Awaiting Assent P.B.00-016 | Government Information Act

Real42

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PARLIAMENT VOTE: 6-0-0
A
Bill
To

Protect sensitive government information​

1 - Short Title and Enactment
(1) This Act may be cited as the ‘Government Information Act'.
(2) This Act may be numbered as P.B.00-016.
(3) This Act shall be enacted immediately upon its signage.
(4) This Act was authored by Deputy Prime Minister TheReal42Person.
(5) This Act has been co-sponsored by Minister Dr_Eksplosive.

2 - Reasons
(1) To protect sensitive government information from foreign nations.
(2) To protect certain operations of the government where the public could unreasonably interfere.
(3) To maintain government transparency and citizens’ access to information with Freedom of Information requests.
(4) Note: This act is heavily based on Redmont’s Classification Act.

3 - Reasonable Limitations
(1) The Freedom of Political Communication does not apply to classified information for the purpose of preserving national security, cabinet solidarity, and the good order of society.

4 - Classification Enforcement
(1) A document or channel must be explicitly assigned a classification for the classification to be enforceable.

(2) The Prime Minister is responsible for assigning security clearances.
(a) The Chief of Staff is responsible for the management and tracking of security clearances.

(3) The author of a document, given they are a member of a branch of government and have approval from the Prime Minister, may classify their document for an unlimited timespan. However, the document is declassified if the author leaves their job in the government branch.

(4) The Speaker of Parliament may apply a classification to all future messages in a channel in the Parliament discord.

(5) The Prime Minister or Chief of Staff may apply a classification to all future messages in a cabinet discussion for a time span of up to one month, with all messages subsequently declassified.

(6) A Minister may apply a classification to all future messages in a department discussion of theirs, or to a Ministry support ticket. The player that opened a ticket which was made classified and any players added to it have temporary clearance.

(7) Judicial discussions for ongoing court cases are classified by default and no player outside the discussion may be given access to view them, regardless of clearance. The classification expires when the verdict is announced, however the Chancery may classify parts of the discussion to prevent confidential evidence from being released.

(8) Classification is officially done in a channel by writing the classification level in all caps. Unless otherwise specified, the classification applies only to future messages but can be made to classify a specific previous message in a channel and onwards.
(a) To classify all messages, past, present, and future, in a channel, the Minister may post the classification level in the channel’s description.

(9) A citizen may only classify to a level they have clearance to.

(10) The classifier may declare at any time that future messages in the channel will no longer be classified. This occurs by default at the specific institution's end of term. The classifier may additionally declare previous information they classified, to now be public.

5 - Classifications
(1) The following classifications will apply:
(a) TOP SECRET - Information that has the potential to cause significant collateral damage to the government or national security.
(b) SECRET - Information that has the potential to cause collateral damage to the solidarity of the government.
(c) OFFICIAL - Information that has the potential to cause minor collateral damage to the government or national security.
(d) UNCLASSIFIED - Information that has not been assigned a classification or has been publicly announced or distributed by authorized individuals.

6 - Security Clearances
(1) By default, security clearances are applied as follows below. However, the Chief of Staff may manage clearances at the direction of the President. Security clearances are reverted to default with a new Prime Minister. A clearance for one branch does not give access to classified information from another (i.e., executive SC-2 does not give clearance to SECRET judiciary information).
(a) All information shall be accessed on a need-to-know basis. Simply having a security clearance does not grant you unfiltered access to all government information classified on that level.

(2) The Security Clearances are as follows:
(a) SC-1 - Authorized to view TOP SECRET information. This clearance includes all Cabinet members, including the Prime Minister.
(b) SC-2 - Authorized to view SECRET information. This clearance includes all Members of Parliament and certain Ministry employees.
(c) SC-3 - Authorized to view OFFICIAL information that is in relation to their course of duties. This clearance includes all members of a Ministry, each Ministry having a separate SC-3 clearance.
(d) Nil - Authorized to view UNCLASSIFIED information. This includes all citizens.

(3) The Monarch shall have an honorary SC-2 clearance, but the Prime Minister may share TOP SECRET information with the Monarch at the Prime Minister’s discretion.

7 - Alexandrian Criminal Code Amendments
(1) Section 8.1 of the Alexandrian Criminal Code shall be amended as follows:
(d) Breach of Integrity (Felony)
(i) Definition: Where an individual shares information of classified nature when unauthorized.
(ii) Minimum Punishment: £10,000 Fine + 15 Minutes in Jail

(iii) Maximum Punishment: £30,000 Fine + 30 Minutes in Jail + 2 Month Ban from Government Positions

(2) Section 9.1 of the Alexandrian Criminal Code shall be amended as follows:
(d) Foreign Espionage (Felony)
(i) Definition: Where an individual engages in sharing information of classified nature to a foreign nation.
(ii) Minimum Punishment: £20,000 Fine + 20 Minutes in Jail + Removal from Government Positions

(iii) Maximum Punishment: £50,000 Fine + 60 Minutes in Jail + Permanent Ban from Government Positions

8 - Immunities
(1) Judicial Privilege - Legal immunity enjoyed by judicial officers and parties of litigation whereby information being used in court as evidence is exempt from Breach of Integrity. Content of the evidence should be considered to determine if an open court is appropriate.

(2) Executive Privilege - Legal immunity enjoyed by the executive whereby the executive may deny producing a document to the legislative on the basis of cabinet solidarity or national security. This may be overturned by the courts.

(3) Parliamentary Privilege - Legal immunity enjoyed by Members of Parliament whereby information provided to them is exempt from civil or criminal liability for actions done or statements made in the course of their legislative duties. Anonymous witness information does not apply to this immunity.

9 - Freedom of Information
(1) Parliament directly represents the people in government. Therefore Parliament does not have the power to permanently withhold information from the public. All information shared with Parliament shall be de-classified as well as made public by the Speaker of Parliament as soon as possible after the classification expires.
(a) Information as to the identity of a whistleblower will be exempt from this clause.
(b) All classifications in Parliament expire at the end of the term.
(c) All classifications in a Ministry expire with a new Minister.

(2) Freedom of Information requests can be made by Parliament, the courts, and/or individual citizens.
(a) A Freedom of Information request made by an individual citizen is made towards the Ministry of Justice. The Ministry of Justice is then expected to make a reasonable attempt to provide all non-classified requested information.
(i) Providing the request is reasonable as decided by the Speaker for Parliamentary requests, the Chief of Staff for Cabinet requests, and the High Chancellor for judicial requests.
(ii) A request for something classified by a player without sufficient clearance is always an unreasonable request. The request may be for any unclassified document or chat discussion of the Parliamentary, Cabinet, or Judicial discord servers.
(b) A Freedom of Information request made by a court or Parliament is an ordained subpoena of information towards the Cabinet. The Cabinet is expected to provide all relevant information, with an SC of 3 or lower.

(3) Any citizen or government body with a significant interest in classified information can request the Magistrates Court to determine whether or not said information is justly classified. This request pertains to all classifications.
(a) If determined that the classified information is not justly classified, the presiding magistrate/chancellor will lower its classification to the highest justifiable level.
(i) Only the presiding magistrate/chancellor shall gain access to the information from the Cabinet. In extreme cases, the executive may request for the High Chancellor to review the evidence instead of the presiding magistrate/chancellor.
 
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