Ghana
Name of law: Right to Information Act, 2019
First adopted: 2019
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2019
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Ghana took over 20 years of advocacy to adopt an RTI law, and finally did so only in 2019. The strength of the law is fair, and will likely be improved by regulations once they are finally adopted. A major weakness is its narrow scope, as the law only applies to some offices of the executive. Another problem is the presence of illegitimate exceptions, along with others that are not harm-tested, although there is a broad public interest override. The law provides for an internal and external appeals structure, with an administrative Commission that has a reasonably strong mandate to require public institutions to take steps necessary to comply with the Act. To supplement this, the law also provides for sanctions for both individuals and public authorities which systematically fail to disclose information or underperform in their obligations under the law. The Commission also has broad promotional and educational responsibilities for right-holders and public authorities officials respectively, leading to a strong score in the area of promotional measures.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 13 | 30 |
| 3 | Requesting Procedures | 19 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 21 | 30 |
| 6 | Sanctions & Protections | 7 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 97 | ∑ = 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 | YES | 2 | Constitution of the Republic of Ghana: 21(1) All persons shall have the right to (f) information, subject to such qualifications and laws as are necessary in a democratic society; | Has been interpreted by the courts as clearly covering a right to information. Link to the Constitution available here. |
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 | 1(1) A person has the right to information, subject to the provisions of this Act. | Procedural guarantee but at least only subject to the RTI law |
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 | Partially | 1 | Preamble: AN ACT to provide for the implementation of the constitutional right to information held by a public institution, subject to the exemptions that are necessary and consistent with the protection of the public interest in a democratic society, to foster a culture of transparency and accountability in public affairs and to provide for related matters. | Very weak statement of benefits and no reference to interpretation |
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 | 1(1) A person has the right to information, subject to the provisions of this Act. | Refers to "persons" having the right; not clear if legal persons and non-citizens included. Some benefit of doubt given. |
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 | 80 This Act applies to information which came into existence before, or comes into existence after, the commencement of this Act. 84 "information" includes recorded matter or material, (a) regardless of form or medium, (b) in the possession or under the control or custody of a public institution, and (c) whether or not it was created or made by a public institution and, in the case of a private body, relates to the performance of a public function; | Broad definition of information which also applies retroactively. Limit on private bodies but deemed acceptable because it relates to their public functions and this is what deems them to be covered by this law in the first place. |
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 | N/A | Not really clear; the right applies to information, which covers all recorded material. |
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 | 4 | 79 This Act does not apply to information held by the national archives, libraries and museums to which the public have access. 83(2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector. 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Archives, museums and libraries specifically excluded. No proper definition of "public institution" (only says includes private bodies in certain cases) and definition of "government" is vague, referring generally to the executive. |
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 | 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, | "government" defined only as the executive |
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 | NO | 0 | 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, | "government" defined only as the executive |
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 | NO | 0 | 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, | "government" defined only as the executive and otherwise no indication that SOEs are included, |
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 | 79 This Act docs not apply to information held by the national archives, libraries and museums to which the public have access. 84 "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised, "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Not clear if these would be considered to be part of the executive or otherwise as public institutions. |
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 | YES | 2 | 83(2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector. 84 "public institution" includes a private institution or a private organisation that receives public resources or provides a public function; | Explicitly covers private bodies that receive funding or that provide a public function and the Minister may extend to other private bodies. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 1(3) A person may apply for information without giving a reason for the application. | |
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 | 18(1) An application to access information held by a public institution shall (e) state the name of the applicant, an address to which a communication or notice can be sent, (f) provide identification of the applicant; | Need to provide name and ID |
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 | YES | 2 | 18 (1) An application to access information held by a public institution shall (a) be made in writing to the public institution; (b) contain sufficient description or particulars to enable the information to be identified, (c) indicate the form and manner of access required, (d) state the capacity of the applicant to the satisfaction of the information officer to whom the application is made, if the application is made on behalf of another person, (e) state the name of the applicant, an address to which a communication or notice can be sent, (f) provide identification of the applicant; and (g) be signed by the applicant. (2) Where an applicant is unable to make the application in writing due to illiteracy or a disability, the applicant may make the request orally. (3) Where a request is made orally under subsection (2), the request shall be reduced into writing by the information officer to whom the application is made, who shall give a copy of the written request as recorded and as duly authenticated to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the written request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262); (b) ask a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) ask the applicant to make a thumbprint or a mark on the request. (5) Where an application does not sufficiently describe the information required, the public institution to which the application is made shall so inform the applicant and offer the applicant the necessary assistance to identify the information. (6) Where a public institution receives an application for access, part of which is exempt, the information officer shall disclose to the applicant as much of the information as can reasonably be separated without disclosing the exempt part. (7) For the purposes of this section, the reference to "writing" in subsection (3) includes electronic form and "Braille". | Can make requests in writing or orally, and electronically and in Braille |
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 | 18(5) Where an application does not sufficiently describe the information required, the public institution to which the application is made shall so inform the applicant and offer the applicant the necessary assistance to identify the information. 45(2) In promoting awareness of the right to information, the Commission shall (e) assist an applicant and public institution on matters of interpretation of the Act; | Where request is not clear, assistance must be provided; Commission also required to assist applicants |
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 | YES | 2 | 18(2) Where an applicant is unable to make the application in writing due to illiteracy or a disability, the applicant may make the request orally. (3) Where a request is made orally under subsection (2), the request shall be reduced into writing by the information officer to whom the application is made, who shall give a copy of the written request as recorded and as duly authenticated to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the written request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262); (b) ask a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) ask the applicant to make a thumbprint or a mark on the request. | Must reduce oral requests due to illiteracy or disability into writing and give a copy to the applicant |
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 | NO | 0 | N/A | Not mentioned |
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 | 20 (1) Where a public institution is unable to deal with an application because the information requested (a) is not in the custody or control of the public institution, but to the knowledge of the public institution, it is held by another public institution, or (b) is in the custody of the public institution but it is more closely related to the functions of another public institution, the information officer shall, within two days of the receipt of the application, (c) refer the applicant to the relevant public institution; or (d) transfer the application to the relevant public institution and give written notice of the transfer to the applicant (2) Where a public institution receives a transfer of application under paragraph (b) of subsection (1), the public institution shall notify the applicant of the receipt of the application within three days after the receipt of the application. (3) Where an application for access is made and the public institution to which the application is made does not have the information in its custody, the information officer shall, within a period of not more than ten days, (a) make the necessary enquiry to establish whether any other public institution has the information, and (b) transfer the application to that other public institution if that public institution has the information, and (c) notify the applicant accordingly. (4) A notice of transfer shall state, (a) the date of the transfer, (b) the public institution to which the transfer is made, and (c) the reason for the transfer. (5) An application transferred from one public institution to another is a request for access to information made to the public institution to which the application is transferred on the date the transfer is received. | Unclear regime because duplicative provisions here; also, grounds for transfer too broad and public institution can choose whether to transfer or refer |
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 | 28. (1) Access to information may be given to an applicant (a) by giving the applicant (i) a reasonable opportunity to inspect the information, or (ii) a copy of the information, (b) by making arrangements for the applicant to hear the sounds or view the visual images, in the case of information from which sounds or visual images are capable of being reproduced, whether or not with the aid of another device, (c) by giving the applicant a written transcript of the words recorded in a document, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in the form of sound, (d) by giving the applicant a written transcript of the words in the case of information in which words are contained in the form of shorthand writing or in coded form, (e) by giving the applicant the written form, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in a written form, or (f) in any other form, electronic, magnetic, optical or otherwise, including a computer print-out, various computer storage devices and web portals. (2) Where a request for access to information has been made in a particular form, access to information (a) shall be given in that form, or (b) may be refused if (i) it is likely to be detrimental to the preservation of the information; or (ii) having regard to the physical nature of the information, it is not appropriate to grant access in that form. (3) Where access cannot be given in the form specified by the applicant but can be given in some other form, (a) access shall be given in that other form; and (b) the applicant shall be provided with a reason why access cannot be given in the specified form. (4) For the purposes of subsection (3), the applicant shall not be required to pay a fee which is greater than the fee that the applicant would have paid had access been given in the form requested. | System not quite right - provides for format to follow the way the request was made as opposed to preferences expressed by the applicant - but full points given assuming that the system would be somewhat flexible on this point |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
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 | 22 (1) A public institution may defer access to information if it is information (a) which is required to be published within ninety days from the date of receipt of the application or the transfer of the application, or (b) which has been prepared for submission to any person and is yet to be submitted. (2) Where an application for access is deferred for any of the reasons stated in subsection (1), the information officer shall, within three days after the deferment notify the applicant in writing of (a) the reason for the deferment; and (b) the likely period of the deferment. 23 (1) Where an application for access is received by a public institution, the information officer shall take a decision on the application and send a written notice to the applicant within fourteen days from the date of receipt of the application. (2) The notice shall state (a) whether or not access to the information will be given, and (b) whether access to only a part of the information can be given and the reason for giving only a part. (3) Where the information officer decides to give access, the notice shall state (a) the form or manner in which the access will be given; (b) whether access is to only a part of the information because the other part is exempt information; (c) the day on which the public institution expects the information to be published or submitted, in the case of a deferred access under section 22; and (d) the prescribed fee for the reproduction of information. (4) Where the information officer decides to refuse access, the notice shall state the reason for the refusal and the provision under which the decision for the refusal is based. (5) Where an information officer fails to determine an application within fourteen days after the application is received by the public institution, the application is deemed to have been refused and the applicant has the right to seek redress under sections 31 to 39. (6) Subsection (5) does not apply to an application which has been transferred to another public institution or which the public institution has refused to continue to process for failure to pay the prescribed deposit or fee. (7) Where an application relates to information which reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall, within forty-eight hours, (a) determine whether or not to grant the application, (b) notify the applicant of the decision in writing, and (c) give the applicant access to the information where the application is granted. (8) Despite subsection (7), where the information requested contains third party information, an applicant may not be granted access to that information until · (a) the time that the right of a party to appeal against the release of the information has expired, or (b) an appeal lodged by the third party has been determined. (9) Where upon the perusal of an application, it does not appear to the information officer that the information requested reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall within forty-eight hours of receipt of the application (a) give notice of the decision and reasons for the decision to the applicant, and (b) inform the applicant that, subject to the right of the applicant to apply to the Commission, for a review, the information officer shall make a decision with respect to whether to grant access to the requested information within fourteen days. (10) Where information sought by an application does not exist because a duty is not placed on a public institution by any law to hold or collect the information, or the information has been destroyed in accordance with law, the information officer shall give notice to the applicant stating the reasons. | 14 days (assumed to be working); also, can be deferred for up to 90 days and grounds for deferrals too broad |
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 | YES | 2 | 25 (1) The head of the institution may extend the time provided for dealing with the application for a further period if (a) the application is for a large volume of information or necessitates a search through a large number of records and compliance with the original time limit would unreasonably interfere with the operations of the public institution, (b) the information requested has to be gathered from more than one source, or (c) consultations with a person outside the public institution are required and cannot reasonably be complied with within the time limit. (2) The period of extension shall not exceed seven days from the date when a decision on the application should have been made. (3) Where an extension of time is granted under this section, an information officer shall, within seven days of the receipt of the application, notify the applicant in writing stating, (a) the period of the extension, (b) the reason for the extension, and (c) the right of the applicant to lodge an application for a review under sections 31 to 39 within the prescribed period. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | Not clear; no fee mentioned but also no provision saying free to file |
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 | 75(1) An applicant seeking access to information under this Act shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793). (2) Despite subsection (1), a fee or charge shall not be payable for (a) the reproduction of personal information of the applicant; (b) the reproduction of personal information of a person on whose behalf an application is made; (c) the reproduction of information which is in the public interest; (d) information that should have been provided within the stipulated time under this Act; (e) information to an applicant who is indigent; (f) information to a person with disability; (g) time spent by an information officer or information reviewing officer in reviewing the information requested; (h) time spent by an information officer or information reviewing officer in examining whether the information requested is exempt information; or (i) preparing the information for which access is to be provided. | Fees are set centrally and the rules seem to exclude all time spent by public institutions but no free pages |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 75(2) Despite subsection (1), a fee or charge shall not be payable for (e) information to an applicant who is indigent; (f) information to a person with disability; | No fees for disabled or indigent |
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 | NO | 0 | N/A | Not mentioned |
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 | Partially | 2 | 27 (1) A public institution may refuse access to information if (a) the application is manifestly frivolous or vexatious; or (b) the information is an exempt information. (2) Where an information officer refuses to grant access to information for any of the reasons stated in subsection (1), the information officer shall notify the applicant in writing of the reason upon which the refusal is based. 85 Where an enactment in existence immediately before the coming into force of this Act provides for the disclosure of information by a person or an authority, the disclosure of the information is subject to this Act. | Not at all clear; says information may only be refused based on this Act, and also provides for this Act to dominate in cases of other laws providing for disclosure but never says it overrides other laws. |
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 | 7 | 5(1) Information is exempt from disclosure where the information (a) is prepared for submission or has been submitted to the President or Vice-President for consideration; or (b) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or the Vice-President and is likely to (i) undermine the deliberative process on the part of the President or of the Vice-President; or (ii) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. 6(1) Information is exempt from disclosure where the information (a) is prepared for submission to Cabinet or submitted to Cabinet for consideration, or (b) is at Cabinet, not published or released to the public, and (c) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made and is likely to (i) prejudice the effective formulation or development of government policy; (ii) frustrate the success of a policy by premature disclosure of that policy; (iii) undermine the deliberative process in Cabinet; or (iv) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. (3) Cabinet may publish or grant access to information that is otherwise exempt under this section. (4) For the purposes of this section, Cabinet includes a committee or sub-committee of Cabinet. 7(1) Information is exempt from disclosure where the information contains matters which if disclosed can reasonably be expected to (a) interfere with the prevention, detection or curtailment of a contravention or possible contravention of an enactment, (b) prejudice the investigation of a contravention or possible contravention of an enactment, (c) reveal investigation techniques and procedures in use or likely to be used in law enforcement, (d) disclose the identity of a confidential source of information, matter or the information given by a confidential source in respect of law enforcement, (e) impede the prosecution of an offence, (f) endanger the life or physical safety of a person, (g) prejudice the fair trial of a person or the impartial adjudication of a case, (h) reveal a record of information that has been confiscated from a person by a police officer or a person authorised to effect the confiscation in accordance with an enactment, (i) interfere with the maintenance or enforcement of a lawful method or procedure for protecting the safety of the public, (j) endanger the security of a building, structure or means of transport or a system including computer and communication systems for which security is reasonably required, (k) prejudice the security of a prison or place for lawful detention, (l) facilitate the escape of a person from lawful custody, or (m) prejudice a system or procedure for witness protection or any other procedure for the protection of persons or property where the protection is required. (2) Despite subsection (1), information is not exempt from disclosure where that information (a) consists merely of a report on the outcome of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; (b) contains a general outline of the structures of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; or (c) consists merely of a report on a law enforcement investigation that has already been disclosed to the person who is the subject of the investigation. 8(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the relations between the Government and the government of any other country, (b) reveal information communicated in confidence to a public institution by or on behalf of another government, (c) reveal information communicated in confidence to a public institution by an international organisation or a body of that organisation, (d) reveal information communicated in confidence by a public institution to (i) another public institution in another country or another government; or (ii) an international organisation or a body of that organisation. (2) Despite subsection (1), the exempt information may be disclosed if the President gives prior approval for the disclosure. 9(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the defence of the Republic or a foreign State allied to or friendly with the Republic, or (b) be prejudicial to the detection, prevention or suppression of terrorism, sabotage or espionage. (2) Subject to article 135 of the 1992 Constitution, information created by or in the custody of the Ghana Armed Forces or the security and intelligence agencies established under the Security and Intelligence Agencies Act, 1996 (Act 526) which is likely to threaten the security of the State is exempt information. 10 Information is exempt from disclosure prior to official publication where (a) the information contains trade secrets or financial, commercial, scientific or technical information that belongs to the State or public institution and the information has monetary or a potential monetary value; (b) the disclosure of the information can reasonably be expected to affect the integrity or stability of the financial system or, damage the financial interests of the State or public institution or the ability of the State to manage the national economy; (c) the disclosure of the information can reasonably be expected to cause a disruption of business or trade in the country; (d) the disclosure of the information can unduly benefit or be injurious to a person because it provides prior information about future economic or financial measures to be introduced by the Government or public institution; (e) the information contains criterion, procedure, position or instruction that relates to negotiations being carried on or to be carried on by or on behalf of the State or public institution, the disclosure of which shall be injurious to national security and economic development; or (f) the information contains questions or methodology to be used in an examination, recruitment or selection process and the release is likely to jeopardise the integrity of that examination, recruitment or selection process. 11(1) Information which would reveal a trade secret, research, scientific, technical, commercial, financial or labour related information supplied in confidence is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) prejudice the competitive position of a person, a group of persons or an organisation; (b) adversely affect negotiations with a third party; (c) result in undue loss or gain to a person, a group, a financial institution or any other body; or (d) result in a public institution not being supplied with similar information where it is in the public interest that the similar information be supplied to the public institution. (2) Information which has already been made available to the public by the appropriate person, authority or body is not exempt from disclosure under subsection (1). 12(1) Information obtained from a tax return or gathered for the purposes of determining tax liability is exempt from disclosure. (2) Exempt information under subsection (1), may be disclosed if the person to whom the information relates, agrees to the disclosure. 13(1) Information is exempt from disclosure where the disclosure of the information will reveal (a) an opinion, or an advice given, or (b) a recommendation, consultation or deliberation made to the public institution and is likely to undermine the deliberative process in that public institution. (2) Information which (a) merely contains material that has been publicly mentioned as the basis of a public policy or for formulating public policy, or (b) contains only factual or statistical data, is not exempt from disclosure. 14 Information is exempt from disclosure if its disclosure can reasonably be expected to (a) infringe or contravene a parliamentary privilege, (b) prejudice the fair trial of a person or the impartial adjudication of a case before a court or a quasi-judicial body, or (c) constitute contempt of court or of a quasi-judicial body. 15(1) Information is exempt from disclosure where (a) it is privileged on grounds of (i) lawyer and client professional relationship, (ii) communication between spouses whether married under an enactment or under the common law as defined in clause (2) of article 11 of the Constitution; or (iii) the Evidence Act, 1975 (N.R.C.D. 323); or (b) the disclosure of the information reveals confidential communication between a doctor and a patient or any other medical expert in connection with the medical diagnosis or treatment of the patient. (2) Subsection (1) does not apply where the person entitled to the privilege knowingly waives the privilege. 16(1) Information, the disclosure of which is unreasonable concerning the personal affairs of an individual whether living or deceased is exempt from disclosure. (2) Disclosure is unreasonable if it reveals or is likely to reveal information about the individual's (a) physical or mental health; (b) business or trade secrets of commercial value; or (c) confidential professional, commercial or financial affairs. (3) Disclosure is reasonable if (a) the individual to whom the information relates gives prior consent; (b) the disclosure is required to promote public health or public safety; (c) the disclosure is necessary in order to subject government activities to public scrutiny; (d) the disclosure does not unjustifiably damage the reputation of any other person referred to in the information; (e) the disclosure is made to the individual to whom the information relates; (f) the disclosure does not contravene a provision on exempt information specified in this Act; (g) the disclosure would not have an adverse effect on the affairs of the individual; (h) the disclosure would not prejudice the future supply of information: (i) the information has already been made available to the public by the appropriate person. authority or body; (j) the individual to whom the information relates was informed or made aware prior to supplying the information or that the information belongs to a class of information that will or might be made available to the public; (k) in the case of a deceased person, the applicant is the next of kin or represents the next of kin or is the personal representative of the deceased; or (l) the disclosure is about the physical or mental health or wellbeing of the individual who is under the care of the applicant and who is (i) under the age of eighteen years, or (ii) incapable of understanding the nature of the request and giving access would be in the best interest of the individual. | Internal working information; parliamentary privilege; communication between spouses; other problems here: covers not only confidential sources but also information provided by them; wrong test is used for State economic interests; communications with doctors already covered by privacy; several items listed under privacy are not about privacy |
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 | NO | 0 | 5(1) Information is exempt from disclosure where the information (a) is prepared for submission or has been submitted to the President or Vice-President for consideration; or (b) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or the Vice-President and is likely to (i) undermine the deliberative process on the part of the President or of the Vice-President; or (ii) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. 6(1) Information is exempt from disclosure where the information (a) is prepared for submission to Cabinet or submitted to Cabinet for consideration, or (b) is at Cabinet, not published or released to the public, and (c) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made and is likely to (i) prejudice the effective formulation or development of government policy; (ii) frustrate the success of a policy by premature disclosure of that policy; (iii) undermine the deliberative process in Cabinet; or (iv) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. (3) Cabinet may publish or grant access to information that is otherwise exempt under this section. (4) For the purposes of this section, Cabinet includes a committee or sub-committee of Cabinet. 7(1) Information is exempt from disclosure where the information contains matters which if disclosed can reasonably be expected to (a) interfere with the prevention, detection or curtailment of a contravention or possible contravention of an enactment, (b) prejudice the investigation of a contravention or possible contravention of an enactment, (c) reveal investigation techniques and procedures in use or likely to be used in law enforcement, (d) disclose the identity of a confidential source of information, matter or the information given by a confidential source in respect of law enforcement, (e) impede the prosecution of an offence, (f) endanger the life or physical safety of a person, (g) prejudice the fair trial of a person or the impartial adjudication of a case, (h) reveal a record of information that has been confiscated from a person by a police officer or a person authorised to effect the confiscation in accordance with an enactment, (i) interfere with the maintenance or enforcement of a lawful method or procedure for protecting the safety of the public, (j) endanger the security of a building, structure or means of transport or a system including computer and communication systems for which security is reasonably required, (k) prejudice the security of a prison or place for lawful detention, (l) facilitate the escape of a person from lawful custody, or (m) prejudice a system or procedure for witness protection or any other procedure for the protection of persons or property where the protection is required. (2) Despite subsection (1), information is not exempt from disclosure where that information (a) consists merely of a report on the outcome of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; (b) contains a general outline of the structures of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; or (c) consists merely of a report on a law enforcement investigation that has already been disclosed to the person who is the subject of the investigation. 8(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the relations between the Government and the government of any other country, (b) reveal information communicated in confidence to a public institution by or on behalf of another government, (c) reveal information communicated in confidence to a public institution by an international organisation or a body of that organisation, (d) reveal information communicated in confidence by a public institution to (i) another public institution in another country or another government; or (ii) an international organisation or a body of that organisation. (2) Despite subsection (1), the exempt information may be disclosed if the President gives prior approval for the disclosure. 9(1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the defence of the Republic or a foreign State allied to or friendly with the Republic, or (b) be prejudicial to the detection, prevention or suppression of terrorism, sabotage or espionage. (2) Subject to article 135 of the 1992 Constitution, information created by or in the custody of the Ghana Armed Forces or the security and intelligence agencies established under the Security and Intelligence Agencies Act, 1996 (Act 526) which is likely to threaten the security of the State is exempt information. 10 Information is exempt from disclosure prior to official publication where (a) the information contains trade secrets or financial, commercial, scientific or technical information that belongs to the State or public institution and the information has monetary or a potential monetary value; (b) the disclosure of the information can reasonably be expected to affect the integrity or stability of the financial system or, damage the financial interests of the State or public institution or the ability of the State to manage the national economy; (c) the disclosure of the information can reasonably be expected to cause a disruption of business or trade in the country; (d) the disclosure of the information can unduly benefit or be injurious to a person because it provides prior information about future economic or financial measures to be introduced by the Government or public institution; (e) the information contains criterion, procedure, position or instruction that relates to negotiations being carried on or to be carried on by or on behalf of the State or public institution, the disclosure of which shall be injurious to national security and economic development; or (f) the information contains questions or methodology to be used in an examination, recruitment or selection process and the release is likely to jeopardise the integrity of that examination, recruitment or selection process. 11(1) Information which would reveal a trade secret, research, scientific, technical, commercial, financial or labour related information supplied in confidence is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) prejudice the competitive position of a person, a group of persons or an organisation; (b) adversely affect negotiations with a third party; (c) result in undue loss or gain to a person, a group, a financial institution or any other body; or (d) result in a public institution not being supplied with similar information where it is in the public interest that the similar information be supplied to the public institution. (2) Information which has already been made available to the public by the appropriate person, authority or body is not exempt from disclosure under subsection (1). 12(1) Information obtained from a tax return or gathered for the purposes of determining tax liability is exempt from disclosure. (2) Exempt information under subsection (1), may be disclosed if the person to whom the information relates, agrees to the disclosure. 13(1) Information is exempt from disclosure where the disclosure of the information will reveal (a) an opinion, or an advice given, or (b) a recommendation, consultation or deliberation made to the public institution and is likely to undermine the deliberative process in that public institution. (2) Information which (a) merely contains material that has been publicly mentioned as the basis of a public policy or for formulating public policy, or (b) contains only factual or statistical data, is not exempt from disclosure. 14 Information is exempt from disclosure if its disclosure can reasonably be expected to (a) infringe or contravene a parliamentary privilege, (b) prejudice the fair trial of a person or the impartial adjudication of a case before a court or a quasi-judicial body, or (c) constitute contempt of court or of a quasi-judicial body. 15(1) Information is exempt from disclosure where (a) it is privileged on grounds of (i) lawyer and client professional relationship, (ii) communication between spouses whether married under an enactment or under the common law as defined in clause (2) of article 11 of the Constitution; or (iii) the Evidence Act, 1975 (N.R.C.D. 323); or (b) the disclosure of the information reveals confidential communication between a doctor and a patient or any other medical expert in connection with the medical diagnosis or treatment of the patient. (2) Subsection (1) does not apply where the person entitled to the privilege knowingly waives the privilege. 16(1) Information, the disclosure of which is unreasonable concerning the personal affairs of an individual whether living or deceased is exempt from disclosure. (2) Disclosure is unreasonable if it reveals or is likely to reveal information about the individual's (a) physical or mental health; (b) business or trade secrets of commercial value; or (c) confidential professional, commercial or financial affairs. (3) Disclosure is reasonable if (a) the individual to whom the information relates gives prior consent; (b) the disclosure is required to promote public health or public safety; (c) the disclosure is necessary in order to subject government activities to public scrutiny; (d) the disclosure does not unjustifiably damage the reputation of any other person referred to in the information; (e) the disclosure is made to the individual to whom the information relates; (f) the disclosure does not contravene a provision on exempt information specified in this Act; (g) the disclosure would not have an adverse effect on the affairs of the individual; (h) the disclosure would not prejudice the future supply of information: (i) the information has already been made available to the public by the appropriate person. authority or body; (j) the individual to whom the information relates was informed or made aware prior to supplying the information or that the information belongs to a class of information that will or might be made available to the public; (k) in the case of a deceased person, the applicant is the next of kin or represents the next of kin or is the personal representative of the deceased; or (l) the disclosure is about the physical or mental health or wellbeing of the individual who is under the care of the applicant and who is (i) under the age of eighteen years, or (ii) incapable of understanding the nature of the request and giving access would be in the best interest of the individual. | Information for the President; information relating to Cabinet; information affecting international relations; information relating to tax |
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 | YES | 4 | 17(1) Despite a provision of this Act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of (a) a contravention of, or a failure to comply with a law; (b) an imminent and serious threat to public safety, public health or morals, the prevention of disorder or crime or the protection of the rights or freedoms of others; (c) a miscarriage of justice; (d) an abuse of authority or a neglect in the performance of an official function; or (e) any other matter of public interest and the benefits of disclosure clearly outweigh the harm or danger that the disclosure will cause. (2) A person who discloses information or authorises the disclosure of information under this section is not liable in criminal or civil proceedings for the disclosure or authorisation of the disclosure of information under this section. | Full points given here but the text - benefits clearly outweigh harm - is not ideal |
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 | Partially | 1 | 78(1) Information classified as exempt information under sections 5 to 16 ceases to be exempt information on the expiry of thirty years calculated from the end of the calendar year in which the information came into existence. (2) On the expiry of the period specified in subsection (1), a person may seek access to the information and the public institution which has custody of the information shall give access in accordance with the procedure established under this Act, except that where disclosure of the information will endanger the life or physical safety of an individual, public safety, national security, national economic interest and international relations with any other country the information shall not be disclosed. | 30 years and it includes a massive clawback for all sorts of information |
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 | Partially | 1 | 23(8) Despite subsection (7), where the information requested contains third party information, an applicant may not be granted access to that information until (a) the time that the right of a party to appeal against the release of the information has expired, or (b) an appeal lodged by the third party has been determined. 33(4) Where the head of the public institution decides to release information that contains third party information, the applicant shall not be granted access to that information unless (a) the third party has been notified of the request and has consented to the release of the information; or (b) any appeal lodged against the release of the information by the applicant has been determined. (5) Where the head of the public institution decides to release the information despite the disapproval of the third party, the head of the public institution shall inform the third party in writing. 34(1) Where the head of a public institution receives a notice from the Commission of a hearing or an investigation pending before the Commission, the head of the public institution shall inform the Commission of all third parties to whom the information relates. (2) Subject to subsection (3), the Commission shall issue the directions that are necessary to ensure, to the extent reasonably possible that, third parties whose matters are before the Commission are notified of hearings or investigations. (3) The Commission may dispense with the notification to third parties where the Commission considers it necessary. | Clear provisions on notice to third parties but release delayed until all appeal procedures available to third party are exhausted |
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 | 18(6) Where a public institution receives an application for access, part of which is exempt, the information officer shall disclose to the applicant as much of the information as can reasonably be separated without disclosing the exempt part. | |
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 | Partially | 1 | 23(2) The notice shall state (b) whether access to only a part of the information can be given and the reason for giving only a part. (4) Where the information officer decides to refuse access, the notice shall state the reason for the refusal and the provision under which the decision for the refusal is based. 27(2) Where an information officer refuses to grant access to information for any of the reasons stated in subsection (1), the information officer shall notify the applicant in writing of the reason upon which the refusal is based. | Reasons but no mention of notice about the right to appeal. |
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 | 31 Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution. 32(1) An application for internal review shall be made within thirty days of the receipt of the decision of an information officer. (2) An application for internal review (a) may be in writing; (b) may be made orally; (c) shall be addressed to the head of the public institution; and (d) shall state the request and the decision of the information officer which is the subject of the application for internal review. (3) Where an applicant makes a request for internal review, the information officer shall put the oral request into writing and provide a copy of the written request to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (CAP 262); (b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) require the applicant to make a thumbprint or a mark on the request. (5) Where a request for internal review referred to in subsection (1) is lodged after the expiry of thirty days, the information officer may, upon good cause shown, allow the late lodging of the request. (6) On the receipt of a request for internal review, the information officer shall, as soon as practicable, but in any event within five days after receipt of the request, (a) submit to the head of the public institution (i) the request for internal review; (ii) the reasons of the information officer for the decision; and (iii) the application that is the subject of the review; and (b) notify the applicant and other interested persons in writing of the submission of the records to the head of the public institution. 33(1) The head of the public institution to whom a request for internal review is made shall, as soon as reasonably practicable, but in any event within fifteen days of receipt of the request (a) make a decision; and (b) notify the applicant of that decision in writing. (2) Where the head of the public institution determines that access should be granted, the notice referred to in subsection (1) shall state (a) the fee payable; and (b) the form in which access will be given. (3) Subject to subsection (4), where the applicant has been notified that access to the information has been granted, that applicant shall, upon payment of the prescribed fee or where no fee is payable, be given access to the information. (4) Where the head of the public institution decides to release information that contains third party information, the applicant shall not be granted access to that information unless (a) the third party has been notified of the request and has consented to the release of the information; or (b) any appeal lodged against the release of the information by the applicant has been determined. (5) Where the head of the public institution decides to release the information despite the disapproval of the third party, the head of the public institution shall inform the third party in writing. (6) Where the head of the public institution refuses access to the information, the head of the public institution shall notify the applicant in writing. (7) The notice to the applicant shall (a) state the reason for the refusal based on the (i) contents of the request; and (ii) the information considered by the head of the public institution; (b) contain a reference to the specific provision of this Act relied on; and (c) inform the applicant of the right to apply to the Commission for a review of the decision in accordance with section 65 and the process of lodging that appeal. 35 Where the head of the public institution fails to give a decision on a request for internal review within fifteen days, the head of that public institution is deemed to have affirmed the original decision of the information officer. | |
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 | 65(1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision. (2) An application to the Commission may be made orally or in writing. (3) Where an application is made orally, the Commission, shall reduce the oral application into writing and provide a copy of the written record to the applicant. (4) Where the applicant is illiterate and the application has been reduced into writing, the information officer at the commission shall (a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262); (b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request" and (c) ask the applicant to make a thumbprint or mark on the request. 66 Subject to subsections (1) and (2) of section 65, an application to (a) the Commission for a review of the decision of a public institution shall only be made to the Commission after the applicant has exhausted all rights of internal review offered by the public institution or relevant private body, | |
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 | Partially | 1 | 48(1) The governing body of the Commission is a Board consisting of (a) a chairperson; (b) one deputy chairperson; (c) four other persons, two of whom are women; and (d) the Executive Secretary. (2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. 49(1) A member of the Board shall hold office for five years and is eligible for re-appointment for another term only. (2) A member of the Board may, at any time, by notice in writing to the President resign from office. (3) The Commission shall notify the President of vacancies which occur in the membership of the Board within two months of the occurrence of the vacancy. (4) The President may, by a letter addressed to a member of the Board, terminate the appointment of that member where that member (a) is mentally or physically incapable of performing the functions and duties of the office; (b) is declared insolvent; (c) has engaged in gross misconduct or has been involved in actions that bring the Commission into disrepute; (d) is convicted of a serious offence; or (e) is grossly incompetent. (5) The President shall not terminate the appointment of a member of the Board unless the President has caused to be investigated an allegation made against that member and the allegation has been proven. 55(2) The President shall, in accordance with article 195 of the Constitution appoint the Executive Secretary for the Commission. 57 The President may, in accordance with article 195 of the Constitution, appoint officers and other employees that are necessary for the effective implementation of the functions of the Commission. 58(1) The President shall, in accordance with article 195 of the Constitution, appoint a Secretary to the Board. | Only limited rules on appointments and relatively weak protection against removal. President also appoints the Executive Secretary, Secretary and even staff. |
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 | Partially | 1 | 42(3) The Commission shall through the Minister responsible for Finance, submit the budget of the Commission to Parliament for approval annually. 53 Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance. 60 The funds of the Commission include (a) moneys approved by Parliament; (b) administrative penalties imposed by the Commission; and (c) donations, gifts and grants. 61 The moneys for the Commission shall be paid into a bank account opened for that purpose with the approval of the Controller and Accountant General. 62 The expenses of the Commission shall be paid from moneys provided for the Commission under section 60. 63(1) The Commission shall keep the books, records, returns and other documents relating to the accounts of the Commission in the form approved by the Auditor-General. (2) The Commission shall submit the accounts of the Commission to the Auditor-General for audit within six months after the end of the financial year. (3) The Auditor-General shall, not later than six months, after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Commission and the Board. (4) The financial year of the Commission shall be the same as the financial year of the Government. | Does present the budget to parliament and presumably the latter approves it but not as clear as it should be. Allowances for members approved by ministers. |
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 | Partially | 1 | 48(3) The President shall, in appointing a member of the Board, have regard to the expertise of the person. | Only very limited requirements of expertise. |
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 | 43(2) The Commission shall have the power to (f) require the production of information to which access has been refused on the basis of an exemption for the purpose of deciding whether it is an information exempt from disclosure; 44 To achieve its object, the Commission shall (a) issue written orders requesting for the production of information; (b) examine, reproduce, take extracts from or hold information for unlimited periods, including information found in any premises entered pursuant to an inspection conducted by the Commission in the performance of the monitoring function of the Commission; | Has the power to order production of information and compel witnesses but no reference to inspection |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 71(1) The Commission shall issue binding orders or make recommendations on a matter before the Commission. (4) The Commission may issue directives that the Commission considers necessary for the enforcement of its decisions. | The Commission may issue either binding orders or recommendations and directives to ensure enforcement of its decisions |
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 | 71(2) A decision of the Commission may include (a) an affirmation of the decision of the information holder; (b) a variation of the type of access originally granted or requested; (c) setting aside the decision of the public institution or relevant private body; (d) making a ruling; (e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act; (f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act; (g) mandating negotiation, conciliation and arbitration for the purpose of the resolution of a complaint; or (h) any other summary order it considers just and equitable. | Fairly broad array of remedies including other orders "it considers just and equitable" |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 36(1) Where an applicant is refused access to information by a public institution (a) because the disclosure will be (i) prejudicial to the security of the State, or (ii) injurious to the public interest, or (b) for any other reason, the applicant may apply to the High Court for a judicial review of the decision. (2) The application for judicial review shall be lodged within twenty-one days after refusal of the application. 37(1) In addition to its powers under the Constitution, the High Court may, in respect of an application for judicial review under section 36, (a) require the relevant information under the control of the public institution to be produced before it for examination and scrutiny, (b) enter and inspect premises occupied by the public institution concerned in the judicial review, (c) require to see original documents, and (d) summon and examine on oath a person who the High Court considers may have information relevant to the judicial review. (2) The proceedings of the High Court shall be held in camera and the High Court may prohibit the publication of information relating to the proceedings. (3) The High Court shall not, in the course of a review, disclose to a party other than the representative of the public institution and the Attorney-General, information which is exempt from disclosure under this Act. 38(1) The High Court may, after hearing the application and presentations made before it, make an appropriate order. (2) Where the High Court orders that the applicant be given access to information, the High Court shall specify the period within which the access shall be given. 66 Subject to subsections (1) and (2) of section 65, an application to (b) the High Court for a review of the decision of a public institution shall only be made after the applicant has exhausted all rights of review by the Commission. | |
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 | Partially | 1 | 71(3) The Commission shall (b) make a copy of the statement, findings and reasoning available to parties to the matter free of charge. | Not mentioned but it can be assumed that appeals are at least free because decisions are provided for free |
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 | Partially | 2 | 31 Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution. 36(1) Where an applicant is refused access to information by a public institution (a) because the disclosure will be (i) prejudicial to the security of the State, or (ii) injurious to the public interest, or (b) for any other reason, the applicant may apply to the High Court for a judicial review of the decision. 65(1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision. | Only for "decisions" for internal appeals and appeals to the Commission and for refusals to the courts |
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 | Partially | 1 | 68(1) In a matter before the Commission. reasonable opportunity shall be given to (a) the applicant; (b) the head of the public institution or relevant private body concerned; and (c) a third party, if the information requested contains third party information and the third party can be reasonably located. (2) The Commission shall uphold the right of the public to be present during a hearing except when. in the view of the Commission, the circumstances dictate that the hearing should be held in camera. 69(1) The Commission shall serve notice on all relevant parties of (a) its findings on (i) an investigation, or (ii) monitoring, (b) its summary findings, (c) an application, (d) a decision on a hearing, or (e) a referral to an appropriate Court, including a right of appeal. (2) Where in the view of the Commission, service of the notice of the finding will cause prejudice as a result of the sensitive nature of the exempt information, the Commission shall amend the finding in the appropriate manner. (3) The Commission may decide to dispense with notification where giving notice may (a) prejudice the conduct of an investigation of a breach or possible breach of the law; (b) prejudice the enforcement or administration of the law; (c) endanger the life or physical safety of a person, (d) cause substantial prejudice to the commercial interests of a private individual or a private business; or (e) impair relations between Ghana and other States. | Procedures but no time limits |
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 | 72(1) Subject to subsection (3), the public institution or relevant private body shall bear the burden of proof. (2) Where the public institution or relevant private body refuses to grant access to information, that public institution or relevant private body shall be required to prove that (a) the information requested is exempt from disclosure under this Act; and (b) more harm would be caused by the release of the information to the applicant over and above the public interest in the release of the information. | |
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 | Partially | 1 | 71(2) A decision of the Commission may include (e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act; | Not very clear but a general power to require public institutions to take steps necessary to comply with the Act |
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 | 43(2) The Commission shall have the power to (c) make any determination as the Commission considers just and equitable including issuing recommendations or penalties in matters before the Commission; 81 A person who wilfully discloses information which is exempt from disclosure under this Act commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than six months and not more than three years or to both. 82(1) A failure or neglect by an information officer or other public officer to perform a function authorised by this Act where the occasion arises to perform that function constitutes a gross misconduct. (2) A person who (a) seeks or gains access to the personal record of another person under false pretences. (b) wilfully makes a false statement (i) to mislead any other person in order to gain access, or (ii) to gain access to information, or (c) with intent to deny right to information. (i) destroys, damages, alters or conceals a document, or (ii) makes a false entry in a document, commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both the fine and the term of imprisonment. | But sanctions in 81 for disclosing exempt information which is not necessary or helpful. |
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 | YES | 2 | 43(2) The Commission shall have the power to (c) make any determination as the Commission considers just and equitable including issuing recommendations or penalties in matters before the Commission; 71(2) A decision of the Commission may include (f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act; | Commission can levy an administrative penalty against public institutions for failing to meet their obligations. |
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 | Partially | 1 | 17(2) A person who discloses information or authorises the disclosure of information under this section is not liable in criminal or civil proceedings for the disclosure or authorisation of the disclosure of information under this section. 74(1) An information officer is not liable to any action, claim, suit or demand whether criminal or civil for an omission or action taken by that information officer who. in the course of duty provides information to an applicant or in compliance with the provisions of this Act. (2) The giving of information under this Act or the making of a decision to give information does not constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the information by the person to whom information is given. | Protection for disclosing on public interest grounds and then for information officers but not for all staff. |
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 | 67(4) A staff member or a public institution or a relevant private body, who wishes to report a wrongdoing under this Act, may contact the Commission without exhausting any applicable internal procedures. | Only protects the right to report to the Commission. Ghana also has a Whistleblower Act. |
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 | 3(3) A public institution shall (b) establish an information unit headed by an information officer who shall facilitate access to information. 73 For the purposes of this Act, an information officer of a public institution or an officer designated as an information officer shall perform the functions assigned to an information officer under this Act. | |
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 | 41 The object of the Commission is to (a) promote, (b) monitor, (c) protect, and (d) enforce the right to information that is granted to a person under paragraph (f) of clause (1) of article 21 of the Constitution and the provisions of this Act. 45(2) In promoting awareness of the right to information, the Commission shall (a) assess all implementation plans required to be submitted by public institutions to the Commission to ensure public institutions have clear obligations and processes which support awareness raising and education interventions at community level including disadvantaged groups; (b) consult and collaborate with civil society organisations and interest groups; (c) provide recommendations and guidelines to a public institution for internal training of personnel, and provide training on request; (d) monitor internal training of staff within public institutions and issue notices for mandatory training where necessary; (e) assist an applicant and public institution on matters of interpretation of the Act; (f) develop the material that it considers necessary to advance promotion of access to information; and (g) make public and widely disseminate its annual report. | The Commission has broad promotional responsibilities |
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 | 45(1) The Commission shall (a) promote and sustain awareness within the country, and (b) in collaboration with other State institutions educate the public on the right to information. (2) In promoting awareness of the right to information, the Commission shall (a) assess all implementation plans required to be submitted by public institutions to the Commission to ensure public institutions have clear obligations and processes which support awareness raising and education interventions at community level including disadvantaged groups; (b) consult and collaborate with civil society organisations and interest groups; (c) provide recommendations and guidelines to a public institution for internal training of personnel, and provide training on request; (d) monitor internal training of staff within public institutions and issue notices for mandatory training where necessary; (e) assist an applicant and public institution on matters of interpretation of the Act; (f) develop the material that it considers necessary to advance promotion of access to information; and (g) make public and widely disseminate its annual report. | The Commission has a direct educational role in collaboration with other actors |
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 | Partially | 1 | 83(1) The Minister may, in consultation with the Board, by legislative instrument, make Regulations (a) making it obligatory for public institutions and private organisations to maintain their records in good and accessible condition in order to facilitate access to information; | Minister may issue mandatory records management rules |
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 | Partially | 1 | 3(1) A public institution shall, within twelve months from the date of the coming into force of this Act, and every twelve months after that date, compile and publish an up-to-date information in the form of a manual. (2) The manual shall contain (b) a list of the various classes of information which are prepared by or are in the custody or under the control of each public institution; | List of classes of information |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 45(2) In promoting awareness of the right to information, the Commission shall (c) provide recommendations and guidelines to a public institution for internal training of personnel, and provide training on request; (d) monitor internal training of staff within public institutions and issue notices for mandatory training where necessary. | Commission can monitor training but also issue mandatory notices for training |
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 | 47(1) A public institution or a relevant private body shall provide the reports that are required under this Act to the Commission. (2) The Commission shall (e) following public consultation, develop and publicise guidelines which detail the reporting requirements that apply to a public institution or a relevant private body. (3) The reporting requirements referred to in paragraph (e) of subsection (2) include the manner, means and time frames that apply to a public institution or a relevant private body. 77(1) A public institution shall, within sixty days after the 31st of December each year, submit a written report on the activities of the public institution under this Act during the preceding year to the Commission. (2) The report shall include (a) the number of applications for information during the reporting period; (b) the number of applications approved and the number rejected together with the reasons for the rejection; (c) the number of reviews requested, the number granted and the number dismissed together with reasons; and (d) the number of applications to the Court for judicial review and the results of the reviews, if any. (3) The Minister may in writing request for any other information which the Minister considers necessary for the purposes of submitting a comprehensive report to Parliament. (4) The Minister shall by the 30th of June each year, lay before Parliament, an annual report on the activities of public institutions and the Commission in respect of the preceding year based on the annual reports of the public institutions. | |
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 | 46(2) The Commission shall in its annual report to Parliament include a report covering reports of recommendations for any research and reform undertaken by the Commission. 64(1) The Commission shall within thirty days after the receipt of the audit report submit to the Minister an annual report covering the activities and the operations of the Commission for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report, submit the annual report to Parliament with a statement that the Minister considers necessary. (4) The Commission shall also submit to the Minister any other report which the Minister may require in writing. |
