Highlights on the Right to Information ACT 2003

INTRODUCTION

The Right to Information Act is to provide for the right of access to information to,

• Enable an individual have access to personal information held by a government agency or a private body which relates to that individual.

• Protect personal information held by government agency or a private body from being disclosed in order to preserve the person’s personal privacy.

• Provide for internal review of decisions of government agencies by the sector ministers and judicial review by the High Court of decisions of Ministers and private bodies.

• Provide for right of appeal in relations to matters under this Act.

PART 1 – ACCESS TO INFORMATION IN CUSTODY OR UNDER CONTROL OF GOVERNMENT AGENCIES:
RESPONSIBILITY TO INFORM

• Every person has a right of access to information or part of information in the custody or under the control of a government agency.

• A person who applies for access to information is not forced to give a reason for seeking the information except where the applicant demands that the request must be treated as urgent.

• It is the responsibility of the Government to make available to the people, information on their governance generally without application from any specific person.

PART II – EXEMPT INFORMATION

• Information shall not be given out if it is prepared for submission or which has been submitted to the President or Vice President or.

• If the information relates to Cabinet and is not published or released to the public.

• Information relating to law enforcement, public safety and national security.

• Economic and other interests which contain trade secrets or financial, commercial, scientific or technical information that belongs to the government and the information has monetary or potential monetary value.

• Economic information of third parties, that is, if the disclosure of the information would reveal some secretes which tend to prejudice the competitive position or interfere with the contractual negotiations of a person, group of persons or organizations.

• Information relating to tax, that is, information is exempt if it is obtained for the purpose of determining tax liability.

• Information that relates to parliamentary privilege, fair trial, contempt of court.

• Information subject to the medical profession, privilege in respect of a patient’s medical diagnosis or treatment.

• There is exemption if the information would involve the unreasonable disclosure of information concerning the personal affairs of any individual whether living or deceased.

• Frivolous or vexatious application. The information officer of an agency may refuse an application for access if the application is manifestly frivolous or vexatious.

• The Act does not apply to information held by the national archives, libraries and museums to which the publics have access.

PART III – COMPILATION AND PUBLICATION ON
INFORMATION OF AN AGENCY

Responsibility of sector minister in respect of access.

• Every minister shall, within 12 months from the date of the coming into force of this Act and every 12 months after that date, cause to be compiled and published an up-to-date manual-containing a list of all government agencies that are under that ministry.

CONTENT OF THE MANUAL
There should be:
• A description of the organizational structure and functions of each agency including details of the responsibility of each division or branch of each agency.

• A list of the various classes of information which are prepared by or are in custody or under the control of each agency.

• A list of types of information that may be purchased or inspected free of charge or subject to a fee.

• The name, telephone number, fax, e-mail and address of the information officer of the agency or a designated officer of the agency to whom a request for access could be made.

• The place where any information to which access can be made by the agency under this Act.

• An arrangement or procedure in relation to the agency that enables members of the public to participate in formulation of policies of the agency.

• An arrangement or procedure that enables a member of the public to seek amendment of that member’s personal official records with the agency.

PART IV – PROCEDURE FOR ACCESS

Application for access to information held by agency shall

• Be submitted in writing to the agency.

• Indicate the type of access required.

• State an address in the country to which any communication or notice can be sent.

• Be accompanied with any relevant fee.

PART V – RIGHT TO APPLY FOR AMENDMENT OF
PERSONAL RECORDS IN CUSTODY OF AN AGENCY

• A person given access to information contained in an agency’s records may apply for the amendment of the information,

• If the information is the personal records of the individual and if, in the person’s opinion, the information is incorrect, misleading, incomplete or out of date.

• An application for the amendment of information contained in an agency records shall

Be in writing;

Specify that it is made under the Act;

Contain particulars reasonably necessary to enable the agency’s records, to which the applicant has been given access, to be identified;

Specify the area in which the applicant claims the information contained in the records is incorrect, misleading, incomplete or out of date.

PART VI – INTERNAL REVIEWS AND APPEALS

Internal review by the Sector Minister.

• A person aggrieved by a decision of the information officer of an agency under this Act may submit an application for review of the decision by the Minister with responsibility for the agency within 21 days of the receipt of the notification of the decision sought to be reviewed.

• The Sector Minister shall within 30 days of receipt of an application for a review, notify the applicant of the Minister’s decision on the application for the review.

PART VII – ACCESS TO INFORMATION HELD BY PRIVATE BODIES

• A person may request right to information held by a private body. Such information required can be the exercise or protection of a fundamental human right or freedom; preservation of public safety or protection of public interest.

• The private body will be requested to possess manual of their particulars such as postal, residential phone, fax address and electronic mail address, if any. They will also be expected to provide a description of information held by that body and the detailed description of the process by which access to information held by that body may be obtained.

• The head of a private body may periodically volunteer information and automatic availability of certain information

• On access to information that relates to somebody’s health, a medical officer should be consulted first for approval of the person’s physical condition.

• The privacy and commercial information of the third party shall be protected. Certain confidential information relating to a third party shall also be protected. Protection of safety of individuals and their property will be ensured.