[Failed] The FoI Simplification Act

Tinhampton

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tinhampton
Section 7.4, Clause 21 of the Legal Code requires that no player's "name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts[,] health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information" be disclosed in an FoI request. (Similar requirements appear in Section 5.5, Clause 27 regarding Security Council disclosures.) I do not see the point in keeping these examples in law - which effectively rule out the nonconsensual disclosure of (virtually) all IRL information about all NS players more substantiative or less trivial than "What is the player behind %%NATIONNAME%%'s favourite type of pasta?", which the government is coincidentally unlikely to have on record - when a blanket ban on revealing such information in the course of fulfilling an FoI request or a Security Council disclosure would both be shorter and much more clear-cut.

My proposed EARTHWORM FoI Simplification Act slims down the FoI Act by nearly 40% compared to its current state (including by removing repeated superfluous references to "the Delegate and the designated officers of the executive"); makes similar changes to the redaction requirements in Section 5.5, Clause 27; and removes a loophole at the start of Section 7 where legislation pertaining to executive government can be passed but not incorporated into the Legal Code, to bring its wording in line with the first clauses of Sections 5 and 6. Of course, feedback is welcome.

(P.S. Tagliatelle.)

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The FoI Simplification Act
The FoI Simplification Act:
§1: Section 7.4 of the Legal Code shall be struck out in its entirety and replaced as follows:
Section 7.4: Freedom of Information Act
20. For the purposes of this section:
  • "the government" refers to the Delegate and the Executive Officers, including the departments which they oversee,
  • "the responsible officers" shall refer only to the Delegate and the designated officers of the executive,
  • "personal information" is any real-life information about any NationStates player, whether or not currently playing NationStates, which that player has not explicitly consented to making public, and
  • "classified information" is that which would, upon being made public, jeopardize any ongoing military or intelligence operations; jeopardize the security of units and agents participating in them; or harm the diplomatic, military, or security interests of The North Pacific.
21. Notwithstanding any process for publication, no personal or classified information may be released.
22. A resident may at any time request that the responsible officers release any private government record, and the responsible officers must request and retrieve relevant information from the different departments of the government in response; save that such records must be relocated to the appropriate Declassified Archive visible to residents after one year.
23. Residents who do not receive the information described in the above clause for any reason not stated in law may file a request for it to the Court, where the responsible officers may present evidence to address any claim that said information is personal or classified.
24. Information appropriately not disclosed will be accepted as personal or classified, as appropriate, by a majority vote of the Court sitting as a three-member panel.
§2: Section 5.5, Clauses 26 and 27, of the Legal Code shall be amended to read as follows:
Section 5.5: Disclosure of Security Council Information
26. Private Security Council records that reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
27. Information eligible for declassification will be reviewed by the Vice Delegate and the Security Council. The review will redact any information that fits any of the below definitions:
  • Any real-life information about any NationStates player, whether or not currently playing NationStates, which that player has not explicitly consented to making public.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; jeopardize the security of units and agents participating in them, or harm the diplomatic interests, military interests, or security of The North Pacific.
  • Information that, upon being made public, would jeopardize Security Council operations in response to threats and attempted coups.
  • Comments made by previous members of the Security Council who are not able to consent to their comments being made public.
§3: In Section 7, Clause 1 of the Legal Code, the word "may" shall be struck out and replaced with the word "must".

Section 5.5: Disclosure of Security Council Information
26. Private Security Council records that reach one year of age will be relocated to the appropriate Declassified Archive visible to residents.
27. Information eligible for declassification will be reviewed by the Vice Delegate and the Security Council. The review will redact any information that fits any of the below definitions:
  • Any real-life information about any NationStates player, whether or not currently playing NationStates, which that player has not explicitly consented to making public. Real-life information about any NationStates player from which there is a risk of inferring that player's real-life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real-life information about any NationStates player from which there is a risk of inferring that player's real-life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
  • Information that, upon being made public, would jeopardize Security Council operations in response to threats and attempted coups.
  • Comments made by previous members of the Security Council who are not able to consent to their comments being made public.

[...]

Chapter 7: Executive Government

1. Any Law regulating the executive government officials of The North Pacific may must be listed in this chapter.

[...]

Section 7.4: Freedom of Information Act
20. For the purposes of this section "the government" refers to the Delegate and the Executive Officers, including the departments which they oversee.:
  • "the government" refers to the Delegate and the Executive Officers, including the departments which they oversee,
  • "the responsible officers" shall refer only to the Delegate and the designated officers of the executive,
  • "personal information" is any real-life information about any NationStates player, whether or not currently playing NationStates, which that player has not explicitly consented to making public, and
  • "classified information" is that which would, upon being made public, jeopardize any ongoing military or intelligence operations; jeopardize the security of units and agents participating in them; or harm the diplomatic, military, or security interests of The North Pacific.
21. For the purposes of this section, classified information is that which fits any of the below definitions:

  • Real life information about any NationStates player from which there is a risk of inferring that player's real life identity and which has not willingly been disclosed to the public, including, but not limited to, an individual's name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts, and other knowledge about a player, unless the player in question provides explicit consent for this information not to be considered private.
  • Real life information about any NationStates player for which there exists a reasonable real life expectation of privacy or discretion, including, but not limited to, health status, both mental and physical; financial status; personal tragedies; changes in personal status such as marriage, divorce, pregnancy, birth, or death; and other similar information, unless the player in question provides explicit consent for this information not to be considered private.
  • Information that, upon being made public, would jeopardize any ongoing military or intelligence operations; or jeopardize the security of units and agents participating in them, or be harmful to the diplomatic interests, military interests, or security of The North Pacific.
22. 21. Notwithstanding any process for publication, any information which meets the criteria to be classified will not no personal or classified information may be released.
23. 22. A resident may at any time request that the responsible officers release any private government record, and the responsible officers must request and retrieve relevant information from the different departments of the government in response; save that such records must Private government records which reach one year of age will be relocated to the appropriate Declassified Archive visible to residents after one year.
24. At any time a resident may request the release of any private record from the Government through the Delegate and the designated officers of the Executive.
25. The Delegate and the designated officers of the Executive will retrieve information requested from the different departments of the government.
26.
23. Residents who do not receive this information for any reason not specifically designated in appropriate laws or regulations the information described in the above clause for any reason not stated in law may file a request for the information it to the court, where the Delegate and the designated officers of the Executive responsible officers may present evidence that addresses to address any claim that release of the information meets one or more of the acceptable criteria for classification said information is personal or classified.
27. 24. Information appropriately not disclosed will be accepted as personal or classified, as appropriate, by a majority vote of the Court sitting as a three-member panel.
 
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Those clauses prevent Personal information that may come up in private conversation from being published for anyone to see. For example, If I inform the Security Council that i will have limited availbility for a few days because I am having a mastectomy, that information servers no regional purpose in being disclosed by the Security Council to the region. It is a private matter that I shared to keep the SC informed of why I will not necessary be available to perform my duties fully, instead of just being inactive and no one knowing why.
 
FOI needs reforming and there is definitely scope for changing the law in this area. I'm not sure these changes are that good though, and don't address any of the previously expressed concerns with FoI in the region.

I'm also against this due to the stupid name of the act.
 
I love the name of the act, but that is not enough to get me to vote for it. Rather, I agree with MadJack that while the scope of FOI law needs reform, this isn't it.
 
The Speaker may renumber any number of clauses mutatis mutandis to reflect the changes made by this Act.

I'll just add that to my supply of boilerplate clauses for writing legislation...
 
I'll just add that to my supply of boilerplate clauses for writing legislation...
It's not needed - see the preamble of the Legal Code:
In order to present a clearer and more comprehensible legal system, the Regional Assembly undertakes to keep the law of the North Pacific organized and clear. This Code will be divided into several Chapters, which may contain Sections. Clauses must be numbered consecutively within a Chapter beginning with the number 1. Clauses may have subclauses in the form of letters in the event that a list must be referenced in the clause. Clauses may be referenced by chapter, clause number, and if applicable sub-clause letter, but clause numbers and sub-clause letters will not be considered part of the law, nor will they have any legal effects. The Speaker will manage the numbering of clauses in accordance with the above requirements.
 
Those clauses prevent Personal information that may come up in private conversation from being published for anyone to see. For example, If I inform the Security Council that i will have limited availbility for a few days because I am having a mastectomy, that information servers no regional purpose in being disclosed by the Security Council to the region. It is a private matter that I shared to keep the SC informed of why I will not necessary be available to perform my duties fully, instead of just being inactive and no one knowing why.
I agree. The main effect of this act would be to clarify that no personal information about anybody on NS may be distributed through an FoI request, or via the disclosure of Security Council records, without their consent (not just information concerning their "name, IP address, physical address or location, phone number, place of employment or education, appearance, social media accounts[,] health [or] financial status; personal tragedies; changes in personal status... and other similar information") - or, at least, to do so in fewer words. The non-main effect is to squish Section 7.4, Clauses 23-25 of the Code down into a single clause :P

FOI needs reforming and there is definitely scope for changing the law in this area. I'm not sure these changes are that good though, and don't address any of the previously expressed concerns with FoI in the region.

I'm also against this due to the stupid name of the act.
The EARTHWORM Act is not intended to constitute comprehensive FoI reform, and I have never pretended that it is such; see above response to Dreadton. Also thanks lol :P

Can you be so kind as to provide a markup version? Thanks.
done <3

It's not needed - see the preamble of the Legal Code:
Snipped.
 
I am still interested in this bill. (Not motioning for vote at this stage. My apologies if bumping is not proper behaviour in the Assembly :P)
 
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Does anybody have any more thoughts on my bill?
Change the name to make it actually reflect what it aims to do. And nix the acronym.

And use the in and out tags for markup.
 
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Bill name changed from the Eliminating Annoying Red Tape so the Happiness of Workers Overseeing our Region is Maintained (EARTHWORM) Act. I have made one change, to propose that the title of Section 5.5 be updated to include a colon... pedantic, I know, but needs must :P

If everybody else likes this, I'll motion for vote soon (ATTN ORACLE: NOT YET).
 
Given the tine that has passed between the motion of the vote and now, I am going to open the vote in 24 hours, unless there are objections to this.
 
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