LEGAL & ETHICAL OF INFORMATION SYSTEM FREEDOM of INFORMATION ACT

ATIQAH NUR BT UMAR NURUL HIDAYAH BINTI ZAKARIA 2010609482 2010434238

DEFINITION

The FOIA is a law that gives you the right to access information from the federal government.
It is often described as the law that keeps citizens in the know about their government. 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 certain information, including frequently requested records.
Act does not apply to Congress or Federal courts state or local government agencies private businesses or individuals

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

FOIA in IRISH
The FOI Act was enacted in April 1997 with an

in-built provision for its commencement one year following the date of enactment (April 1998)
Freedom of Information Act 1997 freeact.pdf Freedom of Information (Amendment) Act 2003 3 foi-amendment-act-2003.pdf

Differences
Freedom of Information Act 1997 Freedom of Information (Amendment) Act 2003 2. Amendment of section 2 (interpretation) of Principal Act. 3. Amendment of section 4 (delegation of certain functions of heads) of Principal Act.

PART I Preliminary and General Section 1. Citation and commencement. 2. Interpretation. 3. Regulations. 4. Delegation of certain functions of heads. 5. Expenses.

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 grant requests 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 public bodies.

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.

16. Publication of information regarding rules and practices in relation to certain decisions by public bodies. 17. Amendment of records relating to personal information. 18. Right of person to information regarding acts of public bodies affecting the person.

11. Amendment of section 16 (publication of information regarding rules and practices in relation to certain decisions by 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 of person to information regarding acts of public bodies affecting the person) of Principal Act.

PART III Exempt Records 19. Meetings of the Government. 20. Deliberations of public bodies. 21. Functions and negotiations of public bodies. 22. Parliamentary, court and certain other matters. 23. Law enforcement and public safety. 24. Security, defence and international relations. 25. Conclusiveness of certain decisions pursuant to sections 23 and 24.

Amendment of section 19 (meetings of the Government) of Principal Act. 15. Amendment of section 20 (deliberations of public bodies) of Principal Act. 16. Amendment of section 21 (functions and negotiations of public bodies) of Principal Act. 17. Amendment of section 22 (parliamentary, court and certain other matters) of Principal Act. 18. Amendment of section 23 (law enforcement and public safety) of Principal Act. 19. Amendment of section 24 (security, defence and international relations) of Principal Act. 20. Amendment of section 25 (conclusiveness of certain decisions pursuant to sections 23 and 24) of Principal Act.

26. Information obtained in confidence. 27. Commercially sensitive information. 28. Personal information. 29. Procedure in relation to certain requests under section 7 to which section 26, 27 or 28 applies. 30. Research and natural resources. 31. Financial and economic interests of the State and public bodies. 32. Enactments relating to non-disclosure of records.

21. Amendment of section 26 (information obtained in confidence) of Principal Act. 22. Amendment of section 27 (commercially sensitive information) of Principal Act. 23. Amendment of section 28 (personal information) of Principal Act. 24. Amendment of section 29 (procedure in relation to certain requests under section 7 to which section 26, 27 or 28 applies) of Principal Act.

PART IV The Information Commissioner 33. Establishment of office of Information Commissioner. 34. Review by Commissioner of decisions. 35. Requests for further information by Commissioner. 36. Review of operation of Act and investigations by Commissioner. 37. Powers of Commissioner. 38. Commissioner to encourage publication of information by public bodies. 39. Publication of commentaries by Commissioner on practical application, etc., of Act. 40. Reports of Commissioner

25. Amendment of section 33 (establishment of office of Information Commissioner) of Principal Act. 26. Amendment of section 34 (review by Commissioner of decisions) of Principal Act.

PART V Miscellaneous 41. Decisions deemed to have been made in certain cases. 42. Appeal to High Court. 43. Precautions by High Court and Commissioner 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 Principal Act. 28. Amendment of section 43 (precautions by High Court and Commissioner against disclosure of certain information) of Principal Act. 29. Amendment of section 46 (restriction of Act) of Principal Act. 30. Amendment of section 47 (fees) of Principal Act.

CASE

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.

FOI Act in Malaysia

Malaysia does not have Freedom of Information Law at the federal level. The single biggest legislative barrier to this is the 1972 Official Secrets Act (OSA).

But there are two Freedom of Information in state of Malaysia :

1. 2. The Selangor Freedom of Information Enactment 2010 The Penang Freedom of Information Enactment 2010

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.

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 adversely
affected 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 the State

Section 5 of the Bill reads

Access 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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