ACCESS TO INFORMATION ACT

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

    3.    Objects of Act

    4.    Act binds State

    5.    Application of Act

PART II
Administration of Act

    6.    Functions of Commission

    7.    Power of Commission to conduct audit

    8.    Identity card

PART III
Obligations of Public Authority

    9.    Appointment of information officer

    10.    Duty to keep, organise and maintain information

    11.    Implementation plans

    12.    Proactive disclosure of information

    13.    Notice requiring specific disclosure

    14.    Duty to act in good faith

PART IV
Right of Access to Information

    15.    Right of access to information

    16.    Access to information otherwise than under this Act

    17.    Request for access to information

    18.    Request for access to information on behalf of another person

    19.    Duty to assist requester

    20.    Decision on request for access to information

    21.    Referral of request for access to information

    22.    Deemed refusal or abandonment of request to access to information

    23.    Extension of time

    24.    Deferral of access to information

    25.    Information that cannot be found or does not exist

    26.    Forms of access

    27.    Reproduction fees

    28.    Refusal to process request for access to information

PART V
Exempt Information

    29.    Prohibition of access to exempt information

    30.    National security and defence

    31.    Disclosure of exempt documents in the public interest

    32.    Classified information

    33.    Information for the President or the Vice-President

    34.    Information relating to Cabinet

    35.    Information of third party

    36.    Information relating to trade secrets, business affairs, etc.

    37.    Information relating to protection of individual or property

    38.    Information relating to international relations

    39.    Information relating to law enforcement

    40.    Information affecting national economy

    41.    Information relating to legally privileged documents

    42.    Information relating to academic or professional examination and recruitment process

    43.    Manifestly frivolous or vexatious requests

    44.    Information relating to internal working documents and policy documents

    45.    Information disclosure of which would be contempt of court, etc.

    46.    Deletion or redaction of exempt information

    47.    Limitation of period for information exempt from disclosure

PART VI
Miscellaneous

    48.    Indemnity of information officer, etc.

    49.    Complaint to Commission

    50.    Investigation by the Commissioner

    51.    Decision of Commission

    52.    Application for review by Appeals Tribunal

    53.    Judicial review

    54.    Reports to Commission

    55.    Annual report by Minister

    56.    Offences and penalties

    57.    Regulations

        Schedule

Act 16, 2024.

An Act to provide for the right of members of the public to access information in the possession of public authorities.

[Date of Commencement: ON NOTICE]

PART I
Preliminary

1.    Short title

    This Act may be cited as the Access to Information Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "classified information" has the meaning assigned to it under section 32;

    "Commission" means the Information and Data Protection Commission established under section 6 of the Data Protection Act (Cap. 42:17);

    "Commissioner" means an officer appointed as such under section 8 of the Data Protection Act (Cap. 42:17);

    "exempt information" means information which, by virtue of any provision of Part V, is exempt information;

    "information" includes any original or copy of documentary material irrespective of its physical characteristics, such as any record, correspondence, facts, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held;

    "information officer" means an officer appointed under section 9;

    "public authority" includes—

    (a)    Parliament;

    (b)    the Cabinet;

    (c)    a Ministry or a department or division of a Ministry;

    (d)    a local authority;

    (e)    subject to section 5 (1)(b), a commission established under the Constitution or any other law;

    (f)    an entity that—

        (i)    is totally or partially owned by the Government, or financed, directly or indirectly, by the Government which discharges a public function, or

        (ii)    carries out statutory functions or services or public functions or services; and

    (g)    any other body designated by the Minister by Order published in the Gazette, to be a public authority for the purposes of this Act;

    "requester" means a person who requests access to information under this Act or any person acting on behalf of the person requesting access to information under this Act; and

    "responsible Minister", in relation to a public authority, means—

    (a)    the Minister to whom responsibility for the public authority is assigned in accordance with section 50(4) of the Constitution; or

    (b)    such Minister as the President may, by Order, declare to be the responsible Minister of the public authority for the purposes of this Act in accordance with section 4 of the Public Authorities (Functions) Act (Cap. 02:11).

3.    Objects of Act

    (1) The objects of this Act are to—

    (a)    make available to the public, information about the operations of public authorities and to ensure that the rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those rules and practices; and

    (b)    create a general right of access to information in documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interest and the private and business affairs of persons in respect of whom information is collected and held by public authorities.

    (2) Any discretion conferred by this Act shall be exercised as far as possible so as to facilitate and promote maximum and prompt disclosure of information at the lowest reasonable reproduction cost.

4.    Act binds State

    This Act binds the State.

5.    Application of Act

    (1) This Act shall apply to information held by a public authority, whether or not the information was produced before the commencement of this Act.

    (2) Notwithstanding section 4, this Act shall not apply to—

    (a)    the President, when acting in his or her capacity as Commander in Chief;

    (b)    a Commission of Inquiry issued by the President under the Commissions of Inquiry Act (Cap. 05:02);

    (c)    request for access to personal data made in accordance with the Data Protection Act;

    (d)    proceedings and decisions of Cabinet and its committees, unless Cabinet allows for that information to be accessed;

    (e)    judicial functions of a court, a tribunal or investigating authority established under any law;

    (f)    published materials available for purchase by the public; and

    (g)    library or museum materials preserved solely for public use, reference or exhibition purposes.

PART II
Administration of Act

6.    Functions of Commission

    (1) The Information and Data Protection Commission shall have oversight and shall do all things as are necessary to ensure the effective application of and compliance with this Act.

    (2) The functions of the Commission shall be to—

    (a)    conduct research and studies, and promote educational activities relating to protection of the right to access to information;

    (b)    instruct a public authority to take such measures as are necessary to ensure access to information in accordance with this Act;

    (c)    provide guidance and instructions on appropriate measures to ensure prompt, and at lowest reasonable cost, disclosure of information;

    (d)    provide information to persons on their rights to access to information;

    (e)    receive reports and claims from a requester in regard to a violation of this Act, and to take such remedial action as is necessary;

    (f)    investigate complaints from a requester and respond to queries of such complaints;

    (g)    request for and receive reports from public authorities in relation to the implementation of this Act and to assess such reports with a view to evaluate access to information in accordance with this Act;

    (h)    make recommendations to the Minister for legislative, administrative and policy reforms in relation to access to information; and

    (i)    perform such additional functions and duties as may be conferred on it by any written law.

7.    Power of Commission to conduct audit

    (1) The Commissioner shall, in such manner as may be prescribed and within such time as may be prescribed, cause an audit of a public authority as to its compliance with this Act.

    (2) The Commission shall notify a public authority before an audit under subsection (1) is conducted.

    (3) When conducting an audit, the Commissioner may—

    (a)    conduct inspections at the premises of the public entity;

    (b)    undertake any investigation he or she considers appropriate in furtherance of an audit;

    (c)    engage with staff of the public authority;

    (d)    request copies of any information and any other related records from the public authority; or

    (e)    access any information he or she considers necessary to undertake the audit.

    (4) After having concluded an audit, the Commission shall take appropriate action or steps to call for or require the remedying and correction of matters or instances through such means as are fair, proper and effective.

8.    Identity card

    The Commissioner shall issue to the officer of the Commission an identity card, which shall be prima facie evidence of appointment as an officer of the Commission.

PART III
Obligations of Public Authority

9.    Appointment of information officer

    (1) A public authority shall appoint an information officer for the purposes of this Act, and shall notify the Commissioner of such an appointment.

    (2) Where an information officer is removed from office and the office of the information officer becomes vacant, the public authority shall inform the Commissioner of such removal.

    (3) The information officer appointed under subsection (1) shall—

    (a)    be a person who holds the requisite qualifications; and

    (b)    be in charge of the implementation of the provisions of this Act, including receiving and causing the processing of requests for access to information under this Act.

    (4) Without prejudice to the generality of subsection (3)(b), an information officer shall—

    (a)    provide responses to requests for information;

    (b)    maintain the information disclosure log and promote appropriate disclosure of information across the public authority;

    (c)    input to and review information request handling policies and procedures;

    (d)    advise and educate the public authority on how to comply with the provisions of this Act;

    (e)    monitor the public authority's compliance with the provisions of this Act; and

    (f)    act as the point of contact with the Commission and cooperate with the commission as requested.

    (5) Where the information officer has reason to suspect that the public authority is contravening the law pertaining to access to information, and if rectification is not implemented as soon as practicable after such contravention is pointed out, the information officer shall notify the Commissioner.

    (6) A public authority shall not dismiss or penalise the information officer for performing the tasks specified in subsection (5).

10.    Duty to keep, organise and maintain information

    (1) A public authority shall keep, organise and maintain the information that it holds in a manner that facilitates access to information.

    (2) For purposes of complying with this section, a public authority shall—

    (a)    arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification; and

    (b)    keep all the information in its possession in good condition and in a manner that preserves the safety and integrity of the contents of such information.

11.    Implementation plans

    A public authority shall, within a prescribed time submit to the Commissioner, such implementation plan as may be prescribed, to ensure clear obligations and processes which support awareness raising and education interventions at community level.

12.    Proactive disclosure of information

    (1) A public authority shall, without request from any person—

    (a)    cause to be published in the Gazette or such media as the public authority may consider appropriate; or

    (b)    make available for inspection, information produced by or in relation to such public authority within 30 days of the information being generated or received by the public authority.

    (2) The information referred to in subsection (1) shall include—

    (a)    particulars of the organisational structure, functions and duties;

    (b)    powers and duties of officers and employees;

    (c)    a directory of officers and employees, from the level of the head of the public authority and below;

    (d)    the monthly remuneration received by each officer or employee of the public authority;

    (e)    information relating to budget allocated to each public authority, indicating particulars of all plans, proposed expenditures and reports on expenditures made;

    (f)    procedures followed in the decision-making process, including channels of supervision and accountability;

    (g)    rules, instructions, manuals and records held by the public authority or under its control or used by the employees for discharging its functions;

    (h)    the names, designation and other particular's of the information officer of the public authority, including their physical contact details and electronic addresses where a person may submit requests for information;