for modification of Resident Card Code, ex officio registration of Resident Card Code.); year, month and date of such causes; and former Resident Card Cord in the case of modification of Resident Card Cord (Item 1, Article 30-5, Basic Resident Registration Act; Article 30-5, Cabinet Order for the Basic Resident Registration; and Article 5, Ministerial Ordinance for the Basic Resident Registration).
A governor shall provide reserved Personal Identification Information through a means such as the Communications Line (through the Basic Resident Registration Network System when a governor provides the Information to local public entities.) and Magnetic Discs in the following cases:
(1) National Agency or Public Authority, listed in Appendix 1 of the Basic Resident Registration Act, request Personal Identification Information in order to confirm inhabitancy for its affair which is also listed in Appendix 1 of the Basic Resident Registration Act (Item 3, Article 30-7, Basic Resident Registration Act; and Article 30-7, Cabinet Order for the Basic Resident Registration).
(2) An executive organ of a municipality within jurisdiction of a prefecture requests Personal Identification Information for an organ's affair which is listed in Appendix 2 of the Basic Resident Registration Act, designated in Prefecture Ordinance, or regarding Basic Resident Registration (Item 4, Article 30-7, Basic Resident Registration Act; and Article 30-9, Cabinet Order for the Basic Resident Registration).
(3) An executive organ of another prefecture requests Personal Identification Information for an organ's affair which is listed in Appendix 3 of the Basic Resident Registration Act, designated in Prefecture Ordinance, or cooperating with a mayor regarding Basic Resident Registration (Item 5, Article 30-7, Basic Resident Registration Act; and Article 30-9, Cabinet Order for the Basic Resident Registration).
(4) An executive organ of a municipality within jurisdiction of another prefecture requests Personal Identification Information through a governor of another prefecture for an organ's affair which is listed in Appendix 4 of the Basic Resident Registration Act, designated in the Prefecture Ordinance, or regarding Basic Resident Registration (Item 6, Article 30-7, Basic Resident Registration Act; and Article 30-10, Cabinet Order for the Basic Resident Registration)
A governor may use reserved Personal Identification Information for an affair which is listed in the Appendix 5 of the Basic Resident Registration Law, designated in the Prefecture Ordinance, or which a person acknowledges that a governor can use its Personal Identification Information for (Item 1, Article 30-8, Basic Resident Registration Law). A governor shall provide reserved Personal Identification Information, when an executive organ of a prefecture which is listed in the Prefecture Ordinance requests Personal Identification Information for an affair which is listed in the Prefecture Ordinance (Item 2, ibid). In addition, a governor shall provide information related to the Personal Identification Information (e.g. in statistics format), when national government agency requests such information regarding their assigned responsibility.
Currently, a prefecture and a national government agency require a resident to obtain a copy of Resident Card and to attach it to application and/or notification document. Furthermore, elderly people need provide notification of updated physical condition to a pension organization to receive pension. Such inconvenient process will be gradually eliminated after August 15, 2002 as a prefecture and a national government agency can substitute such a copy and notification with Personal Identification Information of the Basic Resident Registration Network System. Therefore, quality of public service is enhanced and administrative cost will be reduced.
Furthermore, the Basic Resident Registration Network System is going to be a foundation for e-governments. Information technology is a key for enhancing quality of life and our competence of economy in the new century. Therefore, achieving the highest level of e-governments is one of the most critical challenges for promoting IT revolution in Japan. National government plans to treat electronic information indifferently to paper-based information in 2003. It will be more and more necessary to eliminate a process that requires attaching a copy of Resident Card, since requiring people to submit a hard copy of Resident Card is nonsense when they send application and/or notification through internet. Now, 2002 Act 152, which inserts additional appendices of the Basic Resident Registration Law, has enabled us to use Basic Resident Registration Network System for 264 administrative affairs, increased from 93 affairs.
In order to achieve e-governments, electronic certification system is necessary to guarantee that an application and/or a notification is developed by a true applicant and/or notifying person and that documents are not interpolated on the way of submission, since e-governments lack of face-to-face contact. With this regard, 2002 Law 153 decrees that local public entities across the nation shall provide electronic personal certification service to their residents; therefore, such electronic personal certification service will be implemented in FY2003 through the Basic Resident Registration Network System.
The Basic Resident Registration Network System is managed by prefectures, broader-based local public entities. A governor shall coordinate municipalities within jurisdiction regarding the Basic Resident Registration Network System, and shall cooperate with a mayor so that the accurate Basic Resident Registration can be assured (Item 9 and 10, Article 30-7, Basic Resident Registration Law).
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