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Access to Information Act, No. 24 of 2023.

Country
Type of law
Legislation
Source

Abstract
This Act comprising 41 articles organizaed into five Parts establishes that information holders have a duty to disclose information, and non-disclosure is only allowed in specific circumstances outlined in the Act. The right to access information is governed by principles such as expeditious and inexpensive access, and a presumption of disclosure. Information holders are also required to proactively publish information.
The administration of access to information, as provided in Part II, is overseen by the Human Rights Commission. The Ministry responsible for information monitors and reports on compliance by information holders. The Commission's functions include (i) hearing appeals; (ii) advising information holders; (iii) conducting awareness programs; (iv) providing training; (v) making recommendations for reform; (vi) issuing directives for compliance with the Act. Part III ensures citizens' unrestricted access to information, regardless of the purpose. Information holders are mandated to structure data for ease of access and disclose specific information. Furthermore, they designate an information officer, allowing requesters to make oral requests if needed. The section also comprehensively covers request handling procedures, addressing non-response as a refusal appealable to the Commission. It emphasizes the preservation of requested data, specifies access methods, and delineates procedures for third-party requests, notifications, objections, and disclosure. Part IV delineates circumstances exempting information disclosure, permitting non-publication when justified in the public interest. It underscores the importance of revealing information when the public interest prevails over potential harm, addressing confidentiality, trade secrets, and privileged data. Exemptions extend to information impacting life, national security, economic interests, ongoing negotiations, policy formulation, and evaluative material. Requests deemed frivolous or resource-intensive may be rejected, and records containing a mix of exempt and non-exempt information must have exempt portions excluded before disclosure.
Long title of text
An Act to provide for the right to access information and its limitations; provide for procedures for processing requests for information; give effect to the right to access information as guaranteed in the United Nations Convention against Corruption and the African Charter on Human and Peoples Rights; and provide for matters connected with, or incidental to, the foregoing.
Date of text
Entry into force notes
This Act enters into force on the date appointed by the Minister, by statutory instrument.
Repealed
No
Source language

English

Legislation Amendment
No