Freedom of Information Act 2 (BFOIA)

This matter has been repealed, voided, or is otherwise out of date

Repealed by Why Do We Have Two FOIA Acts Repeal 2025 passed and signed 27 December 2025.

Passed by the Senate and signed by the President on the 3rd of 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the original Freedom of Information Act has an outdated formatting, needs some updates, and includes some parts that are not utilized.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.

Freedom of Information Act 2 (BFOIA)

Article 1: Repeals

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§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 The Freedom of Information Act shall be repealed in its entirety.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.

Notes

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