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[Proposal] Freedom of Information Act (2020) - Printable Version

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[Proposal] Freedom of Information Act (2020) - New Rogernomics - 02-22-2020

Freedom of Information Act (2020)

Proposed by: @"New Rogernomics"

Preamble

This act will set forth the general procedure for private information being released to the public.

Section 1. Freedom of Information Requests

(1) Preceding Definitions:

a. Requesting entities are described as individuals, groups, and organizations, as well as foreign or local media,
b. Relevant officials imply the Assembly Speaker, the Prime Minister, or the Delegate and Vice-Delegate, where they have jurisdiction. 

Section 2. Request Procedure

(1) Requesting entities must post a request, with reason(s) for the request, and the preferred date of release:

a. Once a request is received it shall be processed within a timely manner not exceeding 72 hours,
b. Requesting entities that are citizens need not file a request to quote non-personally identifiable information.

(2) Requests may declined or information omitted for the following reasons:

a. Sensitivity of the information requested, inclusive of regional security and online privacy,
b. Too broad a scope of a request, inclusive of requiring an undue burden of information,
c. Release of the information would break existing laws or treaty obligations.

Section 3. Permitted Release of Information

(1) Requests for release official documents or discussions, may be permitted so long as:

a. They have been cleared for release by the relevant officials, and forum and discord administration,
b. The request is for a general overview of a discussion or document, where if it is of a sensitive nature.

(2) Requesting entities may request or quote non-personally identifiable information, which shall include:

a. How many have voted for a candidate or proposal, during or after the vote was held,
b. Analysis of public feelings surrounding a proposed law, treaty, or candidate.

(3) Private communication may be released, if the parties consent, within reason.

Section 4. Acknowledgment of the Criminal Code

(1) Not following this process to release private information may permit legal sanction under the Criminal Code of Lazarus. 

[spoiler=First Draft]
Freedom of Information Act (2020)

Proposed by: @"New Rogernomics"

Preamble

This act will set forth the general procedure for private information being released to the public.

Section 1. Freedom of Information Requests

(1) Preceding Definitions

a. Requesting Entities are described as individuals, groups, and organizations, as well as foreign or local media.  

(2) Requesting Entities may request information held in privately viewable areas of off-site property:

a. This shall include all areas of off-site property, excluding private messages if unauthorized to release by the parties involved.

Section 2. Request Procedure

(1) Requesting Entities must post a request to the designated forum topic:

a. This request shall include the reason(s) for the request, what information is requested, and the preferred date of release,
b. Once a request is received it shall be processed within a timely manner not exceeding 72 hours,
c. If the information requested does not pertain to the Assembly, the Assembly Speaker will notify the parties involved,

(2) Notification of parties shall be by posting in a designated forum topic or by private messaging:

a. In the case of cabinet information, it shall be to the Prime Minister,
b. In the case of the Council of Lazarene Security, it shall be to the Vice Delegate,
c. In the case of Court, it shall be to a justice of the Court of Lazarus.

(3) If the parties agree to release the information without delay, it shall be released within 72 hours or at such time it has been requested for release, where possible.

(4) If the parties do not agree to a full release, they must provide reasoning in the designated forum topic for declining the request or for any redaction(s) of information:

a. Appropriate reasoning shall include personal information at risk, general refusal of consent by the parties involved, or refusal of consent by a foreign entity in relation to a treaty in process of negotiation. 

(5) If a request has been made for the same private information, the first request shall take precedence as to not overburden authorities with requests.

Section 3. Appeals Process

(1) If a request is rejected it may be appealed to the Court of Lazarus where:

a. It relates to reasons of personal information at risk or general refusal of parties involved.

(2) The Court of Lazarus shall be empowered to decide the general procedures of this process:

a. It shall decide the number and scope of appeals that are permitted for a specific request,
b. It may order private information released or released with redaction(s), upon a successful appeal, within 72 hours,
d. It may uphold the refusal, in which case if another requesting entity makes a request for the same information it may result in an automatic refusal.

Section 4. Exceptions

(1) Off-Site Administration and the Assembly Speaker may also decline a freedom of information request or redact information when:

a. Releasing said information may cause OOC risks to persons or the region, such as imperiling their safety or privacy.

(2) Private Messages may be released upon approval by the Vice-Delegate, Assembly Speaker or Prime Minister, if the parties involved in the conversations agree to release the requested information.*

Section 5. Acknowledgment of the Criminal Code

(1) Not following this process to release private information may permit legal sanction under the Criminal Code of Lazarus. 

*Note: Vice-Delegate chairs the CLS, Assembly Speaker chairs the Assembly, Prime Minister chairs/decides the Cabinet, so that's why these are specifically mentioned.[/spoiler]

RE: Freedom of Information Act (2020) - Capercom - 02-22-2020

So the only way to process a request for a Lazarus FOIA is by signing up for the forums? As in, if you aren't in the forums, you cannot request a FOIA? Do you have to go through and submit your applications for your intentions of the server/region, etc before you have permissions to post a FOIA request, or is that folder open to anyone who created a fresh account with 0 posts?

RE: Freedom of Information Act (2020) - New Rogernomics - 02-22-2020

Capercom;8447 Wrote:So the only way to process a request for a Lazarus FOIA is by signing up for the forums? As in, if you aren't in the forums, you cannot request a FOIA? Do you have to go through and submit your applications for your intentions of the server/region, etc before you have permissions to post a FOIA request, or is that folder open to anyone who created a fresh account with 0 posts?

Someone would only need to register a forum account or put the request through someone else who has one.

We don't require visitors to submit an application to have an account, and we only do the Foreign VIP one for record keeping purposes. 

There would be no restriction on who can request, except perhaps folks actually banned from the forum for OOC reasons, which is covered in Section 4 and the mandate.

If you are asking how an in-game only person would make a request, then that could be permitted pretty easily by having folks in-game who can receive applications by telegram and post them on the forum for third parties.

RE: Freedom of Information Act (2020) - Debussy - 02-22-2020

In Section 2. subsection (2) there should be a way to request the delegate for information in cases that don't pertain to anything outlined.

Can we get a designated forum written into the law instead of different forum topics that will need to be found all over the forum?

Why does the court decide appeals? How many appeals can happen before a panel of 3?

RE: Freedom of Information Act (2020) - New Rogernomics - 02-23-2020

Debussy;8450 Wrote:In Section 2. subsection (2) there should be a way to request the delegate for information in cases that don't pertain to anything outlined.

Can we get a designated forum written into the law instead of different forum topics that will need to be found all over the forum?

Why does the court decide appeals? How many appeals can happen before a panel of 3?

Putting a designated forum in the act would be unconstitutional i.e. compelling creation of a sub forum by admins, and a bit unnecessary as admins don't need an act to create a sub forum nor has there been a case where a request to do so was outright refused.

As for the Delegate by the Mandate they can't be compelled to state why they refused someone citizenship or appointed someone to the CLS beyond the official reason they provided. It would be a bit of a redundant request, as the reason is stated in the appointment post or in case of citizenship in the citizenship thread.

The court would cover appeals, as they are allowed to interpret laws, and decide legal matters. It would have to be on a case by case basis how many appeals are granted as well, which the court can decide.

RE: Freedom of Information Act (2020) - Debussy - 02-23-2020

I know the court can decide it. I'm asking how many appeals are reasonable when those appeals appear before the same panel of 3? The legislature has the power to decide the process of appeals too - even granting the case by case freedom to the court.

On the subforum, even if its unconstitutional, can the admins do it for the sake of organization?

RE: Freedom of Information Act (2020) - New Rogernomics - 02-23-2020

Debussy;8454 Wrote:I know the court can decide it. I'm asking how many appeals are reasonable when those appeals appear before the same panel of 3? The legislature has the power to decide the process of appeals too - even granting the case by case freedom to the court.

On the subforum, even if its unconstitutional, can the admins do it for the sake of organization?
If we were to set a number of appeals, then more than two would be overkill. That's assuming one of the requests was messed up or needed to be refined.

There is nothing in the act that states the thread can't be in it's own forum section, so yes it would likely be in its own sub forum.

RE: Freedom of Information Act (2020) - Debussy - 02-23-2020

There is no way to direct the creation of that forum without it being unconstitutional?

RE: Freedom of Information Act (2020) - temmi - 02-23-2020

hmm, I think it would be better if any request for that sort of sensitive information would have to be made publicly on the forum or discord by the person requesting it. I think it's important that there's transparency for the citizens when it comes to people requesting private information that might involve them and the person granting that information. I don't think a private message to one person that oversees that department is good. Also, maybe it should be strictly defined as far as what type of information can be requested and what can't. I know there is a clause about redacting OOC information/denying a request for that, but it seems like that is solely up to the person granting the information to do. It would be safer if things like anything OOC like RL names, locations, email addresses, pictures etc. be protected from being requested in the act.

RE: Freedom of Information Act (2020) - Zapatian Workers State - 02-23-2020

The only concern I have is that this risks the possibility of overburdening the court in the event of a deluge of appeal requests from both citizens and non-citizens about various topics. Still, short of dismissing the very notion of an appeals process, which I am not in favor of, I don't see how this could be rectified.