Freedom of Information Act
This matter has been repealed, voided, or is otherwise out of date
<ref name="secret">Securing Expanded Confidentiality in Reports Evidence and Transmissions Act</ref>
Freedom of Information Act
FOIA2<ref name="foia2" /> passed and signed on 3 June 2025.
Preamble:
First and Foremost, a huge thank you to ppatpat (pat2pat) for writing the original Freedom of Information Act (as much of this act just echoes that one) and for the benefits it has brought to SimDemocracy.
Whereas the original Freedom of Information Act has an outdated formatting, needs some updates, and includes some parts that are not utilized.
As per a provision in the Freedom of Information Act:
- “The provisions of this Act shall be reviewed every five Senate cycles to ensure its effectiveness and alignment with democratic principles.”
The general core and much of the act stays the same, just with some minor updates and better formatting.
Article 1: Repeals
<ref name="foia2" />§1. The Freedom of Information Act shall be repealed in its entirety.
Article 2: Freedom of Information
§1. 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 government agencies and entities.
- §1.1. "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.
§2. Citizens may submit a Freedom of Information (FOI) request to the relevant public body by sending the request to them through official and public means on the SimDemocracy Discord server, providing the specific records being requested, and the name of the receiver of such information.
§3. A public body must certify to the requester that they have seen the request within 48 hours of its posting.
§4. 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 this act. 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
§1. The following shall be exemptions to the disclosure of records under the Freedom of Information Act.
- §1.1. Records classified to protect national security, public safety, the personal safety of individuals, or law enforcement investigations are exempt from disclosure.
- §1.2. Records containing personal data that would constitute an unwarranted invasion of privacy are exempt from disclosure.
- §1.3. Internal communications, drafts, or records related to ongoing judicial deliberations and judicial records which may compromise the administration of justice or violate court confidentiality are exempt from disclosure.
- §1.4. Proprietary business information submitted to the government in confidence is exempt from disclosure.
- §1.5. Records related to Senate deliberations, unless explicitly made public, are exempt to preserve legislative independence.
- §1.6. Records where disclosure would breach the legal obligations of the government.
Article 4: FOIC
§1. The Freedom of Information Committee (FOIC) shall be created under the SimDemocracy Independent Oversight Authority (SDIOA) which shall be tasked with reviewing FOI disputes.
§2. The FOIC shall include the Independent Ombudsman and up to two SDIOA employees chosen by the Independent Ombudsman.
- §2.1. 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, or currently running for any office.
§3. Current members of the FOIC will be granted access to confidential information that is relevant to appeals and disputes in the FOIA.
§4. Citizens may appeal a denial of an FOI request to the Freedom of Information Committee.
- §4.1. 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.
- §4.2. If a requester or a public body disputes the FOIC’s decision, they may seek judicial review in the SimDem Judiciary.
§5. Public officials who knowingly and willfully withhold non-exempt records or fail to comply with this act should be removed from all government positions and shall qualify under the civil tort of Violation of Civil Rights.
Repealed <ref name = "foia2">Freedom of Information Act 2</ref> 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.<ref name="FOIACA">Amended by the Freedom of Information Act Clarification Act</ref>
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.<ref name="FOIACA"></ref>
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.<ref name="FOIACA"></ref>
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.