Access to Information Act, 2016 (Act 13 of 2017).
Country
Type of law
Legislation
Abstract
The objects of this Act are to (a) make provision for access to information that is held by information holders; (b) ensure that public bodies disclose information that they hold and provide information in line with the constitutional principles of public trust and good governance; (c) provide for a framework to facilitate access to information held by information holders in compliance with any right protected by the Constitution and any other law; (d) promote routine and systematic information disclosure by information holders based on constitutional principles of accountability and transparency; (e) provide for the protection of persons who release information of public interest in good faith; and (f) facilitate civic education on the right to access information under this Act. Access to information is such defined: A person shall have the right to access information, in so far as that information is required for the exercise of his rights, which is in the custody of, or under the control of a public body or a relevant private body to which this Act applies, in an expeditious and inexpensive manner.
This Act shall apply to information in the custody or under the control of any information holder listed in the Schedule: the Executive, all its organs and persons in their service; the Legislature, all its organs, and persons in their service; the Judiciary, all its organs, and persons in their service; Institutions and organizations whether established by or under an Act of Parliament or otherwise, in which the Government holds shares or exercises financial or administrative control and persons in the service of those institutions and organizations; non-Governmental Organizations constituted for public benefit purposes and persons in their service; commissions and persons in the service of those commissions established by or under the Constitution or any Act of Parliament; organizations contracted by Government to do work for the Government and persons in the service of those organizations.
Part 2 allocates to the Human Rights Commission established under Chapter XI of the Constitution oversight function for the implementation o the Act. Part 3 requires every information holder, within twelve months from the commencement of this Act, to (a) designate or appoint one or more of its officers as information officers; and (b) establish processes and procedures for handling obligations under this Act. It also requires every information holder to keep record of operations, personnel and activities and to ensure the provision of appropriate training of its staff. Part 4 contains disclosure of certain categories of information, such as manuals, policies, handling complaints, etc. Part 5 contains procedure for access to information. Part 6 provides a list of information exempt from disclosure, such as information that if disclosed has a real likelihood of endangering the life, health or safety of a the life, health and safety of a person. Part 7 and 8 regulates respectively Part VII internal and external review of decisions of information holders. Part 9 protection of whistle blowers.
This Act shall apply to information in the custody or under the control of any information holder listed in the Schedule: the Executive, all its organs and persons in their service; the Legislature, all its organs, and persons in their service; the Judiciary, all its organs, and persons in their service; Institutions and organizations whether established by or under an Act of Parliament or otherwise, in which the Government holds shares or exercises financial or administrative control and persons in the service of those institutions and organizations; non-Governmental Organizations constituted for public benefit purposes and persons in their service; commissions and persons in the service of those commissions established by or under the Constitution or any Act of Parliament; organizations contracted by Government to do work for the Government and persons in the service of those organizations.
Part 2 allocates to the Human Rights Commission established under Chapter XI of the Constitution oversight function for the implementation o the Act. Part 3 requires every information holder, within twelve months from the commencement of this Act, to (a) designate or appoint one or more of its officers as information officers; and (b) establish processes and procedures for handling obligations under this Act. It also requires every information holder to keep record of operations, personnel and activities and to ensure the provision of appropriate training of its staff. Part 4 contains disclosure of certain categories of information, such as manuals, policies, handling complaints, etc. Part 5 contains procedure for access to information. Part 6 provides a list of information exempt from disclosure, such as information that if disclosed has a real likelihood of endangering the life, health or safety of a the life, health and safety of a person. Part 7 and 8 regulates respectively Part VII internal and external review of decisions of information holders. Part 9 protection of whistle blowers.
Attached files
Web site
Long title of text
An Act to provide for the right of access to information in the custody of public bodies and relevant private bodies; the processes and procedure.s related to obtaining that information; and to provide for matters connected therewith or incidental thereto
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by