mcmasterdonia:
Great Bights Mum:
While understanding the desire for more oversight with respect to the NPIA, I am not in favor of the means used to achieve it in this proposal.
Should the Court have access to NPIA files? Hmmm... this court I like. But future courts? I can tell you some of those past ones were doozies. For example, while Gracius Maximus was a more than competent Chief Justice, he was definitely not the one we'd want mucking around in our state secrets. Having seen periods of time when TNP didn't even field 3 candidates for the bench, various judges wander off, and the appointment of random hearing officers who happened by at the right time, I don't think it's wise to rely on the judiciary to protect our most sensitive information.
My thoughts on the matter as well.
I think the Security Council should be involved. The courts turnover very quickly and I'm not sure I think that they should be entirely privy to this sort of information. I like the idea of Punk's suggestion, that three of the more senior members of the Security Council to consider the information etc.
One of the key concerns however is that we don't want the oligarchy argument being brought up and dragged out for another 3 months every time information is requested. I'm not sure how we can legislate to prevent that.
More comprehensive legislation is needed on this matter. As such I agree with Gaspo, that there would need to be clearer requirements about what information should be released and under what circumstances etc.
I also completely agree.
This would, as GBM suggests in a round-about way, the NPIA needs to have certain exemptions concerning FOIA requests. That doesn't mean total exemption, but exemption should be based upon the following criteria and amended as such in the TNP Legal Code as part of the FOIA:
I -
The Freedom of Information Act for NPIA (and government in general) should entitle the following exemptions on documents being requested by the "public":
1.) Those documents properly classified as secret in the interest of regional defense or foreign policy;
2.) Related solely to internal personnel rules and practices;
3.) Specifically exempted by other statutes;
4.) Privileged or confidential information obtained from a person;
5.) A privileged inter-agency or intra-agency memorandum or other communication;
6.) A personnel file or other information the release of which would constitute a clearly unwarranted invasion of personal privacy;
II -
Documents compiled for intelligence or law enforcement purposes, the release of which
1.) could reasonably be expected to interfere with law enforcement proceedings,
2.) would deprive a person of a right to a fair trial or an impartial adjudication,
3.) could reasonably be expected to constitute an unwarranted invasion of personal privacy,
4.) could reasonably be expected to disclose the identity of a confidential source,
5.) would disclose techniques, procedures, or guidelines for investigations or prosecutions, or
6.) could reasonably be expected to endanger an individual's life or physical safety;
7.) Contained in or related to examination, operating, or condition reports about institutions or organizations that the Security Council or NPIA regulates or supervises; or
8.) And those documents containing exempt information about intelligence operations in general.
This is a standard type of FOIA exemption protocol that any intelligence or governmental agency would use. Simple, logical, effective and reasonable by all standards.
