Freedom of Information Act

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Freedom of Information Act
Considered byOpen Parliament
Date enacted13 December 2020
Legislative history
Introduced on2 December 2020
Introduced byAeoa
Required majoritySimple majority
Vote results13 Yea, 0 Nay, 0 Abstain[1]
Status: In force

This Act creates a system in which nations may petition the regional government for access to government information or records that might not otherwise be readily available to the public.

Article 1. Operators and Actions

Section 1. Definitions

For the purposes of this Act, the following are hereby defined:

Clause 1. A “Petitioner” is an individual nation which officially requests government information through the procedures outlined in this Act.
Clause 2. A “Request” is an official request or appeal from a Petitioner in the form of an application to the designated government official that government Record(s) be made available to them.
Clause 3. A “Record” is official or unofficial government information that has been intentionally or unintentionally compiled or recorded, and may be the subject of the Request.
Clause 4. An “Official” is an elected or appointed government officer who has been designated to handle FOIA requests on behalf of the government or by this Act.
Clause 5.Information” is qualitative or quantitative data which may be of interest to the requesting Petitioner and be the subject of the FOIA request.
Clause 6. An “Exemption” is a legal reason claimed by the designated government official in which access to the requested information can be legally denied as outlined in Article 2, Section 1 of this Act.
Clause 7. A “Denial of Request” occurs when the designated government official claims one or more exemptions as outlined in this Act, and denies the Petitioner access to the information detailed in their Request.
Clause 8. An “Appeal” is a formal request by the Petitioner to the Court of Justice to review the regional government's denial of their Request and pass down judgement on its legality.
Clause 9. A “Judicial Override” occurs when the Court of Justice determines in its proceedings that the government's claim of exemption in relation to its rejection of an FOIA Request was not valid, and that the information detailed in the Request should therefore be released to the Petitioner.

Article 2. Administration

Section 1. Executive Responsibility

The administration of Freedom of Information requests will be handled by the World Assembly Delegate or any Cabinet member who has been so designated by the Delegate. This information must be made public to the Open Parliament.

Section 2. Role Delegation

The Delegate or otherwise designated government official is responsible for conferring with other Cabinet members and intelligence officials to determine if the requested information meets any of the previously mentioned exemptions.

Section 3. Time Constraints

All FOIA Requests must be approved - and all requested information released to the Petitioner - or denied by a maximum of 14 days from its submission to the designated government official by telegram or by private message on any regional communication platform.

Section 4. Request Form

To appropriately submit an FOIA Request Form, the Petitioner must fill out and submit the following to the World Assembly Delegate or otherwise designated government official:

Personal Information
Nation Name: __________________
Residency Status: __________________
Are you a current government official?: __________________

Requested Information
Relevant Ministry or Agency: __________________
Time Period of Requested Information: __________________
Information Type: __________________
Information/Record(s) Being Requested: __________________

Section 5. Form Incompletion

Failure to complete an FOIA Request Form will result in the denial of the Request.

Section 6. Expedition of Request

Special expediting of an FOIA Request may be asked of the Court of Justice, but is subject to their discretion upon the request’s feasibility and inclusion of valid reasoning.

Article 3. Exemptions

Section 1. Exempt Information

The following exemptions provide a legal basis for denial of an FOIA Request. The government may deny a request if:

Clause 1. The divulgence of the requested information may create regional security challenges which will threaten the stability or continuance of the region.
Clause 2. The divulgence of the requested information contains personal identifying and/or sensitive information including but not limited to:
  • Real name
  • Location
  • Voting records otherwise kept anonymous by law
  • Bar exam information that would violate provisions established by law
  • Medical information and/or otherwise sensitive information provided exclusively within sensitive discussion channels
Clause 3. The divulgence of the requested information will put legal intelligence-gathering methods and/or officials at risk due to a clandestine nature of the operation and/or operators, or if it can be shown that doing so would lead to a decrease in the effectiveness of future legal intelligence-gathering operations using the methods which would be exposed.
Clause 4. The divulgence of the requested information can be proven to disrupt current legal investigations, be they criminal or civil in nature.
Clause 5. The divulgence of the requested information will lead to the identity of an anonymous source of a criminal or civil investigation or trial being revealed.
Clause 6. The divulgence of the requested information will deny an individual their right to due process under the law. This includes information that was explicitly barred from entering trial proceedings because of this nature.
Clause 7. The scope of the requested information is unreasonably broad and would place an exceptional burden on the official tasked with fulfilling such a request.

Section 2. Providing Exemptions

Clause 1. The World Assembly Delegate or otherwise designated government official must provide the requesting Petitioner the reason for which their Request was denied.
Clause 2. The Petitioner may appeal to the Court of Justice in order to reverse this exemption through a Judicial Override.
Clause 3. The designated government official must provide its reasoning for use of the exemption before the Court. The hearing before the Court is closed to the public.
Clause 4. The Court may then uphold the government's decision, or reverse it.
Clause 5. The Court of Justice holds the final legal authority concerning FOIA Requests.