Private Detective

Below is the translation of the Act On The Regulation Of Private Investigation that enacted in June 2007 in Japan. This is the link to the original legal provisions in Japanse: 探偵業の業務の適正化に関する法律

Act No. 60 of 2006
Act on Optimization of Detective Services
(Purpose)
Article 1 The purpose of this Act is to ensure the appropriateness of the operations of detective business by prescribing necessary regulations, and thereby to contribute to the protection of the rights and interests of individuals.
(Definitions)
“Article 2 The term “”detective service”” as used in this Act means, upon the request of another person, the service of conducting on-the-spot investigations through interviews, tracking, posting on-the-spot investigations, or other similar methods, with the purpose of collecting information concerning the location or actions of a specified person which is the subject of the said request, and reporting the results of the investigations to the client.”
“(2) The term “”detective service”” as used in this Act means business for carrying out detective service.” However, this does not apply exclusively to media organizations such as broadcasting organizations, newspaper publishers, news agencies or other press (including individuals engaged in news reports (meaning informing many and unspecified persons of objective facts as facts and including expressing opinions or views based thereon; the same shall apply hereinafter) on a regular basis) and used for such news reports.
“(3) The term “”detective agent”” as used in this Act means a person who carries out detective business by making notification pursuant to the provisions of Article 4, paragraph (1).”
(Grounds for Disqualification)
Article 3. Any person who falls under any of the following items shall not engage in detective services:
(i) An adult ward or a person under curatorship, or a bankrupt who has not had his/her rights restored;
“(ii) A person who has been sentenced to imprisonment without work or a severer punishment, or who has been sentenced to a fine in violation of the provisions of this Act, and for whom five years have not elapsed from the day on which the execution of the sentence was completed or since the day on which he/she became free from the execution of the sentence;”
(iii) A person who has violated a disposition under the provisions of Article 15 in the last five years.
“(iv) A person who is a member of an organized crime group prescribed in Article 2, item (vi) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) or for whom five years have yet to elapse from the day on which the person ceased to be an organized crime group member;”
“(v) A minor who does not have the same capacity as an adult with regard to business whose statutory agent falls under any of the preceding items or the following item;”
“(vi) A juridical person whose officers include a person who falls under any of item (i) through item (iv);”
(Notification of Detective Business)
“Article 4 Any person who intends to engage in detective services shall, pursuant to the provisions of a Cabinet Office Ordinance, submit a written notification containing the following matters to the Prefectural Public Safety Commission having jurisdiction over the location of the business office (hereinafter referred to as the “”Public Safety Commission””):” In this case, the documents specified by a Cabinet Office Ordinance shall be attached to said written notice.
(i) the trade name, name, and address;
“(ii) the name and location of the business office, and in cases where such business office is its principal business office, a statement to that effect;”
“(iii) in addition to the trade name, name or name set forth in item (i), or the name set forth in the preceding item, if there is any name to be used for advertising or advertising at the business office, such name;”
“(iv) in the case of a juridical person, the names and addresses of its officers;”
“(2) Any person who has notified pursuant to the provisions of the preceding paragraph shall, when he/she has discontinued the detective services or when there has been a change to any of the particulars listed in the items of that paragraph, submit a written notice to that effect to the Public Safety Commission as provided by Cabinet Office Ordinance.” In this case, the documents specified by a Cabinet Office Ordinance shall be attached to said written notice.
“(3) Upon receiving a notification under paragraph (1) or the preceding paragraph (in the case of notification under the provisions of said paragraph, excluding the notification pertaining to abolition), the Public Safety Commission shall deliver a document certifying that such notification has been made to the person who made said notification, pursuant to the provisions of a Cabinet Office Ordinance.”
(Prohibition of Name Lending)
Article 5. Any person who has made the notification of the detective industry under the provisions of paragraph 1 of the preceding Article shall not have another person carry on the detective industry under his own name.
(Principle of the Implementation of Detective Services)
“Article 6 Any detective agent or any person engaged in the duties of detective business (hereinafter referred to as “”detective business operator, etc.””) shall, in carrying out the detective service, be mindful that he/she may not be able to carry out any acts prohibited or restricted by other laws and regulations by this Act, and shall not infringe upon the rights and interests of individuals, such as disturbing the peaceful existence of individuals.”
(Obligation to Obtain Issuance of Documents)
Article 7. Any detective agent shall, when he intends to conclude a contract with a client to carry out detective services, obtain from the client a document indicating that the results of the investigation pertaining to the detective services will not be used for criminal acts, illegal discriminatory treatment or other illegal acts.
“(Explanation of Important Matters, etc.)”
Article 8. Any detective agent who intends to conclude a contract with a client to carry out detective services shall, in advance, provide the client with a written explanation of the following matters:
“(i) The trade name, name, and address of the detective, and in the case of a juridical person, the name of its representative;”
“(ii) the particulars stated in the document set forth in Article 4, paragraph (3);”
“(iii) In carrying out detective services, the applicant shall comply with the Act on the Protection of Personal Information (Act No. 57 of 2003) and other laws and regulations.”
(iv) the matters prescribed in Article 10;
(v) the details of the detective services that may be provided;
(vi) Matters concerning the entrustment of detective services;
(vii) the estimated amount and the time of payment of the consideration for the detective services and any other money that must be paid by the client of such detective services;
(viii) Matters concerning rescission of the contract;
(ix) Matters concerning the disposition of materials prepared or obtained in relation to detective services;
“(2) When a detective contractor has concluded a contract with a client for detective services, he/she shall, without delay, deliver a document clarifying the contents of said contract with regard to the following matters to said client:”
“(i) The trade name, name, and address of the detective, and in the case of a juridical person, the name of its representative;”
(ii) The name and date of contract of the person who took charge of concluding the contract for detective services;
(iii) Details, period, and method of investigation pertaining to detective services;
(iv) The method and deadline for reporting the results of investigations related to detective services;
(v) Where there are provisions on the entrustment of detective services, the details of such provisions;
(vi) The amount of consideration for the detective services and any other money that the client of the detective services is required to pay, and the time and method of payment;
“(vii) if there are provisions on rescission of the contract, the details of such provisions;”
“(viii) where there are provisions for the disposition of materials prepared or obtained with regard to detective services, the details of such provisions;”
(Regulations Concerning the Implementation of Detective Services)
Article 9. Any detective agent shall not, when he knows that the results of investigation pertaining to the detective service are used for criminal acts, illegal discriminatory treatment or other illegal acts, perform the detective service.
(2) No detective contractor shall entrust detective services to any person other than a detective contractor.
“(Maintenance of Secrecy, etc.)”
Article 10. Any person who is engaged in the business of a detective agency shall not divulge any secret of any person he comes to know in the course of his business without any justifiable reason. The same shall apply after a person ceases to be engaged in the business of a detective.
“(2) Any detective business operator shall take necessary measures to prevent unauthorized or unjust use of documents, photographs, and other materials (including electromagnetic records (meaning records made by an electronic method, a magnetic method, or any other method not recognizable to human senses)) prepared or obtained in the course of detective operations.”
Education
Article 11. Any detective agency shall give necessary education to its employees and other workers in order to have them carry out detective services properly.
“(Keeping of Candidate List, etc.)”
Article 12. Any detective agent shall, as provided for in Cabinet Office Ordinance, keep a list of employees and other workers at each business office and enter the necessary matters therein.
(2) Any detective agency shall post the document set forth in paragraph (3) of Article 4 in a conspicuous place at its business office.
(Report and On-Site Inspection)
Article 13. The Public Safety Commission may, within the limits necessary for the enforcement of this Law, require the detective to submit reports or materials with respect to the performance of their duties, or have police personnel enter into the business office of the detective agency, inspect the conditions of duties or books, documents, and other articles, or ask questions to the persons concerned.
“(2) When a police official conducts an on-site inspection pursuant to the provisions of the preceding paragraph, he/she must carry an identification card and present it to the persons concerned.”
(3) The authority to conduct an on-site inspection under paragraph (1) shall not be construed as being vested for criminal investigation.
(Instruction)
Article 14. The Public Safety Commission may, in cases where the detective agents, etc. violate the provisions of this Law or other laws and regulations with respect to the detective services and when it is deemed that the proper operation of the detective services is likely to be impaired, instruct the detective agents to take necessary measures.
(Suspension of Business, etc.)
Article 15. In case any detective agent, etc. has violated the provisions of this Law or any other laws or ordinances with respect to the detective service and is deemed likely to seriously harm the proper operation of the detective service, or has violated the instructions under the provisions of the preceding Article, the Public Safety Commission may order the said detective service, within a fixed period not exceeding six months, to suspend the whole or part of the detective service in the said business office.
“(2) The Public Safety Commission may, when a person who falls under any of the items of Article 3 engages in detective services, order the person to discontinue the services.”
(Delegation of Authority to the Area Public Safety Commission)
Article 16. The work which comes under the authority of the Road Public Safety Commission in accordance with the provisions of this Law may be performed by the Area Public Safety Commission in accordance with the provisions of Cabinet Order.
(Penal Provisions)
Article 17 Any person who has violated a disposition under the provisions of Article 15 shall be punished by imprisonment with work for not more than one year or a fine of not more than 1,000,000 yen.
“Article 18 A person who falls under any of the following items shall be punished by imprisonment with work for not more than six months or a fine of not more than 300,000 yen:”
“(i) a person who has engaged in detective services without making a notification under the provisions of Article 4, paragraph (1);”
“(ii) Any person who has had another person engage in detective services in violation of the provisions of Article 5;”
“(iii) A person who has violated an instruction under Article 14;”
Article 19 Any person who falls under any of the following items shall be punished by a fine of not more than 300,000 yen:
“(i) A person who has made false statements in and submitted a written notification set forth in Article 4, paragraph (1) or documents attached thereto;”
“(ii) A person who has, in violation of Article 4, paragraph (2), failed to submit a written notification or documents attached thereto or who has submitted a written notification or documents attached thereto, containing false statements;”
“(iii) a person who has, in violation of Article 8, paragraph (1) or paragraph (2), failed to deliver a document or who has delivered a document which does not state the matters prescribed in said paragraph or a document containing false statements;”
“(iv) A person who has failed to keep the list prescribed in Article 12, paragraph (1), or who has failed to state necessary matters or has made a false statement;”
“(v) A person who has, in violation of Article 13, paragraph (1), failed to make a report or failed to submit materials, or has made a false report or submitted false materials with regard to the submission of reports or materials under Article 13, paragraph (1), or a person who has refused, obstructed, or avoided an on-site inspection under the provisions of said paragraph;”
“Article 20 When a representative of a juridical person, or an agent, employee or other worker of a juridical person or an individual has committed a violation set forth in the preceding three Articles with regard to the business of said juridical person or individual, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed in the respective Articles.”
Supplementary Provisions
(Effective Date)
“Article 1 This Act shall come into force as from the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation.”
(Transitional Measures)
Article 2. Any person who is actually operating the detective business at the time of the enforcement of this Law may, within one month from the date of enforcement of this Law, operate the detective business without making a report in accordance with the provisions of Article 4 Paragraph (1).
(Review)
“Article 3 With regard to the provisions of this Act, approximately three years after this Act comes into force, a review shall be conducted by taking into consideration the status of the enforcement of this Act and the actual conditions of business operations of detective agents, etc., and, when it is deemed necessary, necessary measures shall be taken.”
Supplementary Provisions (Act No. 61 of June 3, 2001) (Extract)
(Effective Date)
“Article 1 This Act shall come into force as from the date specified by Cabinet Order within a period not exceeding one year from the day of promulgation (hereinafter referred to as the “”Effective Date””).”