Bahamas
Name of law: Freedom of Information Act, 2017
First adopted: 2017
Last modified: n/a
RTI Rating last updated: 2017-11
First adopted: 2017
Last modified: n/a
RTI Rating last updated: 2017-11
Introduction
The Bahamian law is relatively strong, partly due to a strong system of appeals, including a robust independent oversight body, the decisions of which are binding on public authorities. However, the law has a relatively limited scope, as the legislature and some parts of the executive are not subject to it, and the Information Minister has the authority to exclude additional public authorities from the scope of the law. Some of the exceptions are also not in conformity with international standards and the RTI law does not trump secrecy provisions in other legislation.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 16 | 30 |
| 3 | Requesting Procedures | 18 | 30 |
| 4 | Exceptions & Refusal | 16 | 30 |
| 5 | Appeals | 27 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 101 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | The Constitution: Section 23(1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this Article the said freedom includes freedom to hold opinions, to receive and impart ideas and information without interference, and freedom from interference with his correspondence. | General guarantee of freedom of expression. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | Section 6. General right of access. (1) Subject to the provision of this Act, every— (a) Bahamian citizen (b) permanent resident within the meaning of the Immigration Act (Ch. 191); (c) body incorporated or registered under the laws of The Bahamas; (d) partnership or other unincorporated association formed under the laws of The Bahamas; or (e) person who does not fall within paragraph (b), (c) or (d) but maintains in the Bahamas an office, branch or agency through which he carries on any business activity, shall have a right to obtain access to a record other than an exempt record. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Section 4. Objects of this Act (1) The objects of this Act are to reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy, namely— (a) governmental accountability; (b) transparency; and accountability (c) public participation in national decision making, by granting to the public a general right of access to records held by a public authority, subject to exemptions which balance that right against the public interest in exempting from disclosure of information at the lowest reasonable cost. (2) The provisions of this Act shall be interpreted so as to further the objects set out in subsection (1) and any discretion conferred by this Act shall be exercised, as far as possible, so as to facilitate and promote the disclosure of information at the lowest reasonable cost | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | Section 6. General right of access. (1) Subject to the provision of this Act, every— (a) Bahamian citizen (b) permanent resident within the meaning of the Immigration Act (Ch. 191); (c) body incorporated or registered under the laws of The Bahamas; (d) partnership or other unincorporated association formed under the laws of The Bahamas; or (e) person who does not fall within paragraph (b), (c) or (d) but maintains in the Bahamas an office, branch or agency through which he carries on any business activity, shall have a right to obtain access to a record other than an exempt record. (2) Notwithstanding subsection (1), the Minister may, by Order, at the direction of the Cabinet— (a) extend to a person not referred to in subsection (1), the right of access to the record, and (b) may set such conditions as he deems appropriate. | Only citizens/residents and legal persons. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 2. Interpretation “record” means information held in any form including— (a) a record in writing (b) a map, plan, graph or drawing; (c) a photograph; (d) a disc, tape soundtrack or other device in which sounds or other data are embodied whether electronically or otherwise, as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, held by a public authority in connections with its functions as such, whether or not it was created by that public authority or before the commencement of this Act; | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | Section 6. General right of access. (1) Subject to the provision of this Act, every— … shall have a right to obtain access to a record other than an exempt record. | only 'records' |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities, but this paragraph shall not be read so as to allow access to records containing information that may not be disclosed under— (i) section 38 of the Central Bank of the Bahaas Act (Ch. 351); (ii) section 28 of the Securities Industry Act 2011 (No. 10 of 2011); (iii) section 74 of the Insurance Act (Ch. 368); (iv) section 45 of the Financial Transaction Reporting Act (Ch. 368), and any other body or class of information, provided for in legislation, which the Minister may, by order, specify; and (b) records, regardless of the date when they were created (2) The Minister may, by order, after consulting the Commissioner, consult any entity concerned where he considers such consultation appropriate, declare that this Act shall apply to – (a) such companies, in addition to those specified in paragraph (c)(i) of the definition of “public authority”, as may be specified in the order; (b) any other body or organisation which provides services of a public nature which are essential to the welfare of the Bahamian society, or to such aspects of their operations as may be specified in the order; (c) any other body or organization which receives government appropriation on a regular basis. (3) An order under subsection (2) shall be subject to affirmative resolution of both Houses of Parliament. (4) The Minister may, in an order made in accordance with subsection (2), declare that the application of this Act in relation to any public corporation specified in paragraph (c)(i) of the definition of “public authority” shall be subject to such exceptions, adaptations or modifications as the minister may consider appropriate. (5) This act applies to the records of an administrative nature held in a registry or other office of a court. (6) This Act does not apply to ... (b) the security or intelligence services (as defined in subsection (7)) in relation to their strategic intelligence gathering activities or operational intelligence gathering activities; (c) such statutory body or authority as the Minister, after consultation with the Commisserion and upon affirmative resolution of both Houses of Parliament, may specify by order; (7) For the purposes of subsectio (6)(c), "security or intelligence services " includes- (a) the Royal Bahamas Police Force; (b) the Royal Bahamas Defence Force; (c) the Department of Customs; (d) the Department of Immigration; (e) the Financial Intelligence Unit; and (f) any other statutory body or authority which the Minister, in consultation with the Minister responsible for National Security, may by order designate. | Does not appear to extend to non-statutory bodies, a range of bodies are excluded for important parts of their work and the Minister may further exclude other bodies. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... | The legislature does not appear to be included. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); ...Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... ... (5) This Act does not apply to— (a) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court; (6) This Act applies to records of an administrative nature held in a registry or other office of a court. | The Act appears to apply to the judiciary but perhaps only courts crated by law and then only to administrative records explicitly and excludes "other office connected with a court" |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); "public corporation" means a corporation in which the government has a controlling interest and includes a subsidiary of such corporation; ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | Section 2. Interpretation “Public authority” means – (a) a Ministry or Department of Government; (b) a statutory body or authority, whether incorporated or not; (c) a public corporation which – (i) is wholly owned by the Government or in which the Government holds more than fifty per cent of the shares; or (ii) is specified in an Order under section 3(2); (d) any other body or organisation specified in an Order under section 3(2); ... Section 3. Application, (1) Subject to subsection(2) this Act applies to – (a) Public authorities... (2) The Minister may, after consulting the entity concerned where he considers such consultation appropriate, by Order, declare , that this Act shall apply to— (a) such companies, in addition to those specified in paragraph (c) (i) of the definition of “public authority”, as may be specified in the Order; (b) any other body or organization which provides services of a public nature which are essential to the welfare of the Bahamian society, or to such aspects of their operations as may be specified in the Order; (c) any other body or organization which receives government appropriations on a regular basis. (3) An Order under subsection (2) may be made subject to such exceptions, | Yes, but the Minister may exclude these bodies; also, not clear it covers constitutional bodies. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | N/A | not mentioned |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | Section 6. General right of access. (4) An applicant for access to a record shall not be required to give any reason for requesting access to the record. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | Section 7. Application for access. (1) A person who wishes to obtain access to a record shall make an application to the public autority which holds the record, in the form and manner as may be prescribed. (2) An application under subsection (1)— (a) shall be made in writing addressed to the information manager and may be transmitted by way of facsimile or electronic mail; and (b) shall provide such information concerning the record as is reasonably necessary to enable the public authority to identify it. | Not entirely clear. Depends on what form is prescribed. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | Section 7. Application for access. (1) A person who wishes to obtain access to a record shall make an application to the public autority which holds the record, in the form and manner as may be prescribed. (2) An application under subsection (1)— (a) shall be made in writing addressed to the information manager and may be transmitted by way of facsimile or electronic mail; and (b) shall provide such information concerning the record as is reasonably necessary to enable the public authority to identify it. | The law allows for a particular form to be prescribed for making requests. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | Section 7. Application for access. (3) A public authority shall— (b) if requested, assist the applicant in identifying the records to which the application relates; (c) where the information provided by the applicant is not reasonably adequate to identify the record, afford the applicant a reasonable opportunity to consult with the authority with a view to reformulating the application so that the record can be identified. See also 46(1)(b), requiring information officers to assist. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not specially mentioned beyond the general requirement to assist. No requirement to reduce oral requests to writing. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | Section 7. Application for access. (3) A public authority shall— (a) acknowledge receipt of every application made in the prescribed manner as set out in the regulations | No requirement to provide acknowledgement within 5 working days |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Section 8. Transfer of requests. (1) Where an application is made to a public authority for a record— (a) that is held by another public authority; or (b) the subject matter of which is more closely connected with the functions of another public authority, the first mentioned public authority shall transfer the application or such part of it as may be appropriate to the other public authority, and shall inform the applicant of the transfer in such period as shall be prescribed in regulations. (2) A transfer of an application pursuant to subsection (1) shall be made as soon as practicable but not later than fourteen days after the date of receipt of the application. | A transfer system but the time limit for this, 14 days, is far too long. Also allows for transfers where the subject matter is "more closely connected with the functions of another public authority", which is improper. In addition, it allows for transfers where information is held by another authority but does not explicitly require that the first authority not have the information as a condition for such transfers to occur. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | Section 10. Forms of accessing records. (1) Access to a record may be granted to an applicant in one or more of the following forms— (a) in the case of a record in printed form, the applicant may be afforded a reasonable opportunity to inspect the record or may be provided with a copy of the record; (b) in the case of a record from which sounds or visual images are capable of being reproduced, arrangements may be made for the applicant to hear the sounds or view the visual images; (c) in the case of a record by which or in which words are— (i) recorded in a manner in which they are capable of being reproduced in the form of sound and images; or (ii) contained in the form of shorthand writing or in codified form, the applicant may be furnished with a transcript of the data or the words, sounds and images recorded or contained in that record. (2) Subject to subsection (3), where an applicant requests that access be given in a particular form, access shall be given in that form. (3) A public authority may grant access in a form other than that requested by an applicant if the grant of access in the form requested would— (a) be detrimental to the preservation of the record, or be inappropriate, having regard to its physical state; (b) constitute an infringement of intellectual property rights subsisting in any matter contained in the record. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 7. Application for access. (4) A public authority shall respond to an application as soon as reasonably practical | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | Section 7. Application for access. (4) A public authority shall respond to an application as soon as reasonably practical, but not later than— (a) thirty days after the date of receipt of the application; or (b) in the case of an application transferred to it by another public authority pursuant to section 8, thirty days after receipt of the application from the originating public authority | 30 day limits |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | Section 7. Application for access. (4) A public authority shall respond to an application as soon as reasonably practical, but not later than— (a) thirty days after the date of receipt of the application; or (b) in the case of an application transferred to it by another public authority pursuant to section 8, thirty days after receipt of the application from the originating public authority, however, a public authority may extend the period for responding by one further period, not exceeding thirty days, in a case where there is reasonable cause for such extension. Section 11. Deferment of access. (1) A public authority may defer the grant of access to a record— (a) until the expiration of any period that the law specifies as the time within which a record must be published; (b) if the record was prepared for presentation to Parliament or for the purpose of being made available to a particular person or body, until it has been presented or made available to that person of body; (c) if it would be in the public interest to release the record after an event has occurred or a period of time has passed. (2) Where a public authority decides to defer access in accordance with subsection (1), it shall inform the applicant of that decision and shall, where possible, indicate to him the period during which the deferment will operate. | Delays permitted for broad reasons. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 13. Cost of access. (1) No fee shall be charged by a public authority in respect of a request for access to a record. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | Section 13. Cost of access. (2) Access to a record is conditional upon the payment by the applicant of the prescribed fee, as set out in the Regulations, for reproducing or preparing the record. (3) The fees payable by the applicant shall be commensurate with the cost incurred in making the record available. Section 56. Fees (1) The Minister may make regulations prescribing fees— (a) for the costs of access to record and the manner in which such fees are to be calculated; (b) for such other services or matters as may be prescribed, and the Minister may therin exempt any category of persons for whom no fee shall be charged. (2) The Minister may vary the fees so prescribed pursuant to subsection (1) and the provisions of sections 31 and 32 of the Interpretation and General Clauses Act (Ch. 2) shall apply in relaiton to any regulations made by the Minister under this section | No mention of at least 20 pages being free of charge and fees may be charged for "preparing" the record but set centrally. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. However, Section 56(1)(b) would allow the minister to exempt this category of persons should s/he so choose. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 53. Subject to section 52, information received from a public authority can be redistributed without charge. | Limited reuse provision. S. 52 deals with, among others, intellectual property rights. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 3. Application. (1) Subject to subsection (2), this Act applies to— (a) public authorities; but this paragraph shall not be read so as to allow access to records containing information that may not be disclosed under— (i) section 38 of the Central Bank of The Bahamas Act (Ch. 351); (ii) section 28 of the Securities Industry Act, 2011 (No. 10 of 2011); (iii) section 74 of the Insurance Act (Ch. 347); (iv) section 45 of the Financial Transaction Reporting Act (Ch. 368), and any other body or class of information which the Minister may, by Order, specify; | RTI law explicitly does not trump all secrecy provision in other legislation. And there is no general override clause. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | Section 3. Application (5) This Act does not apply to— (a) the judicial functions of— (i) a court; (ii) the holder of a judicial office or other office connected with a court; (b) the security or intelligence services (as defined in subsection (7)) in relation to their strategic intelligence gathering activities or operational intelligence gathering activities; (c) such statutory body or authority as the Minister may specify by Order; (d) private holdings of the National Archives where the contract or other arrangements under which the holdings are held does not allow disclosure in the circumstances prescribed under this Act. (6) This Act applies to records of an administrative nature held in a registry or other office of a court. (7) In subsection (5), "security or intelligence services" includes— (a) the Royal Bahamas Police Force; (b) the Royal Bahamas Defence Force; (c) the Department of Customs; (d) the Department of Immigration; (e) the Financial Intelligence Unit; and (f) any other statutory body or authority which the Minister, in consultation with the Minister responsible for National Security, may by Order designate. ... PART III - EXEMPT RECORDS Section 17. Records affecting security, defence or international relations, etc.; Records are exempt from disclosure if— (a) the disclosure thereof would prejudice the security, defence or international relations of The Bahamas; (b) the records contain information communicated in confidence between the Government— (i) and a foreign government; (ii) and an international organization. Section 18. Records relating to law enforcement (1) Records relating to law enforcement are exempt from disclosure if their disclosure would, or could reasonably be expected to— (a) endanger any person's life or safety; (b) affect— (i) the conduct of an investigation or prosecution of a breach or possible breach of the law; or (ii) the trial of any person or the adjudication of a particular case; (c) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, in relation to law enforcement; (d) reveal lawful methods or procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law, where such revelation would, or could be reasonably likely to, prejudice the effectiveness of those methods or procedures; (e) facilitate the escape of a person from lawful detention; or (f) jeopardize the security of a prison or detention facility .... Section 19. Records subject to legal privilege, etc A record is exempt from disclosure if— (a) it would be privileged from production in legal proceedings on the ground of legal professional privilege; or (b) the disclosure thereof would — (i) constitute an actionable breach of confidence; (ii) be in contempt of court; or (iii) infringe the privileges of Parliament. Section 20. Records affecting national economy, commercial affairs and certain documents concerning the operations of public authorities (1) A record is exempt from disclosure if— (a) its premature disclosure under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to have a substantial adverse effect on the economy, including but not limited to the premature disclosure of proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or instrument of economic management; (b) its disclosure under this Act would be contrary to the financial interests of the public authority by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public authority for the acquisition or disposal of property or the supply of goods or services; (c) its disclosure under this Act, by revealing information to a competitor of the public authority, would be likely to prejudice the lawful commercial activities of the public authority; (d) subject to subsection (4), it contains information obtained by a public authority from a third party who has consistently treated it as confidential and the disclosure of that information to a competitor of a third party, would be likely to prejudice the lawful commercial or professional activities of the third party; (e) its disclosure under this Act would be contrary to instructions issued to, or provided for the use or guidance of, officers of a public authority on the procedures followed or the criteria to be applied in negotiations, including financial, commercial and labour negotiations, and in the execution of contracts. Section 21. Records revealing Government's deliberative proceses (1) Subject to subsection (3), a record is exempt from disclosure if it contains— (a) opinions, advice or recommendations prepared for; (b) a record of consultations or deliberations arising in the course of, proceedings of the Cabinet or of a committee thereof. (2) Consultations or deliberations between the Prime Minister and the Governor-General shall be exempt from disclosure. Section 22. Prejudice to effective conduct of public affairs; (1) A record is exempt from disclosure if— (a) its disclosure would, or is would be likely to prejudice the maintenance of the convention of collective responsibility of Ministers; (b) its disclosure would or would be likely to inhibit the free and frank exchange of views for the purposes of deliberation; (c) it is legal advice given by or on behalf of the Attorney-General; or (d) its disclosure would otherwise prejudice, or would be likely to otherwise prejudice, the effective conduct of public affairs. (2) The initial decision regarding— (a) whether a record under subsection (1)(a) is exempt from disclosure shall not be made by the information manager but by the responsible Minister; (b) whether a record under subsection (1)(b), (c) and (d) shall not be made by the information manager but by the responsible Minister or the relevant chief officer. Section 23. Records relating to commercial interests (1) A record is exempt from disclosure under this Act if its disclosure would disclose information acquired by a public authority from a business, commercial or financial undertaking, and— (a) the information relates to trade secrets or other matters of a business, commercial or financial nature; or (b) the disclosure of the information under paragraph (a) would be likely to expose the undertaking to a disadvantage. Section 24. Records relating to heritage sites, etc. (1) Subject to subsection (2), a record is exempt from disclosure if its disclosure would, or could reasonably be expected to result in the destruction of, damage to, or interference with, the conservation of— (a) any historical, archaeological or anthropological resources; (b) anything which is eligible for preservation under The Bahamas National Trust Act (Ch. 391) or any other written law relating to the preservation of the heritage of The Bahamas; (c) any species of plant or animal life so designated or which is endangered, threatened or otherwise vulnerable; (d) any commercially important species; (e) any traditional knowledge held in confidence by a public authority; (f) any other rare or endangered living resource. (2) Records relating to matters under subsection (1) (a) through (f) shall be exempt for seventy-five years. Section 25. Records relating to sensitive personal data (1) A public authority shall refuse to disclose any record that contains personal data or sensitive personal data as defined under section 2 of Data Protection (Privacy of Personal Information) Act, (Ch. 324A). (2) All requests for personal data or sensitive personal data shall be made in writing pursuant to section 8 of the Data Protection Act (Privacy of Personal Information) Act, (Ch. 324A). (3) Records relating to personal data and sensitive personal data shall be exempt without limitation as to time. Section 26. Records likely to endanger health and safety A record is exempt from disclosure if its disclosure will or is likely to— (a) endanger the physical or mental health of an individual; or (b) endanger the safety of an individual. | Deducted points for s. 19, privileges of parliament; s. 20(1)(e), instructions relating to negotiations; s. 22, legal advice and prejudice to conduct of public affairs, s. 52: defamatory material. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | Section 18. Records relating to law enforcement... (2) This section does not apply to any record that is— (a) a record revealing that the scope of a law enforcement investigation has exceeded the limits imposed by the law; (b) a record revealing the use of illegal methods or procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law; (c) a record containing any general outline of the structure of any programme adopted by a public authority for investigating breaches of, or enforcing or administering the law; (d) a report on the degree of success achieved in any programme adopted by a public authority for investigating breaches of, or administering the law; (e) a report prepared in the course of routine law enforcement inspections or investigations by a public authority which has the function of enforcing and regulating compliance with a particular law other than the criminal law; (f) a report on a law enforcement investigation, where the substance of the report has been disclosed to the person who, or body which, was the subject of the investigation, if it is in the public interest that access to the record should be granted under this Act.; Section 20. Records affecting national economy, commercial affairs and certain documents concerning the operations of public authorities... (2) Subsections (1) (c) and (d) do not apply to the disclosure of information which— (a) relates to the quality, suitability or safety of the goods or services supplied by the public authority if the prejudice referred to in subsection (1)(c) or (d), as the case may be, would be likely to result from the exercise of more informed choice by persons seeking to acquire those goods or services; or (b) consists of the results of any investigation carried out by, or any information supplied to the public authority concerning a public safety hazard; Section 21. Records revealing Government's deliberative proceses...(3) Subsection (1) shall not apply to documents that are appended to records under this section which contain— (a) material of a purely factual nature; (b) analysis of factual information; (c) technical data; (d) statistical information. Section 23. Records relating to commercial interests ...(2) Subsection (1) shall not apply where the record belongs to the applicant applying for access or a person acting on behalf of that applicant. (3) In deciding whether disclosure of a record would expose an undertaking to a disadvantage, for the purposes of subsection (1) (b), a public authority may take account of any of the following considerations— (a) whether the record is generally available to the competitors of such undertaking; (b) whether the record would be an exempt record if it were generated by a public authority; (c) whether the record could be disclosed without causing substantial harm to the competitive position of the undertaking; (d) whether there are any considerations in the public interest in favour of disclosure which outweigh considerations of competitive disadvantage to the undertaking, and any other considerations which the public authority deems relevant.; | No harm test in s 17(b), communicated in confidence from another state; s. 21, Cabinet and Prime Minister |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Section 15. Public interest. (1) For the purposes of this Act, the test of whether the disclosure by a public authority of a record is in the public interest is whether the public interest would, on balance, be better served by disclosure than by non-disclosure. (2) The Information Commissioner issue guidelines about public interest considerations— , (a) in favour of the disclosure of records held by a public authority; and (b) against the disclosure of records held by a public authority, for the assistance of public authorities, based on international best practices. Section 16. Exempt records subject to public interest. Notwithstanding that a record falls within sections 20, 22(1)(b) and (d), 23, 24, and 26, access shall be granted to the record if such access would be in the public interest. | See also s. 2 which defines public interest in a non-exclusive way. The public interest override only applies to certain exceptions. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 6(3) The exemption of a record or part thereof from disclosure shall not apply after the record has been in existence for thirty years unless otherwise stated in this Act. | The harm test, where it applies, suggests that information should be released once the harm is no longer present. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Section 12. Partial access. (1) Where an application is made to a public authority for access to a record which contains exempt material, the authority shall grant access to a copy of the record with the exempt material deleted therefrom. (2) A public authority which grants access to a copy of a record in accordance with this section shall— (a) inform the applicant that the copy contained exempt material which has been deleted; and (b) inform the applicant of the statutory provision by virtue of which the deleted material is deemed to be exempt material. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Section 7. Application for access. (5) Where the public authority decides to refuse, defer, or extend the response period, it shall state on the application— (a) the reasons for so doing; and (b) any options available to an applicant. | See also s. 12 for notice about severed material. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | Section 28. Internal review. (1) Subject to subsection (2), a person may apply for an internal review of a decision by a public authority— (a) to refuse to grant access to a record; (b) to grant him access only to some of the records specified in an application; or (c) to defer the grant of access to a record. (2) An application for internal review of a decision— (a) in relation to a matter under sections 17, 18 and 20, shall be made to and conducted by the Minister with responsibility for matters thereunder; and; (b) in relation to a matter other than those under paragraph (a), shall be made to and conducted by the chief officer in the relevant public authority whose decision is subject to review, but no review shall be conducted by the same person who made the decision or a person junior in rank to him (3) Failure to make a decision on matter referred to in subsection (1) shall be regarded as a refusal to do so— (4) An application for an internal review may only be made where the decision to which the application relates was taken by a person other than the minister with responsibility for the record or the chief officer of the public authority Section 29.Procedure for Internal review. (1) An application for internal review shall be made— (a) within thirty days after the date of a notification to the applicant of the relevant decision, or within such further period, not exceeding thirty days, as the public authority may permit; or (b) where no such notification has been given, within thirty days after the expiration of the period allowed for the giving of the decision or of any other period permitted by the public authority. (3) A person who conducts an internal review— (a) may take any decision in relation to the application which could have been taken on an original application which could have been taken on an original application; and (b) shall take that decision within a period of 30 days after the date of receipt of the application. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | Section 39. Appeal to Commissioner. (1) A person who has exhausted the internal review procedure provided for under Part IV of this Act may, in writing, apply to the Commissioner for a decision that a public authority has— (a) failed to indicate whether or not it holds a record; (b) failed to communicate the information contained in a record within the time allowed by this Act or at all; (c) failed to respond to a request for a record within the time limits established in this Act; (d) failed to provide a notice in writing of its response to a request for a record; (e) charged a fee that is in contravention of this Act; or (f) otherwise failed to comply with an obligation imposed under this Act. (2) An appeal— (a) shall be made within thirty days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or (b) shall, where no notification has been given, be given within the period required by this Act, within thirty days after the expiration of that period. (3) Where an appeal is not made within the period specified in subsection (2), the Commissioner may extend that period if he is satisfied that the appellant’s delay in doing so is not unreasonable. (4) On the consideration of an appeal, the Commissioner may make any decision which could have been made on the original application. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | Section 30. Office of Information Commissioner. (1) There shall be a person who shall be known as the Information Commissioner who shall be appointed by the Governor-General upon the recommendation of the Prime Minister after consultation with the Leader of the Opposition (2) The Commissioner shall be appointed for a period of five years and may on the expiration of the first or any subsequent term of five years and may on the expiration of the first or any subsequent term of office be reappointed for a period not exceeding five years. Section 33. Independence and powers. (1) The Commissioner is not to be regarded as a public officer under the Public Service Act (Ch. 39). (2) The Commissioner shall have all powers, direct and incidental, as are necessary to undertake his functions as provided for under this Act, and for this purpose may establish a Freedom of Information Unit. (3) The Commissioner shall enjoy independence and autonomy in operating and administering the Freedom of Information Unit. (4) The Commissioner shall develop his own rules and procedures to regulate its affairs through a process of consultation. (5) In the exercise of his powers, the Commissioner shall be responsible to Parliament. Section 36. Removal of the Information Commissioner. The Commissioner may be removed from office by the Governor-General for - (a) misbehaviour; or (b) inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause). | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | Section 34. Funding for Freedom of Information Unit and Accounting. All salaries, allowances and other expenditures payable or incurred under this Act in respect of the Freedom of Information Unit shall be payable out of money appropriated by Parliament for those purposes. Section 37. Reports for Parliament (1) The Commissioner shall, as soon as practicable after the end of each year, lay before Parliament— (b) audited accounts. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | Section 30. Office of Information Commissioner. (6) The Commissioner must— (a) be a fit and proper person appropriately qualified for appointment; (b) be independent, impartial and accountable; and (c) have demonstrable knowledge in access to information, transparency or public and corporate governance. (7) The Commissioner must — (a) not have been convicted of a crime involving dishonesty or violence; (b) not have been adjudged or otherwise declared bankrupt under any law; or (c) not within five years of the date of his nomination, have— (i) not held any political office; or (ii) not served as an official of a political party. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | Section 42. Commissioner’s powers generally to investigate. (1) In coming to a decision pursuant to section 40, 41 and 43, the Commissioner shall have the power to conduct a full investigation, including— (a) issuing orders requiring the production of evidence; (b) compelling witnesses to testify; (c) calling for and inspecting an exempt record however, he shall take such steps as are necessary or expedient to ensure that the record is inspected only by members of staff of the Commissioner acting in relation to the matter. (2) The Commissioner may, during an investigation, examine any record to which the Act applies so that no such record shall be withheld from the Commissioner on any grounds. | Doesn't seem to have powers to inspect. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | Section 45. Decisions and orders of Commissioner binding (1) Where— (a) a public authority has failed to comply with— (i) a decision of the Commmissioner under section 40 or 41; or(ii) an order of the Commissioner under section 42(1); and (b) the time has expired for bringing an appeal from the decision or from the order of the Supreme Court. the Commissioner may certify such failure in writing to the court (2) The court may consider such failure under the rules relating to contempt of court | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | Section 40. Decision on appeal. (1) The Commissioner shall, subject to subsection (3), decide an appeal under this Act as soon as is reasonably practicable, and in any case within thirty days, after giving both the appellant and the relevant public authority an opportunity to provide its views in writing. ... (4) In his decision pursuant to subsection (1), the Commissioner may— (a) reject the appeal; (b) require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under the Act; (c) in cases of egregious or wilful failure to comply with an obligation under this Act, refer the matter to the appropriate disciplinary authority. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 44. Appeal from Commissioner’s decisions and orders. (1) The complainant or the relevant public authority may, within forty-five days, appeal to the Supreme Court on a decision of the Commissioner pursuant to section 40 or 41 or an order pursuant to section 42(1). | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | N/A | Not mentioned but implicit in the system. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 39. Appeal to Commissioner. (1) A person who has exhausted the internal review procedure provided for under Part IV of this Act may, in writing, apply to the Commissioner for a decision that a public authority has— (a) failed to indicate whether or not it holds a record; (b) failed to communicate the information contained in a record within the time allowed by this Act or at all; (c) failed to respond to a request for a record within the time limits established in this Act; (d) failed to provide a notice in writing of its response to a request for a record; (e) charged a fee that is in contravention of this Act; or (f) otherwise failed to comply with an obligation imposed under this Act. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Section 39. Appeal to Commissioner. (2) An appeal— (a) shall be made within thirty days after the date of the notification to the appellant of the relevant decision or of the decision taken on an internal review; or Section 40(1) The Commissioner shall, subject to subsection (3), decide an appeal under this Act as soon as is reasonably practicable, and in any case within thirty days, after giving both the applicant and the relevant public authority an opportunity to provide its views in writing. | Timelines and other basic procedures. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | Section 40(3) In any appeal under section 39 the burden of proof shall be on the public authority to show that it acted in accordance with its obligations under this Act. Section 44. Appeal from Commissioner’s decisions and orders. (2) In any appeal from a decision pursuant to section 40 the burden of proof shall be on the public authority to show that it acted in accordance with its obligations under the Act. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | Section 35(d) In addition to any other powers and responsibilities provided for in this Act the Commissioner shall (d) refer to the appropriate authorities cases where it appears that a criminal offence has been committed. Section 40(4) In his decision pursuant to subsection (1), the Commissioner may- (c) in cases of egregiuos or wilful failure to comply with an obligation under this Act, refer the matter to the appropriate disciplinary authority. Section 54. Offences. (1) A person commits an offence, if in relation to a record to which a right of access is conferred under this Act, he— (a) alters or defaces; (b) blocks or erases; (c) destroys; or (d) conceals, the record with the intention of preventing its disclosure. (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | Section 38. Exemption from liability. (1) Neither the Commissioner, the staff of his Office nor Information Managers shall be liable in damages for anything done or omitted in the discharge of their respective functions under this Act unless it is shown that the act or omission was in bad faith. (2) For the purposes of the law of libel or slander, anything said or any record supplied pursuant to an investigation under this Act is privileged, unless that record is shown to have been said or supplied maliciously. Section 52(2) Where access to a record referred to in subsection (1) is granted in the bona fide belief that the grant of such access is required by this Act, no action for defamation, breach of confidence or breach of intellectual property rights shall lie against - (a) the government, a pubic authority, minister or public officer involved in the grant of such access, by reason of the grant of access or of any re-publication of that record Section 54(3)Where access to a record is granted in accordance with this Act, the person who authorizes such access and any other person concerned in the granting thereof shall not, by reason only of so doing, be guilty of a criminal offence. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Section 47. Whistle-blower. (1) No person may be subject to any legal, administrative or employment related sanction, regardless of any breach of a legal or employment related obligation, for releasing information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment, as long as he acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrong-doing or a serious threat to health, safety or the environment. (2) For the purposes of subsection (1), “wrongdoing” includes but is not limited to— (a) the commission of a criminal offence; (b) failure to comply with a legal obligation; (c) miscarriage of justice; or (d) corruption, dishonesty, or serious maladministration. | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 46. Information manager. (1) Every public authority shall appoint an information manager who, in addition to any duties specifically provided for under this Act, shall, under the general and specific supervision of the head of the authority concerned— (a) promote in the public authority best practices in relation to record maintenance, archiving and disposal; and (b) receive requests for records, assist individuals seeking access to records, paying special attention to people with relevant disabilities, and receive complaints regarding the performance of the public authority relating to information disclosure. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 35.In addition to any other powers and responsibilities provided for in this Act, the Commissioner may - (c) make recommendations for reform both of a general nature and directed at specific public bodies; … (e) make guidelines for the effective carrying out of the purposes of this Act; (f) publicise the requirements for access to information under this Act and the rights of individuals under it; | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 35.In addition to any other powers and responsibilities provided for in this Act, the Commissioner may - ... (e) make guidelines for the effective carrying out of the purposes of this Act; (f) publicise the requirements for access to information under this Act and the rights of individuals under it; | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 49. Maintenance of records. (1) Every public authority shall maintain its records in a manner which facilitates access to information under this Act and in accordance with the code of practice provided for in subsection (2). (2) The Permanent Secretary in the Ministry with responsibility for government information shall, after consultation with interested parties and upon the recommendation of the Archivist, issue from time to time a code, which shall contain practices relating to record keeping, management and disposal of records, as well as the transfer of records to the National Archives. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 2 | Section 35.In addition to any other powers and responsibilities provided for in this Act, the Commissioner may - (g) provide training to public authorities for implementation and compliance under the Act in accordance with best practices; Section 51. Training of officials. Every public authority shall ensure that training is provided for its officials regarding the right to information and the effective implementation of this Act. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 50. Obligation of public authority to report to Commissioner A public authority shall, from time to time and in any case by the end of the year, provide to the Commissioner a written report containing the matters outlined in sectioned 37(2), to the extent that such information is in their custody of control. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 37. Reports for Parliament (1) The Commissioner shall, as soon as practicable after the end of each year, lay before Parliament— (a) a report of the operation of this Act during the year, containing the matters specified in subsection (2) and may from time to time submit such other reports as he thinks appropriate; (b) audited accounts. (2) The matters referred to in subsection (1) are those relating to compliance by the Commissioner’s office with this Act and otherwise relating to the activities of his office including but not limited to— (a) the number of applications for access received, granted, deferred, refused or granted subject to deletions; (b) the categories of exemptions claimed and the numbers of each category; (c) the number of— (i) applications for internal review of relevant decisions; (ii) appeals against relevant decisions, and the rate of success or failure thereof. |
