Confidentiality re documents and information

Japan

Japan - Penal Code 1907 (2020) EN/Japanese

PART II CRIMES

Chapter XIII Crimes of Violating Confidentiality

(Unlawful Opening of Letters)
Article 133 A person who opens a sealed letter without just cause is punished by imprisonment for not more than 1 year or a fine of not more than 200,000 yen.

(Unlawful Disclosure of Confidential Information)
Article 134 (1) When a physician, pharmacist, pharmaceuticals distributor, midwife, attorney, defense counsel, notary public or any other person formerly engaged in such profession, without just cause, discloses another person's confidential information which has come to be known in the course of such profession, imprisonment for not more than 6 months or a fine of not more than 100,000 yen is imposed.
(2) The same applies when a person who is or was engaged in a religious occupation, without just cause, discloses another person's confidential information which has come to be known in the course of such religious activities.

(Offense Subject to Complaint)
Article 135 The crimes prescribed under this Chapter is prosecuted only upon complaint.

Rome Statute

Article 93 Other forms of cooperation

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.