ENACTED by the Koru of the Hokorian State under the authority of the Council of Advisors Charter.
Part I- Preliminary
Section 1- Short Title
- This Statute may be cited as the Freedom of Information and Data Protection Statute, 2026.
Section 2- Commencement
- This Statute shall come into force on a date appointed by the Koru of the Hokorian State.
Section 3- Interpretation
- “State” means the Hokorian State.
- “Public body” means any office, authority, council, force or body exercising public functions under authority of the State.
- “Information” means recorded information in any form.
- “Personal data” means information relating to an identifiable natural person.
- “Request” means a request for information made under this Statute.
- “Authority” means the Information and Data Protection Office recognised under this Statute.
Part II- Freedom of Information
Section 4- Right to Request Information
- A legal person may request access to information held by a public body.
- The right under subsection (1) exists only to the extent provided by this Statute.
- No entitlement to information exists outside this Statute.
Section 5- Scope of Access
- A public body shall provide requested information unless refusal is authorised under this Statute.
- Access may be partial, conditional or deferred.
Section 6- Grounds for Refusal
- A request may be refused where disclosure would:
- prejudice national security;
- undermine public order or safety;
- impair the effective functioning of government;
- compromise the dignity, authority or continuity of the State;
- disclose confidential deliberation;
- disclose personal data contrary to Part III; or
- otherwise be contrary to law.
- No public interest override exists unless expressly provided.
Section 7- Form and Procedure
- Requests shall be made in such form as prescribed by regulation.
- A public body may require clarification of a request.
- Failure to comply with procedural requirements may justify refusal.
Part III- Personal Data Protection
Section 8- Lawful Processing of Personal Data
- Personal data shall be processed only where:
- authorised by law;
- necessary for a public function; or
- consent has been given where required.
- No general right to data protection exists outside this Statute.
Section 9- Limits on Disclosure
- Personal data shall not be disclosed where disclosure would:
- cause unjustified harm to a person;
- interfere with privacy without lawful basis; or
- undermine trust in public administration.
- Disclosure may occur where authorised by law or Constitutional Order.
Section 10- Retention and Accuracy
- Public bodies shall retain personal data only for as long as necessary.
- Reasonable steps shall be taken to ensure data accuracy.
Part IV- Oversight and Regulation
Section 11- Information and Data Protection Office
- An Information and Data Protection Office is recognised for the purposes of this Statute.
- The Authority shall be appointed by the Koru.
- The Authority shall act independently within the scope of its mandate.
Section 12- Functions of the Authority
- The Authority may:
- issue guidance;
- review refusals of requests;
- monitor compliance with this Statute; and
- make recommendations to public bodies.
- Decisions of the Authority are advisory unless otherwise provided by law.
Part V- Review and Enforcement
Section 13- Review of Decisions
- A person may request review of a refusal by the Authority.
- No right of appeal exists beyond what is expressly provided.
Section 14- Enforcement
- Non-compliance with this Statute may be addressed by:
- administrative direction;
- disciplinary measures; or
- other lawful action.
- No criminal liability arises unless created by statute.
Part VI- Limitations and Exceptional Circumstances
Section 15- Limitation and Suspension
- The operation of this Statute may be limited or suspended by:
- statute; or
- Constitutional Order.
- Any limitation or suspension shall have effect according to its terms.
Part VII- Miscellaneous and Final Provisions
Section 16- Relationship to Other Law
- This Statute shall be interpreted consistently with the Fundamental Rights Charter and the Civil Status and Protections Charter.
- Where inconsistency arises, higher constitutional instruments prevail.
Section 17- Regulations
- Regulations may be made for the purposes of this Statute.
- Regulations may prescribe procedures, forms, time limits and exemptions.
Section 18- Repeals and Continuity
- Any prior law relating to freedom of information or data protection ceases to have effect to the extent of inconsistency.
- Actions taken under prior law remain valid unless revoked.
