|57||gII Japanese Educational Administration and Financeh||Previous||Next||JAPANESE|
| The argument of the plaintiff (The person who asks for disclosure of information)
(1) A precedent proves that Article 13 of the Constitution protects the right to privacy. This right includes the right to control private information. Therefore a student has the right to see his/her own school transcript.
(2) The studentfs right to see his/her own education information is guaranteed in Article 26 of the Constitution, as the right to education.
(3) There is no negative effect, such as undermining the relationship of trust between the student and the teacher, by the studentfs perusal of his/her school transcript. Therefore, school transcript will be excluded from non disclosure documents, and nondisclosure of school transcript is illegal.
The argument of the defendant (The municipal board of education)
(1) The right to control private information is not set as a positive law. The right to ask for disclosure of private information as in this case, is founded in regulation.
(2) There is a bad effect such as not being able to secure the fairness of the content if you disclose the school transcript to the student. School transcript will be included in the non disclosure document, therefore, the decision of nondisclosure is not illegal.