Country

Guyana

Guyana

Name of law : Access to Information Act
First adopted : 2013

Section Max ScoreScore
Right of Access 6 4
Scope 30 15
Requesting procedures 30 16
Exceptions 30 10
Appeals 30 9
Sanctions 8 4
Promotional measures 16 11
TOTAL 150 69

Introduction:
Areas of Strength: 1. Information Commissioner has relatively strong powers. 2. Provisions of the law call for a broad interpretation of the right to information. 3. Clear and appropriate procedures are in place for consulting with third parties. Areas for Improvement: 1. Law is full of loopholes and self-contradictions. 2. Role of the Information Commissioner is unclear. 3. Many exceptions are illegitimate or are not harm tested.
Right of Access

Indicator

Description

Scoring instructions
MAX score
Findings

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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 No mentioned
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=22 YES Access limited only by exceptions and necessary exemptions
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 3. (1) The objective of this Act is to extend the right of members of the public to access information in the possession of public authorities by – (a) creating a general right of access to information in documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by public authorities; and (b) making available to the public, information about the operations of public authorities and, in particular, ensuring that the authorisations, policies, rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those authorisations, policies, rules and practices. (2) The provisions of this Act shall be interpreted so as to further the objective set out in subsection (1) and any discretion conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information. AN ACT to provide for setting out a practical regime of right to information for persons to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of the Government and public authorities and for the appointment of the Commissioner of Information, 1. Section 3(2) does this well. 2. Preamble - promote transparency and accountability in government




Scope

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MAX score
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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 NO 12. (1) Notwithstanding any law to the contrary and subject to the provisions of this Act, it shall be the right of every Guyanese citizen or person domiciled in Guyana to obtain access to an official document. 12 - only Guyanese citizens and residents
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 Partially 2. “In this Act – (…) “document” – (a) has the same meaning as in section 89 A of the Evidence Act – “document includes – (i) books, maps, plans, graphs, drawings and photographs, (ii) any disc, tape, soundtrack or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (iii) any film, negative, tape or other device in which one or more visual images embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom”, (b) includes any copy of a record which can be reproduced from a machine readable record under the control of a public authority however generated, such copy being deemed to be a record under the control of the public authority, “exempt document” means a document referred to in Part V,(…)” 14. "(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - (...) (i) a record of an elected official of a local authority that is not in the custody or control of the local authority;(...) (4) Nothing in this Act shall be construed as compelling a public authority to disclose or make available any information or record created before the commencement of this Act." 2 - "documents" definition seems relatively broad, and "information" and "record" are also quite broad - any material that can be accessed. But 14(1)(i) exempts records of local authorities not under their custody or control. 14(4) only applies the act to information created after its passage - a major problem.
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 information2 YES 2. “In this Act – (…) “document” – (a) has the same meaning as in section 89 A of the Evidence Act – “document includes – (i) books, maps, plans, graphs, drawings and photographs, (ii) any disc, tape, soundtrack or other device in which sound or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (iii) any film, negative, tape or other device in which one or more visual images embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom”, (b) includes any copy of a record which can be reproduced from a machine readable record under the control of a public authority however generated, such copy being deemed to be a record under the control of the public authority, “exempt document” means a document referred to in Part V,(…)” 2 - "documents" allows for the production of new records.
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 Partially 14. "(1) Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including court administration records, but does not apply to the following - (...) (f) material placed in the archives of the Government of Guyana by or for a person or agency other than a public authority;(...)" 2 - public authority includes cabinet, ministries, local democratic organs, regional health authorities, statutory bodies assigned to a minister. But does not apply to the president. 4(2) also excludes the military, police, fire and prison services - costing them the max 3 points. 14(1)(f) exempts some archival information
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 government4 Partially Article 2"public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 14(1).(c) a record that is created by or for, or is in the custody or control of, an officer of the National Assembly and that relates to the exercise of that officer's functions under any law or standing orders or the disclosure of which will amount to a breach of privilege; 2 -"public authority" includes the national assembly. However - 14(1)(c) exempts officers of the national assembly.
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 government4 Partially Article 2""public authority" means - (...)(b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction;(...)" 4(2). For the purposes of this Act- (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters which relate to court administration, shall be regarded as part of a public authority; (c) the disciplined forces in relation to their strategic or operational activities shall not be regarded as public authorities. 2 - courts are included as public authorities, but 4(2) limits that to administrative information
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 all2 YES "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 2 - included within public authorities
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 all2 Partially "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 2 - public authority includes any commission established by law, but not commissions created by the president.
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 Partially "public authority" means – (a) the National Assembly inclusive of parliamentary committees subject to the Standing Orders; (b) subject to section 4(2), the Caribbean Court of Justice, the Court of Appeal, the High Court, the Income Tax Board of Review or a Court of summary jurisdiction; (c) the Cabinet as constituted under the Constitution; (d) a Ministry or a department or division of a Ministry; (e) Local Democratic Organs established under the Municipal and District Councils Act, Local Government Act, Local Democratic Organs Act; (f) a Regional Health Authority established under the Regional Health Authorities Act 2005; (g) a statutory body, responsibility for which is assigned to a Minister; (h) a company incorporated under the laws of Guyana which is owned or controlled by the State; (i) a Constitutional Commission or any other Commission established by law; or (j) a body corporate or an unincorporated entity – (i) in relation to any function which it exercises on behalf of the State; (ii) which is established by or on behalf of the State; or (iii) which is supported, directly or indirectly, by Government funds and over which Government exercises control 2 - public authority includes any body corporate which exercises government function or acts on behalf of the state, but only applies to private bodies receiving funds from the state if the state controls them.

Requesting Procedures

Indicator

Description

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MAX score
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Article

Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES See application form
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 NO Requesting form requires address and telephone number.
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 16. (1) A person who wishes to obtain access to an official document shall make a request in the form - (a) set out in the Schedule; or (b) on the website of, or by other electronic means to, the Commissioner of Information. 16(1) allows electronic requests. Form is required only for non-electronic requests.
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 procedures2 YES 17. The Commissioner of Information, in collaboration with the relevant public authority, shall take reasonable steps to assist any person who - (a) wishes to make a request under section 16; or (b) has made a request which does not comply with the requirements of section 16(2), and shall afford that person an opportunity, to make a request in a manner which complies with that section. 17 - any reasonable assistance
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=02 YES 17. The Commissioner of Information, in collaboration with the relevant public authority, shall take reasonable steps to assist any person who - (a) wishes to make a request under section 16; or (b) has made a request which does not comply with the requirements of section 16(2), and shall afford that person an opportunity, to make a request in a manner which complies with that section. 17 - any reasonable assistance
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 Partially 18. (1) On receipt of a request, the Commissioner of Information shall acknowledge receipt of the request within thirty days from the date of its receipt and advise the applicant if the request is approved or denied within sixty days from the date the request is received. 18 - acknowledgement within 30 days
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 transfers2 NO No mentioned
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 limitations2 YES Article 2. "In this Act - (...)"right of access to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to – (a) inspect any work, documents or records; (b) take notes, extracts or certified copies of documents or records; (c) take certified samples of material; (d) obtain information in any digital or electronic mode or through printouts where such information is stored in a computer or in any other similar device;(...)" Article 16 (3). A request may specify in which of the forms described in section 20 the applicant wishes to be given access. Article 20(3) Subject to this section and to section 19(2), where the applicant has requested access in a particular form, access shall be given in that form. 2 - Definition of "right of access to information". See also 16(3) and 20(3).
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 NO Not mentioned.
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 NO 18 (1) Time limit for determining request " On receipt of the request, the Commissioner of Information shall acknowledge receipt of the request within thirty days from the date of its receipt and advise the applicant if the request is approved or denied within sixty days from the date the request is received." 60 days timeframe
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 Partially 18 (1) Time limit for determining request " On receipt of the request, the Commissioner of Information shall acknowledge receipt of the request within thirty days from the date of its receipt and advise the applicant if the request is approved or denied within sixty days from the date the request is received. (2) The Commisioner of Information may extend the period of sixty days for approval or denial and inform the applicant of the reasons therefor. Requirement for notification in S 18, but extensions run for an additional 60 days (so - 180 days total - far too long).
24 It is free to file requests.Score: No=0, Yes=2 points2 YES 21. (1) No fee shall be charged by the Commissioner of Information and a public authority for the making of a request for access to an official document.
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 optional2 Partially 21.(3) The fees payable, in accordance with regulations made under section 46, by the applicant shall be commensurate with the cost incurred in making documents available and the fees shall be accompanied by a deposit in respect of a large document. 21(3) - fees payable are commensurate to costs incurred. These are meant to be set by regs - but that has not been done yet.
26   There are fee waivers for impecunious requesters ---2 Partially 21.(5) The Commissioner of Information shall have the authority to waive fees in fit cases. 21(5) - in fit cases.
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 points2 NO 42. “(…)(3) The giving of access to a document including an exempt document in consequence of a request shall impose on the person to whom access is given, the obligation to disclose accurately when and if disclosure is intended.(…) (5) Nothing in this Act shall be construed as authorising the disclosure of any official document – (…) (b) the disclosure of which would be in breach of confidence or of copyright” 42(3) - an obligation on requesters to only disclosure received information accurately - not sure what that means. 42(5)(b) exempts information whose disclosure would breach copyright.


Exceptions

Indicator

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Scoring instructions
MAX score
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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 NO 14(3). Nothing in this Act shall be construed as requiring a public authority to disclose any information or allow inspection or taking extracts or copies of documents which are governed by any other written law. 37.A document is an exempt document if there is in force a written law applying specifically to information of a kind contained in the document and prohibiting persons referred to in' the written law from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications. 48. The provisions of this Act are in addition to and not in derogation of the provisions of the Official Secrets Act 1911 of the United Kingdom as applicable to Guyana or any other law or any instrument having effect by virtue of any law other than this Act 14(3) - can be overruled by any other law. See also s 37 - which exempts information whose disclosure is prohibited by another law. Reinforced by s 48.
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 framed10 NO 4(1)(c). This Act does not apply to - a public authority or function of a public authority as the President may, by order subject to negative resolution of the National Assembly, determine. 14.(1)(e). [Accessible records of information] (...) a record containing teaching materials or research information of employees of a post-secondary educational body;(...) (j). a record or information the disclosure of which, is not in the public interest or in the interest of the security of any person; 22. [Deferral or request to access public information] 25(5). The Commissioner of Information may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed if- (a). it is apparent from the nature of the documents as described in the request that all of the documents to which the request relates are exempt documents; 28(1). [Document exempted if containing information likely to prejudice defence of State, etc] 23(2)(b). if the decision relates to a request for access to a document which is an exempt document under section 27, 28 or 31 or which, if it existed, would be an exempt document under section 27,28 or 31, may state the decision in terms which neither confirm nor deny the existence of any document. 32.(b)(iii). infringe the privileges of Parliament. 42(5)Nothing in this Act shall be construed as authorising the disclosure of any official document – (a) containing any defamatory matter; or (b) he disclosure of which would be in breach of confidence or of copyright. 4(1)(c) allows the president to exclude any public authority. 14(1)(e) - post secondary research information. 14(1)(j) - disclosures not in the security interest of any person. Deferrals in s 22 are overly broad - w no proper timeframe. 25(5)(a) allows refusals without identifying the documents under request. 28(1) - in any manner contrary to public interest. 23(2)(b) allows the authority to refuse to confirm or deny the existance of exempted information. 32(b)(iii) - parliamentary privilege. 42(5)(a) - defamatory matter. 42(5)(b) - breaches of confidence.
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 Article 2. "In this Act - (...) "personal information" means information about a person, including- (a) information relating to the race, national or ethnic origin, colour, religion, age, sex, marital or family status of the person; (b) information relating to the education, medical, psychiatric, psycho- logical, criminal or employment history of the person or information relating to fmancial transactions in which the person has been involved; (c) any identifying number, symbol or other particular assigned to the person, fmger-prints, blood type or DNA profile of the person; (d) the postal and email addresses, and telephone number of the person; (e) the personal opinions or views of the person except where they relate to another person; (f) correspondence sent to a public authority by the person that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another person about the person; and (h) the person's name where it appears with other personal information relating to the person or where the disclosure of the name would reveal other personal information about the person;(...)" 14(1). Subject to subsections (3) and (4) and subject to the provisions of any other written laws, access to records under this Act applies to all records in the custody or under the control of a public authority, including courta dministration records, but does not apply to the following - (...) (h)a record relating to a prosecution if all proceedings in respect of the prosecution have not been completed; 27. (1) A document is an exempt document if it is- (a) the official record of any deliberation or decision of Cabinet; (b) a document that has been prepared by a Minister of Government or on his behalf or by a public authority for the purpose of submission for consideration by Cabinet or a document which has been considered by Cabinet and which is related to issues that are or have been before Cabinet; (c) a document prepared for the purpose of briefmg a Minister of Government in relation to issues to be considered by Cabinet; (d) a document that is a copy or draft of, or contains extracts from, a document referred to in paragraph (a),(b) or (c); or (e) a document the disclosure of which would involve the disclosure of any deliberation or decision of Cabinet, other than a document by which a decision of Cabinet was officially published. . 30. (l) Subject to this section, a document is an exempt document ifit is a document the disclosure of which under this Act- (a) would disclose matter in the nature of opinion, advice or recommendation prepared by a public officer, adviser, consultant or Minister of Government, or consultation or deliberation that has taken place between officers, Ministers of Government, or an officer and a Minister of Government, in the course of, or for the purpose of, the deliberative processes involved in the functions of a public authority; and (b) would be contrary to the public interest. (2) Subsection (l) shall cease to apply to a document brought into existence on or after the commencement of this Act when a period of twenty years has elapsed since the last day of the year in which the document came into existence. (3) In the case of a document of the kind referred to in section 9(1), the matter referred to in subsection (l)(a) does not include- (a) matter that is provided for the use or guidance of, or is used or may be used for, the purpose of making decisions or recommendations, or enforcing written laws or schemes, referred to in section 9(1); (b) factual information; (c) the analysis, interpretation or evaluation of, or any projection based on factual information; (d) a statistical survey; ( e) a report by a valuator, whether or not the valuator is an officer of the public authority; (f) an environmental impact statement or similar record; (g) a report of a test carried out on a product for the purpose of purchasing equipment for a public authority or a consumer test report; (h) a report or study on the performance or efficiency of a public authority, whether the report or study is of a general nature or is in respect of a particular programme or policy; (i) a feasibility or other technical study, including a cost estimate, relating to a policy or project of a public authority; (j) a report containing the results of field research undertaken before the formulation of a policy proposal; (k) a [mal plan or proposal to change a programme of a public authority, or for the establishment of a new programme, including a budgetary estimate for the programme, whether or not the plan or proposal is subject to approval, unless the plan or proposal is to be submitted to Cabinet or a committee or subcommittee of Cabinet; (l) a report of an inter-departmental committee task force within a public authority, which has been established for the purpose of preparing a report on a particular topic, unless the report is to be submitted to Cabinet or a committee or subcommittee of Cabinet; (m) a report of a committee, council or other body which is attached to a public authority and which has been established for the purpose of undertaking inquiries and making reports and recommendations to the public authority; (n) the reasons for a [mal decision, order or ruling of a public authority made during or at the conclusion of the exercise of discretionary power conferred under a written law or scheme administered by the public authority, whether or not the written law or scheme allows an appeal to be taken against the decision, order or ruling, and whether or not the reasons – (i) are contained in an internal memorandum of the public authority or in a letter from an officer or employee of the public authority; or (ii) were given by the officer who made the decision, order or ruling or were incorporated by reference into the decision, order or ruling. (4) Where a decision is made under Part IV that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 23 shall state the public interest considerations on which the decision is based. 29. (1) A document is an exempt document if disclosure under this Act would be contrary to the public interest and the disclosure – (a) would prejudice relations between the Government of Guyana and the government of any other State; (b) would prejudice relations between the Government of Guyana and an international organisation of States or a body thereof; (c) would divulge any information or matter communicated in confidence by or on behalf of the government of another State to the Government of Guyana or to a person receiving a communication on behalf of the government of that State; or (d) would divulge any information communicated in confidence by or on behalf of an international organisation of States or a body thereof to the Government of Guyana or to a person receiving a communication on behalf of that international organisation or body. (2) For the purposes of this Act, a certificate signed by the Minister certifying that a document as described in a request would, if it existed, be one of a kind referred to in subsection (1), establishes conclusively that if such a document exists, it is an exempt document. 2 - personal information includes correspondences that are confidential in nature - vague, broad and not properly harm tested. 14(1)(h) - prosecutorial records. 27(1) and 30 - deliberations of cabinet. 29 - confidential international communications - unnecessary considering the seperate exception for harm to int'l relations.
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 38. Notwithstanding any other law to the contrary, the Commissioner oflnformation shall give access to an exempt document where there is reasonable evidence that significant – (a) abuse of authority or neglect in the performance of official duty; (b) injustice to a person; (c) danger to the health or safety of a person or of the public; or (d) unauthorised use of public funds, has or is likely to have occurred or in the circumstances giving access to the document is justified in the public interest having regard both to any benefit and to any damage that may arise from doing so. 38 - for significant abuse of authority, injustice to a person, danger to health and safety or unauthorized use of public funds.
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 each2 Partially There are some sunset clauses, but they don't apply across the board.
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 YES 34. (1) A document is an exempt document if its disclosure under this Act would disclose information acquired by a public authority from a business, commercial or financial undertaking, and- (a) the information relates to trade secrets or other matters of a business, commercial or financial nature; (b) the disclosure of the information under this Act would be likely to expose the undertaking to disadvantage; or (c) the disclosure of such information would prejudice the competitive position of the public authority or interfere with contractual or other negotiations of the public authority. (2) In deciding whether disclosure of information would expose an undertaking to disadvantage, for the purposes of subsection (1 ) (b). the Commissioner ofInformation may take account of any of the following considerations- (a) whether the information is generally available to competitors of the undertaking; (b) whether the information would be exempt information if it were generated by a public authority; (c) whether the information could be disclosed without causing substantial harm to the competitive position of the undertaking; (d) whether there are any considerations in the public interest in favour of disclosure which outweigh considerations of competitive disadvantage to the undertaking, for instance, the public interest in evaluating aspects of regulation by a public authority of corporate practices or environmental controls, and of an.y consideration or considerations which in the opinion ofthe public authority is or are relevant; and (e) whether the information would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair the ability of the Government or the public authority to obtain similar information in the future. (3) Prior to making a determination under subsection (1) as to whether the disclosure of information would expose an undertaking to disadvantage, the Commissioner of Information shall notify the undertaking which has supplied the relevant document or documents that the Commissioner of Information has received a request for access to the document and shall – (a) seek the undertaking's view as to whether disclosure should occur; and (b) notify the undertaking where the Commissioner of Information after consultation has decided to disclose the document and in such a case notify the undertaking of the right to apply to the High Court for judicial review of the decision. (4) A document is an exempt document if – (a) it contains the results of scientific or technical research undertaken by a public authority, and- (i) the research could lead to a patentable invention; (ii) the disclosure of the results in an incomplete state under this Act would be reasonably likely to expose a business, commercial or financial undertaking unreasonably to disadvantage; (iii) the disclosure of the results before the completion of the research would be reasonably likely to expose the public authority unreasonably to disadvantage; or (b) it is an examination paper, a paper submitted by a student in the course of an examination, an examiner's report or similar document and the use or uses for which the document was prepared have not been completed. 40. (1) Where the Commissioner of Information intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Commissioner of Information shall, within fourteen days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Commissioner of Information may consider disclosing the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. (2) Where a notice is served by the Commissioner of Information under subsection (1) to a third party in respect of any information or record or part thereof, the third party shall, within twenty-one days from the date of receipt of such notice, be given the opportunity to make representation to the Commissioner of Information. 34 and 40 have consultations - which fall within the original timeframe.
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 granted2 YES 19(2). Where an application is made to the Commissioner of Information for access to an official document which contains exempt matter, the Commissioner of Information shall grant access to a copy of the document with the exempt matter deleted therefrom.
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 b2 YES 23(1).Where in relation to a request for access to a document of a public authority, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the Commissioner of Information shall cause the applicant to be given notice in writing of the decision, and the notice shall – (a) state the reasons for the decision; (b) where the decision does not relate to a request for access to a document which if it existed, would be an exempt document but access is given to a document in accordance with section 19(2), state that the document is a copy of a document from which exempt information has been deleted; (c) inform the applicant of his right to apply to the High Court for judicial review of the decision; (d) so state where the decision is to the effect that the document does not exist or cannot, after a thorough and diligent search, be located. (2) In a notice under subsection (1), the Commissioner ofInformation- (a) shall not be required to include any matter that is of such a nature that its inclusion in a document of a public authority would cause that document to be an exempt document; (b) if the decision relates to a request for access to a document which is an exempt document under section 27, 28 or 31 or which, if it existed, would be an exempt document under section 27,28 or 31, may state the decision in terms which neither confirm nor deny the existence of any document.


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 mentioned
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 yes2 NO A strange situation whereby decisions on disclosure are generally made by the Information Commission - so this is not really an appeals body, but it does play some kind of an oversight role, so they get points under some indicators in this section.
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 tenure2 NO 6(1). The President may remove the Commissioner of Information from office if the Commissioner of Information (a) is adjudged an insolvent; (b) has been convicted of an offence which involves moral turpitude; (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) had, or has, acquired such financial or other interest as is likely to affect prejudicially his functions as Commissioner of Information. 6(1) allows the commissioner to be removed by the president. There are limited grounds for removal, but also limited ways to fight the removal - beyond the right of the commissioner to make a representation.
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 parliament2 NO 5(3). The Commissioner of Information shall be provided with requisite staffing and budgetary support in order to discharge his functions under this Act. (4) The Minister shall provide the Commissioner of Information with such officers and employees as may be necessary for the efficient discharge of the functions of the Commissioner under this Act. 5(3) and 5(4) requires that the Info Commissioner be provided with proper resources, but they get it from the minister, not parliament.
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 expertise2 Partially 5(1). The President shall appoint a Commissioner of Information who shall be a person of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. 5(1) - professional expertise.
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 powers2 NO No mentioned
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 Partially 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including- (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. S 7 - can require them to provide access, but they're not really an appeals body.
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 fully2 Partially 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including- (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. S 7 - this appears to be the case, but again, they're not a full appeals body
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES 43.(1) For the removal of doubt, a person aggrieved by a decision of the Commissioner of Information under this Act may apply to the High Court for review of the decision. (2) Notwithstanding any other law to the contrary, where an application for review of a decision of the Commissioner of Information under this Act is made to the High Court, that application shall be heard and determined by a Judge in Chambers, unless the Court, with the consent of the parties, directs otherwise. (3) In this section, "decision of the Commissioner of Information" includes the failure of the Commissioner to comply with section 18 or 19(1).
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 NO Not mentioned.
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 Partially 43.(1) For the removal of doubt, a person aggrieved by a decision of the Commissioner of Information under this Act may apply to the High Court for review of the decision. 49. Except where otherwise provided in this Act, no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. 43(1) seems to allow for reviews of any info comm decision, but then 49 also severely restricts judicial jurisdiction.
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 NO No mentioned
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 NO No mentioned
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 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including- (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. S 7 - the commission can force the authority to alter its practices - though they can also issue recommendations - which is strange…


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 50. (1) A public authority shall maintain and preserve records in relation to its functions and a copy of all official documents which are created by it or which come at any time into its possession, custody or power. (2) A person who wilfully destroys or damages a record or document required to be maintained and preserved under subsection (1), commits an offence and is liable on summary conviction to a fme of three hundred thousand dollars and imprisonment for six months. (3) A person who knowingly destroys or damages a record or document which is required to be maintained and preserved under subsection (1) while a request for access to the record or document is pending commits an offence and is liable on summary conviction to imprisonment for one year. (4) A person who knowingly is in unlawful possession of an exempt document commits an offence and is liable on summary conviction to a fme of three hundred thousand dollars and to imprisonment for six months. (5) A person to whom access to a document is given and that person alters or defaces, obliterates or erases, destroys or conceals any part of the document with the intention of preventing the accurate disclosure of its contents, if published, is liable on summary conviction to a fine of three hundred thousand dollars and imprisonment for six months. (6) A person who obstructs the Commissioner of Information or any person acting on behalf or under the direction of the Commissioner of Information in the performance of the Commissioner of Information's duties and functions under this Act commits an offence and is liable on summary conviction to a fine of three hundred thousand dollars and imprisonment for six months. (7) A person who discloses any content of exempt documents commits an offence and is liable on summary conviction to imprisonment for six months. (8) A person who publishes exempt information on a website, blog site, any other social networking site, internet radio, or any other media commits an offence and is liable on summary conviction to imprisonment for one year. 50 has sanctions for wilfully destroying documents and obstructing the commissioner.
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 Partially 7. The Commissioner of Information has the power to - (a) require a public authority to take any steps as may be necessary to secure compliance with the provisions of this Act, including- (i) by providing access to information, if so requested, in a particular form; (ii) by publishing certain information or categories of information, that are needed urgently and are not published under any other provision of this Act; (iii) by making necessary changes to its practices in relation to the maintenance, classification, management, retention and destruction of records; (iv) by enhancing the provision of training on the right to information for its officials; (v) by providing the Minister with an annual report; (b) require a public authority to compensate the complainant for inconvenience suffered; (c) request and examine any disciplinary action taken against any officer in respect of the administration of this Act; (d) indicate efforts by the public authorities to administer and implement the spirit and intention of this Act; (e) make recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or the common law; or (f) address any other matter relevant for operationalising the right to access to information. S 7 - the Info Comm can force authorities to alter their practices and to enhance training
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 others2 Partially 42(1). Where access to a document has been given in accordance with the requirements of this Act or in good faith, in the belief that it was required to be given in accordance with this Act, unless malice is proved – (a) no action for defamation, breach of confidence or infringement of copyright may be brought against the Commissioner of Information, the public authority, the Minister, the responsible Minister, or an officer or employee of the public authority as a result of the giving of access; 50. (1) A public authority shall maintain and preserve records in relation to its functions and a copy of all official documents which are created by it or which come at any time into its possession, custody or power. (2) A person who wilfully destroys or damages a record or document required to be maintained and preserved under subsection (1), commits an offence and is liable on summary conviction to a fme of three hundred thousand dollars and imprisonment for six months. (3) A person who knowingly destroys or damages a record or document which is required to be maintained and preserved under subsection (1) while a request for access to the record or document is pending commits an offence and is liable on summary conviction to imprisonment for one year. (4) A person who knowingly is in unlawful possession of an exempt document commits an offence and is liable on summary conviction to a fme of three hundred thousand dollars and to imprisonment for six months. (5) A person to whom access to a document is given and that person alters or defaces, obliterates or erases, destroys or conceals any part of the document with the intention of preventing the accurate disclosure of its contents, if published, is liable on summary conviction to a fine of three hundred thousand dollars and imprisonment for six months. (6) A person who obstructs the Commissioner of Information or any person acting on behalf or under the direction of the Commissioner of Information in the performance of the Commissioner of Information's duties and functions under this Act commits an offence and is liable on summary conviction to a fine of three hundred thousand dollars and imprisonment for six months. (7) A person who discloses any content of exempt documents commits an offence and is liable on summary conviction to imprisonment for six months. (8) A person who publishes exempt information on a website, blog site, any other social networking site, internet radio, or any other media commits an offence and is liable on summary conviction to imprisonment for one year. 42(1)(a) has some protections - but they're not comprehensive - only for defamation, breach of confidence or infringement fo copyright. 50 contains penalties for wrongly disclosing exempt information.
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 protections2 NO No mentioned


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 points2 NO No mentioned
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 points2 Partially 45(1).The responsible Minister may, to the extent of availability of financial and other resource:s (a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights conferred under this Act; (b) encourage public authorities to participate in creating public awareness, in particular of disadvantaged communities as to how to exercise the rights conferred under this Act; (c) encourage public authorities to participate in the development and organisation of programmes referred to in paragraph (a) and to undertake such programmes themselves; (d) promote timely and effective dissemination of accurate information by public authorities about their activities; and (e) train public authorities to produce relevant training materials for use by the public authorities themselves and by the public. 45(1) has promotional aspects - but all with the caveat that it "may" be done resource permitting
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 points2 YES 45(1). The responsible Minister may, to the extent of availability of financial and other resource:s (a) develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights conferred under this Act; (b) encourage public authorities to participate in creating public awareness, in particular of disadvantaged communities as to how to exercise the rights conferred under this Act; (c) encourage public authorities to participate in the development and organisation of programmes referred to in paragraph (a) and to undertake such programmes themselves; (d) promote timely and effective dissemination of accurate information by public authorities about their activities; and (e) train public authorities to produce relevant training materials for use by the public authorities themselves and by the public. (2) The Minister shall, within eighteen months from the commencement of this Act, compile a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act, and periodically update the guide as necessary. 45(1) contains awareness raising efforts - but it's all with the caveat that it "may" be done resource permitting. However - 45(2) requires the creation of a guide for the public.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 YES 13.(1) As sonn as possible after the commencement of this Act, every public authority shall, as far as practicable, maintain its records duly catalogued, classified anf indexed in a manner and form which facilitates the right of access to information under this Act and ensures that all records that are approriate are computerised within a reasonable time, and where possible connected through a network all over the county on different systems so that access to such recods which are open to access is facilitated. 13(1) - catalogue, classify and computerise records, and centrally network them to facilitate open access. Also requires the publication of retention guides.
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 points2 YES 8(1)"The Commissioner of Information shall in relation to a public authority and with the approval of the responsible Minister - (a) cause to be published in the Gazette and in a daily newspaper circulating in Guyana as soon as practicable after the commencement of this Act, - (...) (ii). a statement of the categories of documents that are maintained in the possession of the public authority;(...)" 8(1)(ii) - a list of the categories of documents held, updated annually.
59 Training programs for officials are required Score Y/N, Y=2 points2 Partially 45(1). The responsible Minister may, to the extent of availability of financial and other resources; (...) 45(1) with the caveat that it "may" be done resource permitting
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 points2 Partially 44(2). Each responsible Minister shall, in relation to the public authorities responsibility for which has been assigned to him, furnish to the Ministers such information as he requieres for the purpose of the preparation of any report under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section. 44(2) - requirement to report by ministers, but only by ministers.
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 points2 YES 44(2). Each responsible Minister shall, in relation to the public authorities responsibility for which has been assigned to him, furnish to the Ministers such information as he requieres for the purpose of the preparation of any report under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section.