Freedom of Information Act (FOIA)

Last Updated - 23/08/24

Preamble

  • In recognition of the principles of transparency, accountability, and the public's right to access information, this legislation establishes the Freedom of Information Act (FOIA) for the State of San Andreas. The purpose of this Act is to ensure that the residents of San Andreas have the right to obtain information about the workings of their government, thereby promoting open governance and fostering trust between the public and the state.

Section 1: Title and Scope

  • This Act shall be known as the "San Andreas Freedom of Information Act" (SA-FOIA).

  • The provisions of this Act apply to all public agencies, departments, and officials within the State of San Andreas, including law enforcement, judicial, executive, and legislative branches.

Section 2: Definitions

Public Agency

  • Any government entity, department, or office at the state or municipal level that engages in official functions, including law enforcement agencies, the judiciary, and legislative bodies.

Public Record

  • Any document, electronic file, audio, video, or other material, regardless of physical form or characteristics, that is produced, received, or maintained by a public agency in the course of its official duties.

Requester

  • Any individual or entity seeking access to public records under the provisions of this Act.

Exempt Information: Information that is not subject to disclosure under this Act due to privacy, security, or legal reasons as defined in Section 5.

Right to Access Information

  • Every person in the State of San Andreas has the right to request access to and obtain copies of public records from any public agency, subject to the exemptions provided in this Act.

  • Requests for information may be made in writing or electronically, specifying the records sought with reasonable clarity.

  • Public agencies are required to acknowledge receipt of the request within 24 hours from the time the request is made. Public agencies must respond to FOIA requests within a maximum of 72 Hours from receipt of the request. This response may include the provision of the requested information, a denial based on exemptions, or an explanation of any delay, which must not exceed an additional 48 Hours days.

Section 4: Procedures for Requesting Information

  • Submission of Requests: Requests for public records must be directed to the designated FOIA officer or public records custodian of the relevant agency.

  • Denial of Requests: If a request is denied, the agency must provide a written explanation citing the specific exemption under this Act that justifies the denial.

  • Appeals: Requesters may appeal a denial of access to public records to the Chief Justice of the Supreme Court of San Andreas, who shall review the matter and issue a ruling within 48 hours of the appeal.

Section 5: Exemptions

  • The following categories of information are exempt from disclosure under this Act:

  • Personal Privacy: Information that would constitute an unwarranted invasion of personal privacy, including medical records, personnel files, and similar information.

  • Law Enforcement and Public Safety: Information that could compromise law enforcement investigations, reveal confidential informants, or endanger public safety.

  • Attorney-Client Privilege: Communications protected by attorney-client privilege or other legal privileges.

  • National Security and Public Order: Information that, if disclosed, could compromise national security, state security, or public order.

  • Deliberative Process: Records that reflect the deliberative process of public agencies, including draft documents and internal communications.

Section 6: Enforcement and Penalties

  • Any public agency that fails to comply with the provisions of this Act may be subject to legal action in the courts of San Andreas.

  • Public officials who willfully withhold information or obstruct access to public records in violation of this Act may be subject to disciplinary action, including fines, suspension, or dismissal.

Section 7: Effective Date

  • This Act shall take effect immediately upon its passage and approval by the Governor of San Andreas.

  • All public agencies within the State of San Andreas are required to comply with this Act and make the necessary adjustments to their Immediately upon enactment.

Section 9: Severability

  • If any provision of this Act is found to be unconstitutional or otherwise invalid, the remaining provisions shall remain in full force and effect.

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