Jeonju
16-05-2006, 16:12
FREEDOM OF INFORMATION ACT (F.O.I.A)
RECOGNIZING the need to foster democracy by ensuring public access to government agency records and information in all member nations;
OBSERVING that the F.O.I.A is a valuable means through which any person can learn how their Government operates;
UNDERSTANDING that the F.O.I.A may lead to the disclosure of waste, fraud, abuse, and wrongdoing in the member governments;
AWARE that the F.O.I.A may lead to the identification of unsafe consumer products, harmful drugs, and serious health hazards.
Section 1
(1)Agency, as a term used in this resolution, includes any Government department, military department, Government corporation, Government controlled corporation, or any independent regulatory agency.
(2)Record, and any other term used in this resolution in reference to information includes any information maintained by an agency in any format.
Section 2
Each Government agency will make publicly available upon request, the following forms, records and shall uphold policies including;
(1)A description and index of major information and record locator systems maintained by the agency; and
(2)Final opinions, including concurring and dissenting opinions, maintained or otherwise held by the agency
(3)(a)Records will be provided by each agency for a fee to be determined by each member nation and;
(b)Fees will not exceed the cost incurred by the agency pursuant to the search and duplication of such records.
(4)(a)Agency will determine within twenty days after receiving any such request whether to comply with or deny such request and will promptly notify the person making such request of this determination and;
(b)Upon determination by an agency to deny a request, state reasons for such denial of records.
(c)Upon determination by an agency to comply with a request for records, the records will be made promptly available to such person making such request.
(d)Refusal by a person to reasonably modify or reduce the scope of a request, after being given the opportunity to do so, will be considered grounds for denial of such request.
(5)All portions of a record will be provided to any person requesting such record after deletion of the portions which are exempt under Section 3. The amount of information deleted will be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemptions in Section 3.
Section 3
The F.O.I.A will provide access to all Government agency records (or portions of records) except those protected from release by six specific exemptions.
(1)(a)Documents and records specifically authorized under criteria established by government order to be kept secret in the interest of national defense or foreign policy and;
(b)Are in fact properly classified pursuant to such government order.
(2)Records or other information that, if released to the public, would compromise the integrity of an ongoing criminal investigation.
(3)Documents related solely to the internal personnel rules and practices of an agency.
(4)Trade secrets and commercial or financial information, which are privileged or confidential;
(5)Personnel and medical files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(6)Records contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.
Co-Authored by Jey
RECOGNIZING the need to foster democracy by ensuring public access to government agency records and information in all member nations;
OBSERVING that the F.O.I.A is a valuable means through which any person can learn how their Government operates;
UNDERSTANDING that the F.O.I.A may lead to the disclosure of waste, fraud, abuse, and wrongdoing in the member governments;
AWARE that the F.O.I.A may lead to the identification of unsafe consumer products, harmful drugs, and serious health hazards.
Section 1
(1)Agency, as a term used in this resolution, includes any Government department, military department, Government corporation, Government controlled corporation, or any independent regulatory agency.
(2)Record, and any other term used in this resolution in reference to information includes any information maintained by an agency in any format.
Section 2
Each Government agency will make publicly available upon request, the following forms, records and shall uphold policies including;
(1)A description and index of major information and record locator systems maintained by the agency; and
(2)Final opinions, including concurring and dissenting opinions, maintained or otherwise held by the agency
(3)(a)Records will be provided by each agency for a fee to be determined by each member nation and;
(b)Fees will not exceed the cost incurred by the agency pursuant to the search and duplication of such records.
(4)(a)Agency will determine within twenty days after receiving any such request whether to comply with or deny such request and will promptly notify the person making such request of this determination and;
(b)Upon determination by an agency to deny a request, state reasons for such denial of records.
(c)Upon determination by an agency to comply with a request for records, the records will be made promptly available to such person making such request.
(d)Refusal by a person to reasonably modify or reduce the scope of a request, after being given the opportunity to do so, will be considered grounds for denial of such request.
(5)All portions of a record will be provided to any person requesting such record after deletion of the portions which are exempt under Section 3. The amount of information deleted will be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemptions in Section 3.
Section 3
The F.O.I.A will provide access to all Government agency records (or portions of records) except those protected from release by six specific exemptions.
(1)(a)Documents and records specifically authorized under criteria established by government order to be kept secret in the interest of national defense or foreign policy and;
(b)Are in fact properly classified pursuant to such government order.
(2)Records or other information that, if released to the public, would compromise the integrity of an ongoing criminal investigation.
(3)Documents related solely to the internal personnel rules and practices of an agency.
(4)Trade secrets and commercial or financial information, which are privileged or confidential;
(5)Personnel and medical files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(6)Records contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.
Co-Authored by Jey