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Laws => House => Repealed or Unconstitutional Laws => Topic started by: Caduceo on August 02, 2020, 04:46:27 pm

Title: House Bill 52: Freedom of Information Act (Revised)
Post by: Caduceo on August 02, 2020, 04:46:27 pm
House Bill 52: The Freedom of Information Act (FoIA)

Author(s): Originally by Sir Salibaic and His Imperial Majesty Renegalle

Purpose: In order to provide the public with the right to request access to records from any governmental authority and to require those authorities to disclose any information requested under the FoIA, within reason.

Article 1: Government Authorities

1. A Government Authority shall be defined under this act as: “Any authority which has a legal mandate to govern or administrate an aspect of public life inside the Union of Force and its Territories.”

2. Government Authorities included in this act.

2.1. Any Federal Ministry or Executive Committee.
2.2. The Cabinet of the Union of Force and its Territories.
2.3. The House of Representatives of the Union of Force and its Territories.
2.4. The High Court of the Union of Force and its Territories.
2.5. The High Commission.
2.6. Any Territorial Authority.
2.7. Any Federal Governmental Programs.
2.8. Any Territorial Governmental Programs.
2.9. Any other Government Authority not mentioned herein.

Article 2: Right to a Request for Information

1. All Union citizens have the right to request information from any Government Authority.

Article 3: FoIA Request Process

1. In order to request access to information under FoIA, a citizen shall file a FoIA Request to the relative Government Authority. 
1.1. A request must be made using the following format:

Name: [Name of the Nation Requesting]
Contact Information: [A Discord Tag, or Link to Nation Requesting]
Request: [A detailed description of the information you want - for example, you might want all information held on a subject, or just a summary, or a Document held by a Government Authority.]

2. After a FoIA Request has been made, the relative Government Authority shall have up to 7 days to release the relevant information requested unless it is deemed that the information is too sensitive to be released or if the information contained exposes real life or otherwise private personal information.
2.1. If so, the relevant Government Authority must give a detailed explanation as to why, however, private personal information shall not be subject to a specific explanation. In the case of a Document, the Government Authority may choose to redact sensitive information, giving a detailed explanation for why and noting where information has been redacted.

3. In the event that a request is denied as detailed in §3.2:2.1, an appeal may be made.
3.1. The appeal shall go before the Founder, Chief Justice, and one other High Court Justice of the Founder’s choosing.
3.2. The Information shall be presented to the team as well as the reasoning given. The team will then issue a decision as to whether information should be made public.
3.3. If the appeal succeeds, then the information requested shall be issued.
3.4. If the appeal fails then a new request may not be made for two weeks after for the same information.

Article 4: Government Logs and Updates

1. All ministers, as defined in the Constitution, shall be mandated to publish a public update on their fulfillment of duties every two weeks.
1.1. The update must contain: what has been completed, what is currently being worked on, what remains to be done, and a summary.
1.2. Failure to perform these duties within 3 days of two weeks passing shall be considered nonfeasance.

2. The Prime Minister must release a public Progress Report on their administration's progress once a month which must contain a summary of what the government has done, what the government plans to do, and what the government is currently working on.
2.2. Failure to perform these duties shall be considered nonfeasance.

Article 5: FoIA Request Logs

1. The Minister of Communications must keep a record of all FoIA Requests in a publicly accessible location.
Title: Re: House Bill X: Freedom of Information Act (Revised)
Post by: Caduceo on August 17, 2020, 08:45:40 am
I hereby sign this Bill
Title: Re: House Bill X: Freedom of Information Act (Revised)
Post by: Renegalle on August 29, 2020, 12:43:11 am
Title: Re: House Bill X: Freedom of Information Act (Revised)
Post by: Suter on August 31, 2020, 08:45:36 pm
House Bill 52
Title: Re: House Bill 52: Freedom of Information Act (Revised)
Post by: Tigslarlowducken on December 27, 2020, 10:08:57 pm
I hereby declare this law in abeyance pending judicial review.