Law:Transparency and Protection Act
Debate:Transparency and Protection Act
48RZ25, Transparency and Protection Act
 FAILED TO PASS |
Ziu 48th Clark 5th
Uréu q'estadra så: Alexandreu Davinescu, Éovart Grischun |
 Cosă: FAILED |
| Per 60 — Con 87 — Aus 11 |
 Senäts: FAILED |
| Per 2 — Con 3 — Aus 1 |
L'Anuntziă dels Legeux |
View Clark Result |
WHEREAS it can be extremely difficult to obtain information from the Government in accordance with Lex.D.8, and
WHEREAS that entire bit of the law is also rather difficult to read and follow, and
WHEREAS the issue of privacy and government transparency are both really important in a democratic system of law, and need to be protected in a clear and easily-understood manner,
THEREFORE the eighth section of Title D of el Lexhatx, which currently reads:
8. The government of the Kingdom of Talossa has the duty and responsibility to make public information about and held by the government's cabinet ministries and sub offices within the guidelines set below: (40RZ9)
8.1. Information Available for Request 8.1.1. A citizen may only request access to information that has been recorded on paper, computer file, video file and/or audio file. Unrecorded opinion does not fall within the scope of this legislation. 8.1.2. A citizen may request information regarding the business of the government's executive offices and the government's cabinet ministries so long as the information being requested does not conflict with D.8.2 or D.8.3. 8.1.3. Leaders of political parties may access some personal contact details as set out in D.8.5. 8.2. Information Exempt from Request 8.2.1. The type of information not available for access is outlined as follows: 8.2.1.1. Records that are of a personal nature where the disclosure of such records would clearly infringe a citizen's individual privacy in accordance with the Sixth Covenant of Article XIX (Covenant of Rights and 10.2.1.2. Freedoms) of the 1997 Organic Law of the Kingdom of Talossa. This also includes private medical, counseling, or psychological records. 8.2.1.2 Records of a law enforcement or military agency only when the records meet one or more of the following criteria: 8.2.1.2.1. The records would identify informants or witnesses, 8.2.1.2.2. The records would identify undercover officers, 8.2.1.2.3. The records would provide personal information of officers or officer's family members, 8.2.1.2.4. The records would provide details of current operations or protocol. This includes details of communication codes and plans of deployment. 8.2.1.2.5. The records would endanger the life or safety of officers or officer's families if the information was disclosed. 8.2.1.2.6. The records are of an ongoing investigation. 8.2.1.2.7. Records that fall within the scope of medical practitioner - patient privilege, attorney - client privilege, religious figure privilege, or any and all current and future privilege recognized by Statutory Law, Organic Law or Cort Rule. 8.2.1.2.8. Records of security measures and records that would hinder the body's ability to maintain the physical security of custodial or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability. 8.2.1.3. Conversation logs that may be regarded as private may also be excluded from the scope of this legislation. 8.3. Burden of Proof 8.3.1. The burden of proof falls on the body that has been asked to disclose any and all requested information. The requester of the information does not have an obligation to provide an explanation for their request. 8.3.2. If a request for information is denied by the body then an explanation as to why the request has been denied must be given. 8.3.3. If a body fails to disclose requested information without a valid reason then the uppermost cort, or any other cort as set up by the Ziu, will reserve the right to force the body to disclose. 8.3.4. The Corts will also arbitrate cases in which a requester feels a given reason was not sufficient enough to deny the request. 8.4. Data Protection 8.4.1. Personal information such as, but not limited to, private mailing addresses, contact telephone numbers and private email addresses, given names, ages, date of births and national security numbers shall be held on file and shall only be accessed by the Secretary of State or The King without prior permission of the person to whom the information relates to. In all other instances permission must be obtained by the person to whom the personal information relates to. 8.4.2. The type of information and records described in D.8.4.1. above shall never be passed on to outside agencies for the purposes of data farming or market research. The details may be passed onto non-Talossan law enforcement agencies in the interest of international law enforcement and co-operation. 8.4.3. Personal Information described in clause 1 above shall never be published on any public website belonging to the Kingdom as an asset. 8.5. Information Available to Political Party Leaders 8.5.1. An Electorate Database shall be made available to political party leaders. 8.5.2. The Database shall only be accessible by leaders of parties which have been fully registered with the Chancery and provincial officers, provided the conditions in D.8.5 are met. 8.5.3. The Database shall contain the following information on each of the Kingdom's Citizens only: Name, Province, E-Mail address. 8.5.4. The E-Mail address of a citizen shall only be made available to party leaders if the citizen has opted-in to receive election communications 8.5.5. Measures shall be taken to ensure that the database is kept non-public and can only be viewed by the audience intended. 8.5.6. Additional information may be held upon the database against any given person ONLY if that person requests such information to be included. 8.5.7. Any citizen may request to opt-out of having their E-Mail address included in this database for any reason at any time by notifying the Chancery. 8.6. Information Available to Provincial Officers 8.6.1. Provincial officers may have access to part of the electoral database established by D.8.5, provided the following conditions are met: 8.6.1.1. The provincial officer is (partly) responsible for the conduct of provincial elections and needs the information in the database for the conduct of these elections. 8.6.1.2. Provincial law of the province for which the officer serves must actively allow the officer to have access to the information. 8.6.1.3. The provincial officer must send a request to the SoS for access to the information. The SoS may refuse the request if the conditions in 10.6. are not met. 8.6.1.4. The provincial officer will only get access to the information about the citizens of the province for which he is conducting the elections. 8.6.1.5. The provincial officer may not share the information with anyone not entitled to the information. 8.6.1.6. The provincial officer may use the information only for the conduct of provincial elections.
shall be replaced in full by:
8. The Government of the Kingdom of Talossa will have a duty of transparency to the people of the nation, so that citizens may hold their elected officials accountable.
8.1. A citizen may request at any time that the Seneschal, a Cabinet office, or any other sub-office or bureau provide any information held by the Government, including information about itself, information collected about others, information collected from others, statistical information collected by the Government, and transcripts of Government communications. The Government will not, however, notwithstanding the provisions of this section or any other section of el Lexhatx, provide any information which violates the privacy restrictions of D.9.
8.2. The Government will decline to provide this information if: 8.2.1. if doing so would identify informants or witnesses in a criminal investigation, 8.2.2. if the information would endanger an ongoing criminal investigation or judicial proceeding, 8.2.3. if the information would provide details as to current operations or protocol that might endanger the security of the nation, 8.2.4. if the information falls within the scope of a medical practitioner, attorney-client privilege (not extending to the Avocat-Xheneral in his official capacity), religious counseling, or any and all current and future privilege recognized under the law, or 8.2.5. if the information is in the form of a personal conversational log and has no bearing on official duties.
8.3. Any agency will have no more than ninety (90) days within which to make a decision on whether or not the requested information will be released. The burden of proof as to why the information will not be released falls on the body that has been asked to disclose any and all requested information; the requester of the information does not have an obligation to provide an explanation, motive, or justification for their request. 8.3.1. If a request for information is denied by any office or agency, a full written explanation as to why the request has been denied must be given to the requester. 8.3.2. A citizen may challenge the denial by submitting a petition to the Uppermost Cort, which will arbitrate the decision. The Government shall provide the requested information in private as the Cort directs and according to whatever rules it makes, to enable the Cort to make an informed decision.
9. Neither the Seneschal, any Cabinet office, nor any sub-office or bureau shall violate the privacy of citizens by publicly disclosing any of the following information: 9.1. Any information that would violate any citizen's individual privacy in accordance with the Sixth Covenant of the Organic Law. For example, if an internal memo revealed the phone number of a potential appointee to an office, this information would be withheld. This also includes private medical, counseling, or psychological records. 9.2. Any citizen's name, age, date of birth, email address, physical address, or other personal information of this nature, with the sole and strict exception described in D.10.
10. An electorate database will be made available to the official party leaders of officially registered political parties. This electorate database will contain only voter names, their province, and their email address. The Secretary of State shall collect this information from those citizens who affirmatively opt to receive political party electoral communications.
FURTHERMORE, the Royal Scribe shall renumber successive sections of this Title.
Uréu q'estadra så:
Alexandreu Davinescu - (MC-RUMP) Éovart Grischun - (Sen-VD)
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