Freedom of Information Act

SimDem Freedom of Information Act (FOIA)

Chief Archivist Ferris' notes: The formatting on this was very odd and I couldnt convert it into the standard format without losing information so I have just turned it into the mediawiki format

Preamble

In recognition of the right of all citizens to access information about the workings of their government, and to promote transparency, accountability, and informed participation in SimDemocracy, this Act establishes procedures for requesting and obtaining access to government records. It balances this right with the need to protect national security, individual privacy, and the integrity of government operations.

Article 1: Right to Access Information

Section 1. General Provisions

Repealed

All citizens of SimDemocracy have the right to request access to records and documents held by public bodies, subject to the exemptions outlined in this Act. This Act applies to all branches of government, including the Executive, the Senate, and the Judiciary, as well as publicly funded agencies and entities.

All citizens of SimDemocracy have the right to request access to records and documents held by public bodies, subject to the exemptions outlined in this Act. This Act applies to the Executive, the Senate, and the Judiciary, as well as publicly funded agencies and entities.

Section 2. Definition of Records

"Records" include all written, electronic, or recorded information held by public bodies, including emails, reports, meeting minutes, policy documents, and financial records. Personal correspondence or records unrelated to official duties are excluded.

Article 2: Process for Requesting Information

Section 1. Submission of Requests

Citizens may submit a Freedom of Information (FOI) request to the relevant public body by completing a standard FOI form, either electronically or in writing. FOI requests must clearly describe the records sought to allow for efficient processing.

Section 2. Response Time

Repealed

Public bodies must respond to FOI requests within 15 calendar days of receipt, either by providing the requested information or explaining why the request cannot be fulfilled under the exemptions outlined in Article 3. Extensions of up to 10 additional days may be granted for particularly complex or voluminous requests, with written notice provided to the requester.

Public bodies must respond to FOI requests within 7 calendar days of receipt, either by providing the requested information or explaining why the request cannot be fulfilled under the exemptions outlined in Article 3. An extension of up to 3 additional days may be granted for particularly complex or voluminous requests, with written notice provided to the requester.

Article 3: Exemptions to Disclosure

Section 1. National Security and Public Safety

Records classified to protect national security, public safety, or law enforcement investigations are exempt from disclosure.

Section 2. Personal Privacy

Records containing personal data that would constitute an unwarranted invasion of privacy are exempt unless the public interest in disclosure outweighs the privacy concerns.

Section 3. Deliberative Process and Decision-Making

Internal communications, drafts, or records related to ongoing deliberations are exempt to preserve the integrity of the decision-making process.

Section 4. Trade Secrets and Commercial Information

Proprietary business information submitted to the government in confidence is exempt from disclosure.

Section 5. Legislative Privilege

Records related to Senate deliberations, unless explicitly made public, are exempt to preserve legislative independence.

Section 6. Judicial Records

Judicial records are exempt if their disclosure would compromise the administration of justice or violate court confidentiality.

Article 4: Appeals and Oversight

Repealed

Section 1. Right to Appeal

Citizens may appeal a denial of an FOI request to the SimDem Oversight and Accountability Office (SOAO), an independent body tasked with reviewing FOI disputes.

Section 2. Oversight Body Responsibilities

The SOAO shall investigate complaints, mediate disputes, and issue binding decisions regarding the release of records. The SOAO must provide a resolution within 30 calendar days of receiving an appeal.

Section 3. Judicial Review

If a requester or a public body disputes the SOAO’s decision, they may seek judicial review in the SimDem Judiciary.

Section 1. The Freedom of Information Committee

The Freedom of Information Committee (FOIC) under The SimDem Independent Oversight Authority (SDIOA) shall be tasked with reviewing FOI disputes.

The FOIC shall include the Independent Ombudsman and up to two SDIOA employees chosen by the Independent Ombudsman, who must be confirmed by a majority vote in the senate.

Individuals within the FOIC must not concurrently be: -The president or vice president. -A sitting member of the cabinet or the head of a division in an Executive branch department. -A member of the judiciary. -A current Senator. -Currently running for any office.

Current members of the FOIC will be granted access to confidential information that is relevant to appeals and disputes in the FOIA.

An individual within the FOIC shall be paid a weekly salary of 100 tau.

Section 2. Right to Appeal

Citizens may appeal a denial of an FOI request to the Freedom of Information Committee.

The FOIC shall investigate appeals, mediate disputes, and issue binding decisions regarding the release of records under the FOI requests. The FOIC must provide a resolution within 7 calendar days of receiving an appeal and provide explanation for their ultimate decision involving the appeal.

Section 3. Judicial Review

If a requester or a public body disputes the FOIC’s decision, they may seek judicial review in the SimDem Judiciary.

Article 5: Proactive Transparency

Section 1. Proactive Disclosure

Public bodies must publish the following information proactively on their volition:

Budgets, expenditures, and financial reports. Meeting agendas and minutes, except for classified or confidential discussions. Policies, regulations, and procedural guidelines. Annual FOI request statistics, including the number of requests received, processed, and denied.

Section 2. Accessibility

All publicly disclosed records must be made available in accessible formats and centralized in a public information portal.

Article 6: Penalties for Non-Compliance

Section 1. Accountability for Non-Compliance

Public officials who knowingly and willfully withhold non-exempt records or fail to comply with this Act shall be subject to administrative penalties, including fines or suspension.

Section 2. Whistleblower Protection

Government employees who disclose information in good faith about violations of this Act or other unlawful government actions shall be protected from retaliation.

Article 7: Implementation and Review

Section 1. Effective Date

This Act shall take effect 21 days after passage.

Section 2. Periodic Review

The provisions of this Act shall be reviewed every five Senate cycles to ensure its effectiveness and alignment with democratic principles.