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Notice on Open Access to the Archives of the Tainan Prison, Agency of Corrections, Ministry of Justice

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  • Last updated:2020-05-26
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I. This Notice is published by the Tainan Prison, Agency of Corrections, Ministry of Justice (hereinafter referred to as the “Prison”) for matters concerning open access to archives under Articles 17-21 of the Archives Act.


II. “Archives” in this Notice shall mean all textual and non-textual information and the attachments thereof filed for management by the Prison in accordance with the document processing procedure.


III. Any citizen applying to the Prison for viewing, copying, or duplicating any archive shall complete the “Application Form for Access to the Archives of the Tainan Prison, Agency of Corrections, Ministry of Justice”(can be downloaded from the website of the Prison) and specify the following information to file an application with the Prison:

(I) The name, date of birth, telephone number, residence (domicile), and National ID Number of the applicant. Where the applicant is a juridical person or any other group with an administrator or representative, specify the name and business office or operational office of the applicant, the name, date of birth, telephone number, and residence (domicile) of the administrator or representative.

(II) Where the applicant has any agent, specify the name, date of birth, telephone number, residence (domicile), and National ID Number of the agent. If the agent is based on consent, a power of attorney shall be presented. If the agent is based on the law, his/her relationship with the applicant shall be specified.

1. The item(s) requested.

2. The title or subject of the archive.

3. The archive number.

4. The purpose of application.

5. Where it is necessary to use the original of the archive, specify the reasons.

6. The date of application.

The application mentioned above may be submitted in person or by written communication.

 

IV. If any application accepted by the Prison is determined to have failed to meet the requirements or to have incomplete information, the applicant shall be notified to make correction within 7 days. If the applicant fails or is unable to make correction within the time limit, the application may be rejected.

After any application has been accepted, the archive management unit will review the application jointly with the business unit for approval or rejection and provide review comments. It shall notify the applicant of the review result in writing within 30 days after the date when the application is accepted at the latest. In the case of any corrected information, the date when the information is corrected shall apply.

Except for the case where application is rejected, the written notification in the preceding Paragraph shall specify the following information:

1. The purpose of the archive approved for access.

2. The method, time, and place of access to the archive.

3. Instructions and standard of charge for archive access.

4. The relevant certificates that shall be brought.

 

V. Any application for viewing, copying, or duplicating any archive may be rejected under any of the following circumstances specified in Article 18 of the Archives Act :

1. The archive involves one or more state secrets.

2. The archive involves one or more criminal records.

3. The archive involves one or more industrial or commercial secrets.

4. The archive contains information related to any knowledge or skill test and its qualification review.

5. The archive contains information related to personnel and remuneration.

6. Confidentiality of the archive is required by any legal or contractual obligation.

7. To otherwise maintain the public interest or the legitimate interest of any third person.

If the copying or duplication of any archive involves copyright, it shall be subject to the relevant requirements in the Copyright Act.

 

VI. The viewing, copying, or duplicating of archives shall be requested by case or case file. If the contents of any archive include any of the information under Paragraph 1 of the preceding Point that restricts access, only the part other than such information will be provided.

All archives of the Ministry shall in principle be accessed through duplicates. If it is necessary to use the original of any archive, and if the archive is not open to access due to any other special cause, the reason shall be specified when an application is filed.

 

VII. The places for access to the archives of the Prison are the Registration Section in the Reception Room on 1F of the Administrative Building and the Archive Room on 2F of the same building. They are open on Monday to Friday from 9:00 to 12:00 and from 14:00 to 17:00. They are closed on national holidays.
Any change will be publicly announced.

 

VIII. Any person who is not a staff member of the Prison shall present his/her personal identity document and register before entering the place of archive access. If such a person has applied for access to any archive, he/she shall present a notice of approval and access the archive in the presence of a person designated by the Prison.

 

IX. The rules below shall be followed in the place of archive access:

1. No food or drink, smoking, shouting, or action that interrupts others.

2. Use only a pencil or portable computer to copy any archive. When duplicating any archive, follow the instructions to use the copy machine by yourself in principle.

3. Do not spoil the cleanliness of the environment or damage any equipment in the place of archive access.

 

X. When accessing any archive, the applicant shall keep it intact and may not engage in any of the following acts:

1. Annotation, alteration, replacement, extraction, marking, or damage of the archive.

2. Unpicking any bound archive.

3. Otherwise destroying the archive or altering its contents.

If any of the Sub-paragraphs under the preceding Paragraph is violated, the Prison may stop access to the archive. If the case involves criminal liability, it shall be referred to a prosecutorial agency for investigation.

 

XI. Any archive accessed by the applicant may not be carried out of the place of access. If it is necessary to bring the archive out of the place of access, the archive shall be delivered to a person designated by the Prison for retention and returned on the same day. After the archive is received and checked by a staff member of the Prison, the applicant’s personal identity document will be returned.

 

XII. If any application for archive access has been approved, the Prison will charge a fee in accordance with the “Fee Standards for Viewing, Hand-copying, or Duplication of Archives” established by the National Archives Administration and issue a receipt to the applicant.

 

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