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7/27/2019 Latest Legal

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DEFINITION


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The FOIA is a law that gives you the right to access information from thefederal government.

It is often described as the law that keeps citizens in the know about theirgovernment.

Under the FOIA, agencies must disclose any information that is requested

unless that information is protected from public disclosure.

The FOIA also requires that agencies automatically disclose certaininformation, including frequently requested records.Act does not apply to

Congress or Federal courtsstate or local government agenciesprivate businesses or individuals

Over 90 countries around the world have implemented some form offreedomof information legislation.


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FOIA in IRISH

The FOI Act was enacted in April 1997 with anin-built provision for its commencement oneyear following the date of enactment (April1998)

Freedom of Information Act 1997 Freedom of Information (Amendment)Act 2003

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Differences

Freedom of Information Act 1997 Freedom of Information (Amendment)Act 2003

PART I

Preliminary and GeneralSection1. Citation and commencement.2. Interpretation.3. Regulations.4. Delegation of certain functions of

heads.5. Expenses.

2. Amendment of section 2

(interpretation) of Principal Act.

3. Amendment of section 4 (delegation ofcertain functions of heads) of PrincipalAct.


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PART II

Access to Records

6. Right of access to records.

7. Requests for access to records.

8. Decisions on requests under section 7 and

notification of

decisions.

9. Extension of time for consideration of

requests under section 7.

10. Refusal on administrative grounds to grantrequests under

section 7.

11. Deferral of access to records.

12. Manner of access to records.

13. Access to parts of records.

14. Review by heads of decisions.

15. Publication of information about publicbodies.

4. Amendment of section 6 (right of access to

records) of Principal

Act.

5. Amendment of section 7 (requests for

access to records) of

Principal Act.

6. Amendment of section 8 (decisions on

requests under section

7 and notification of decisions) of Principal

Act.7. Amendment of section 10 (refusal on

administrative grounds

to grant requests under section 7) of Principal

Act.

8. Amendment of section 13 (access to parts of

records) of

Principal Act.9. Amendment of section 14 (review by heads

of decisions) of

Principal Act.

10. Amendment of section 15 (publication of

information about

public bodies) of Principal Act.


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16. Publication of information regardingrules and practices inrelation to certain decisions by publicbodies.17. Amendment of records relating topersonal information.

18. Right of person to informationregarding acts of public bodiesaffecting the person.

11. Amendment of section 16 (publication

of information regardingrules and practices in relation to certaindecisionsby public bodies) of Principal Act.12. Amendment of section 17(amendment of records relating to

personal information) of Principal Act.13. Amendment of section 18 (right ofperson to informationregarding acts of public bodies affectingthe person) ofPrincipal Act.


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PART IIIExempt Records19. Meetings of the Government.20. Deliberations of public bodies.21. Functions and negotiations of publicbodies.22. Parliamentary, court and certain othermatters.

23. Law enforcement and public safety.24. Security, defence and internationalrelations.25. Conclusiveness of certain decisionspursuant to sections 23and 24.

Amendment of section 19 (meetings ofthe Government) ofPrincipal Act.15. Amendment of section 20(deliberations of public bodies) ofPrincipal Act.16. Amendment of section 21 (functionsand negotiations of

public bodies) of Principal Act.17. Amendment of section 22(parliamentary, court and certainother matters) of Principal Act.18. Amendment of section 23 (lawenforcement and public

safety) of Principal Act.19. Amendment of section 24 (security,defence and internationalrelations) of Principal Act.20. Amendment of section 25(conclusiveness of certain decisions

pursuant to sections 23 and 24) ofPrincipal Act.


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26. Information obtained in confidence.

27. Commercially sensitive information.28. Personal information.29. Procedure in relation to certainrequests under section 7 towhich section 26, 27 or 28 applies.30. Research and natural resources.

31. Financial and economic interests ofthe State and publicbodies.32. Enactments relating to non-disclosureof records.


(information obtained inconfidence) of Principal Act.22. Amendment of section 27(commercially sensitiveinformation) of Principal Act.23. Amendment of section 28 (personal

information) ofPrincipal Act.24. Amendment of section 29 (procedurein relation to certainrequests under section 7 to which section26, 27 or 28

applies) of Principal Act.


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PART IV

The Information Commissioner33. Establishment of office of InformationCommissioner.34. Review by Commissioner of decisions.35. Requests for further information byCommissioner.

36. Review of operation of Act andinvestigations by Commissioner.37. Powers of Commissioner.38. Commissioner to encouragepublication of information bypublic bodies.

39. Publication of commentaries byCommissioner on practicalapplication, etc., of Act.40. Reports of Commissioner


(establishment of office of InformationCommissioner) of Principal Act.26. Amendment of section 34 (review byCommissioner ofdecisions) of Principal Act.


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PART V

Miscellaneous41. Decisions deemed to have been madein certain cases.42. Appeal to High Court.43. Precautions by High Court andCommissioner against disclosure

of certain information.44. Stay on certain decisions.45. Immunity from legal proceedings.46. Restriction of Act.47. Fees.48. Amendment of Official Secrets Act,

1963.

27. Amendment of section 42 (appeal to

High Court) of PrincipalAct.28. Amendment of section 43 (precautionsby High Court andCommissioner against disclosure of certaininformation) of Principal Act.

29. Amendment of section 46 (restrictionof Act) of PrincipalAct.30. Amendment of section 47 (fees) ofPrincipal Act.


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CASE


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CASE 1

National Archives and Records Administration v. Favish, 541 U.S. 157 (2003)

Exemption 7(C) encompasses the personal privacy rights of a deceased individual as well as the

related privacy rights of his or her surviving family members.

When the public interest in a FOIA request reflects an attempt to show that government

officials acted improperly in performing their duties, the requester must produce evidence of

such impropriety sufficient to convince a reasonable person in order to overcome the personal

privacy rights cited.


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Malaysia does not have Freedom of Information Law at thefederal level.

The single biggest legislative barrier to this is the 1972Official Secrets Act (OSA).

But there are two Freedom of Information in state ofMalaysia :

1. The Selangor Freedom of Information Enactment 2010

2. The Penang Freedom of Information Enactment 2010

FOI Act in Malaysia


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CASES

Each and every applicant is a paying water consumer within the area covered

by the concession agreement. With SYABAS now in monopoly over the distribution

of treated water in the concession area, the applicants do not have an alternative

access to treated water. If the water tariff is increased and they have to pay more

money for water, they have no real choice to refuse to pay because there is no

alternative supplier of water available. In addition there to, water being essential

for life is part of a constitutional right which can be implied under the Federal

Constitution.

**The cause of action here is not a case of denial of access to water, but an

alleged right of access to documents that had been requested for. The applicants'

interest clearly was in the tariffs to be imposed in respect of water supplied.


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On the facts and circumstances of this case, it is obvious that the

applicants had a real and genuine interest in the subject matter. They are adverselyaffected by the increase in water tariff and in this regard there is a direct nexus with the

decision of the 1st respondent's. I therefore hold the applicants have established they

had a locus standi to bring this action.

In Malaysia, the Senior Federal Council (SFC) made reference to the

preamble to the Freedom of Information (State of Selangor) Bill 2010 an Enactment

to "enhance disclosure of information for the public interest, to provide to every

individual an opportunity to access to information made by every department of

theState


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Section 5 of the Bill readsAccess to information

(1) Any person may be given access to information made by every

department.

(2) If the information sought to be accessed by any person is

contained in a document disclosure of which is subject to any

written law, access to such information shall be subject to such

written law


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