Every person has the right of access to information under the control of information holders. These holders are required, subject to certain provisions and other laws, to make information available to the public or upon request.
Despite the general right of access, certain information may be withheld if its disclosure is likely to undermine national security, impede lawful investigations, endanger lives, facilitate the commission of offenses, infringe on privacy rights (except for applicants or persons on whose behalf requests are made), infringe lawful commercial interests, hinder economic management, or damage legal proceedings.
Public authorities must appoint one or more information officers responsible for handling requests and assisting seekers of information. If an authority fails to appoint such officers, the head of that institution shall assume the role. These authorities are also mandated to maintain records of information under their control for at least (30) thirty years from the date of creation or when the information came under their control.
Requests for information must be made in a prescribed form, addressed to the relevant information holder, and should include sufficient details to identify the information, along with the requester’s name and address. Requests can be made in writing via hand, post, or electronic means, or orally if the requester is unable to make a written request, in which case the request must be reduced to writing by an officer.
Upon receipt of a request, the information holder shall, within (30) thirty days, confirm whether the requested information exists and whether access will be granted. If further information is needed to locate the data, the holder must notify the requester within (14) fourteen days. If the information does not exist or has already been published, the requester shall be informed accordingly.
Information access may be refused if it involves third parties, in which case the holder must notify the third party within (3) three days, describing the request and the requesting person’s details. The holder may also defer access if the disclosure would be contrary to the public interest or for other administrative reasons, provided reasons and duration are communicated in writing.
Persons who receive information are prohibited from distorting it. Violations of this requirement are punishable by imprisonment for a term between (2) two and (5) five years.
If a requester is dissatisfied with a decision regarding their request, they may request a review by the head of the institution. The head must respond within (30) thirty days, and an aggrieved party may appeal to the Minister within (30) thirty days of the decision. If the matter involves a request under an authority under the Minister, the Minister’s decision is final; otherwise, the requester may seek judicial review in the High Court.
Individuals in the employment of information holders are protected from legal, administrative, or employment sanctions for disclosing wrongdoing or information that poses a serious threat to health, safety, or the environment, provided they act in good faith and believe the information to be true. Officers serving information holders are also protected from civil or criminal liability for acts done or omitted in good faith.
Disclosing exempt information, other than relating to national security, is an offense punishable by imprisonment for a term between (3) three and (5) five years. Information presumed not to be exempt if held for over (30) thirty years unless proven otherwise.
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