This law scored quite well, but there are some uncertainties as to whether it belongs on this ranking. Because we were unable to locate an expert for Antigua and Barbuda, we have been unable to properly confirm whether this law has in any way been implemented, or is even properly on the books. Although this methodology does not purport to measure implementation, this may be an exceptional case in that some indications we have received back from regional experts are that the law is purely theoretical. As is currently stands the law is not without its problems, including vague rules on access fees and that not all exceptions are harm tested. In general though, this is one of the stronger laws in the Americas, and we can only hope that if it has not been implemented yet it is on its way to becoming so.

With the colaboration of:

Antigua > Right To Access

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	NO		Not in constitution.
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	Partially		The use of the words "maximum disclosure" warrants a point.
3	3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law 3.2 The legal framework emphasises the benefits of the right to information?	3.1(Y/N - max 1 point) 3.2 (Y/N - max 1 point)	2	YES		1 - in the explanatory memorandum 1 - in the explanatory memorandum

Antigua > Scope

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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		Art 15 - all persons, no mention of legal persons.
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	NO		Art 4(1) is sufficiently broad.
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	YES		Art 4(1) - applies to information in any form - implies the right to ask questions. This is reinforced by the wording of 16(2)(a).
7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration 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	YES		Art 3 - includes the ministries and their departments, the local authorities, and "the government". Definition of "government" is not given. Under the circumstances I would presume that this includes the executive as a whole, since there are no listed exceptions. Local government and ministries are also enumerated, as well as any body created by law or statute. No exclusions – 8 points.
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	YES		Not specifically enumerated - but the legislature and senate should be covered since they're established by the constitution.
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		Art 7(c) and 7(d)
10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	YES		Art 3(1)(d)(ii)
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		Art 3(1)(d)(I), but does not apply to commissions of inquiry (Art 7(a))
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		Art 3(1)(d)(ii) and (iii)

Antigua > Requesting Procedures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES		17(4)
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	YES		Request made in writing, and requires only the information necessary to identify the document.
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	NO		Procedure is vague.
16	Public officials are required 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		17(2)
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		17(3)
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	YES		17(8)
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		Art 22 allows for transfers - but these are not obligatory and the original timeline does not apply.
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		Art 21
21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES		18(1)
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		18(1) - 20 working days.
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		18(3) limits extensions reasonably, with requirement for notification.
24	It is free to file requests.	Score: No=0, Yes=2 points	2	Partially		Art 20 allows the gov't to charge for the cost of searching - but it's unclear as to whether or not requests are free to file.
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 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	NO		Art 14(c) - fees are not centrally set. Art 16(1)(a) allows officials to charge separate access fees for some information. 20(1) limits fees to the cost of searching for, preparing and communicating the information. All of these violation international best practicses.
26	There are fee waivers for impecunious requesters	---	2	NO		20(3)(c) suggests this may be addressed in the regulations, but it's not stated here.
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	YES

Antigua > Exceptions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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	YES		Art 6(1)
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. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.	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		Art 7(b) allows the legislature to exempt any public authority via a resolution.
30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	Partially		Art 26 - personal information isn't specifically harm tested - but the fact that they mention that the disclosure must be "unreasonable" makes it ok. 33(2) - cabinet deliberations. 28(b)(I) - trade secrets.
31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially		Art 24 - a strong public interest override, but this does not apply to exemptions in Art 7 or 23.
32	Information must be released as soon as an exception ceases to apply (for example, for 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		Art 34 - exceptions cease to apply when the harm ceases, but the sunset period of 30 years is too long.
33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	NO		No such procedures.
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		Art 25
35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES		19(b) and (d)

Antigua > Appeals

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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	NO		No internal 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		Art 41
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 they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	YES		Art 35 - Appointed by GG with approval of both houses on recommendation of PM. Requires agreement of GG, PM and both houses for a dismissal.
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		Art 38 - commissioner is independent and reports to noone. No mention of budgetary independence.
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		Art 35 - Cannot be a politician or employee or office holder of a political party.
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		Art 44 - can review documents and compel witnesses, but no mention of inspecting premises.
42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES		Art 43, Art 46
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		43(1)(b)
44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES		Art 45
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		No mention of whether the application is free. The fact that it is merely in the form of a written complaint suggests that no lawyer is needed.
46	The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	YES		Art 41 provides broad grounds of appeal.Art 41 provides broad grounds of appeal.
47	Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).	Score 1 point for clear procedures, 1 point for timelines.	2	YES		Art 42 - clear procedure and timeline
48	In the appeal process (oversight/judicial/) 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		Art 42(3)
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 record management)	1 for partial, 2 for fully.	2	YES		Art 42(4) and 43.

Antigua > Sanctions & Proteccions

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
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		Art 48
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		42(4)(d) - commissioner can impose fines or training programs upon offending bodies.
52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	YES		Art 40
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		Art 47

Antigua > Promotional measures

Indicator	Description	Scoring instructions	MAX score	Findings	Points	Article	Comments
54	Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES		Art 9(1)
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		Art 37
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		Art 8(!)
57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	YES		9(2)(b) - Information Officers are meant to implement this. Reinforced by 12(1).
58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	NO
59	Training programs for officials are required	Score Y/N, Y=2 points	2	YES		Art 13
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		Art 14
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		Art 39 - commissioner presents their report to the minister, minister lays it before parliament.