Gambia
Name and date of law assessed: Access to Information Act
RTI law first adopted: 2021
RTI Law last modified: n/a
RTI Rating last updated: n/a
RTI law first adopted: 2021
RTI Law last modified: n/a
RTI Rating last updated: n/a
Introduction
Gambia's law is very strong, with especially high scores for Scope, Appeals and Promotional Measures. Some improvement could be made to the Right of Access category.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 24 | 30 |
| 4 | Exceptions & Refusal | 23 | 30 |
| 5 | Appeals | 28 | 30 |
| 6 | Sanctions & Protections | 7 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 128 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | N/A | Not mentioned. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 11 Subject to this Act, every person has a right to access information from a public body. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | N/A | Not mentioned. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 11 Subject to this Act, every person has a right to access information from a public body. | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2. "information" includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the information holder to whom a request has been made under this Act. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 2. "information" includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the information holder to whom a request has been made under this Act. 11 Subject to this Act, every person has a right to access information from a public body. | Broad definition of information that includes both information and documents. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1 "public body" means a body - (e) established for a public purpose which is owned, controlled, or financed by the government. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1 "public body" means a body - (a) established by or under the Constitution, (b) established by statute, (c) which forms part of any level or branch of government, (d) a local government authority, (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 1 "public body" means a body - (e) established for a public purpose which is owned, controlled, or financed by the government; and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. 3. This Act shall apply to all - (a) public bodies; (b) public authorities and non-state bodies which are owned or controlled by the government; (c) private organisations or private persons who operate with substantial public funds or benefits (directly or indirectly from public funds) or who perform public functions and services using public funds. | The definitions could create some confusion here since the s. 1 definition of a public body includes any body established for public purposes or under public funding or control under 1(e), presumably including private bodies; but then s. 3(b)-(c) appears to define some private bodies as distinct from public bodies (s. 3(a)). This could be slightly misleading since the obligations to provide access all apply to "public bodies". Nonetheless, the intent to cover private bodies is clear, so full points still awarded. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 12. (4) Subject to sub-sections (5)(b) and (c), a requester shall not be required to provide a justification or reason for requesting any information. (5) A request under sub-section (1) shall -- (a) provide such details concerning the information requested as are reasonably necessary to enable the Information Officer to identify the information. (b) if the requester believes that the information is necessary to safeguard the life or liberty of a person, include a statement to that effect, including the basis for that belief; (c) state the nature of the form in which the requester prefers access; and (d) if the request is made on behalf of another person, include an authorization from such person. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | (5) A request under sub-section (1) shall -- (a) provide such details concerning the information requested as are reasonably necessary to enable the Information Officer to identify the information. | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 12. (1) A person who wishes to access information under this Act may make a request in writing to the Information Officer of the concerned public body: (2) A request under sub-section (1) shall be accompanied by such reproduction cost as may be prescribed. (3) On receipt of a request, the Information Officer shall immediately provide a written acknowledgement of the request to the requester. (4) Subject to sub-sections (5)(b) and (c), a requester shall not be required to provide a justification or reason for requesting any information. (5) A request under sub-section (1) shall -- (a) provide such details concerning the information requested as are reasonably necessary to enable the Information Officer to identify the information. (b) if the requester believes that the information is necessary to safeguard the life or liberty of a person, include a statement to that effect, including the basis for that belief; (c) state the nature of the form in which the requester prefers access; and (d) if the request is made on behalf of another person, include an authorization from such person. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 13 (1) Where a person - (a) wishes to make a request to an information holder; or (b) has made a request to an information holder that does not comply with the requirements of this Act, the Information Officer shall take all necessary steps to assist the person, free of charge, to make the request in a manner that complies with this Act. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | Partially | 1 | 13(2) Where a person with a disability wishes to make a request, the Information Officer shall take all necessary steps to assist the person to make the request in a manner that meets the needs of the person with disability and which complies with the Act. | Assistance for disabled people is provided for, but assistance for the illiterate is not. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 12(3) On receipt of a request, the Information Officer shall immediately provide a written acknowledgement of the request to the requester. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 16 (1) Where a request is made to a public body requesting information which the public body does not hold and - (a) which the public body knows or reasonably considers that it is held by another public body; or (b) the subject matter of which is more closely connected with the functions of another public body, the body to which such request is made shall transfer the request, or such part of it as may be appropriate, to that other public body. (2) A public body that transfers a request in accordance with subsection (1) shall - (a) make the transfer as soon as practicable but in any event within five days from the date of receipt of the request; and (b) immediately notify the requester of the transfer in writing. (3) A public body that receives a transferred request shall immediately notify the requester of receipt of the request in writing. (4) Where a request is transferred to another public body in accordance with sub-section (1), the request is deemed to have been- (a) made to the public body to which it was transferred; and (b) received by that public body on the day the body to which it was originally made received it. | One point docked as transfers can be made so long as the subject matter is more closely connected with the functions of another public body. This provision could operate to permit transfers even with the public body at first instance has the information on hand but another public body's functions are more closely connected to it. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 20 (2) Subject to sub-section (4), where the requester has requested access to information in a particular form, access shall be given in that form. (4) If giving access to information in the form requested by the requester is likely to - (a) unreasonably interfere with the operations of the information holder; (b) be detrimental to the preservation of the information; or (c) having regard to the physical nature of the information, render access in the requested form inappropriate, access in that form may be refused if access may be given in another form authorised under this Act. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 14(1) Subject to sub-section (2), the Information Officer to whom a request is made under section 11 shall, as soon as reasonably possible, but in any event within twenty-one days after the request is submitted - (a) determine whether to grant the request; (b) notify the requestor of the decision in writing; and (c) subject to sub-section (7), if the request is granted, subject to the payment of any applicable reproduction fee or transcription fee, give the requester access to the information. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 14(1) Subject to sub-section (2), the Information Officer to whom a request is made under section 11 shall, as soon as reasonably possible, but in any event within twenty-one days after the request is submitted - (a) determine whether to grant the request; (b) notify the requestor of the decision in writing; and (c) subject to sub-section (7), if the request is granted, subject to the payment of any applicable reproduction fee or transcription fee, give the requester access to the information. | 1 point taken off for 21 day timeline. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 15(1) Subject to sub-section (2), the Information Officer to whom a request is made may extend the period to respond to a request in section 14(1) on a single occasion for a period of not more than fourteen days if - (a) the request is for a large amount of information or requires a search through a large amount of information and meeting the original time limit would unreasonably interfere with the activities of the information holder concerned; or (b) consultations are necessary to comply with the request that cannot be reasonably completed within twenty-one days. (2) If any part of the information requested can be considered by the Information Officer within the time period specified under section 14(1), it shall be reviewed and a response provided to the requester in accordance with that section. (3) If a period to respond to a request is extended in terms of subsection (1), the Information Officer shall forthwith after the decision to extend has been taken by him or her, but in any event within twenty-one days after the request is received, notify the requester in writing of that extension. (4) The notice in terms of sub-section (3) shall state - (a) the period of the extension; (b) adequate reasons for the extension, based on the provisions of this Act; and (c) that the requester may apply for a review of the decision in accordance with section 39. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 12(1) A person who wishes to access information under this Act may make a request in writing to the Information Officer of the concerned publid body: (2) A request under sub-section (1) shall be accompanied by such reproduction cost as may be prescribed. | While no fees for requests are mentioned (only fees for reproduction), the fact that reproduction fees have to be paid at the point of request is illegitimate (it is also impractical to pay fees for reproduction at the point of the request, when estimations for the fees for reproduction have not even been made yet). |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | 22(1) A requester is not required to pay any cost in relation to time spent by - (a) an information holder searching for the information requested; or (b) the information holder examining the information to determine whether it contains exempt information or deleting exempt information from a document. (2) An information holder may charge the requester such reproduction fee as may be prescribed. (3) Where a request is made that a written transcription be produced of any information provided to the requester, the information holder may recover the costs of such transcription at such rate as may be prescribed from the requester. 80(1) The Minister may make regulations for carrying into effect the purposes of the provisions of this Act in consultation with the Commission. (2) Without prejudice to the generality of sub-section (1), regulations made, may provide for -- (a) fees for request for information and the manner of payment as determined by the Commission; (b) fees for reproduction or transcription of information and the manner of payment as determined by the Commission; | Fee rates are prescribed by the Minister and are limited to reproduction and delivery. No mention of free pages. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 4 (1) The provisions of this Act shall have effect over anything inconsistent therewith contained in the Official Secrets Act, General Orders of the Government, regulations and by-laws of any public body. 38 The exemptions in this Part are not exhaustive and, may from time to time be expanded by the Minister. | One point is due here since the Act overrides the Official Secrets Act and other subsidiary instruments, but laws other than the Official Secrets Act are not explicitly mentioned. Furthermore, the Minister can expand the list of exceptions at will, which is highly problematic. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 9 | 24 - 33. | Exceptions are personal information of a third party; commercial and confidential information; information that might endanger the life, health, safety or privacy of an individual; national security and defence; international relations; economic interests of the State; law enforcement; privileged communications and documents; academic or examination processes; Cabinet proceedings. One point taken off for Cabinet proceedings exception. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | YES | 4 | 24 - 33. | |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | YES | 4 | 35 (1) Notwithstanding any of the exemptions in this Part, an information holder may only refuse a requester access to information if the harm to the interest produced under the relevant exemption that would result from the release of the information demonstrably out-weighs the public interest in the release of the information. (2) An Information Officer shall consider whether sub-section (1) applies in relation to any information requested before refusing access on the basis of an exemption stated in this Part. (3) The exceptions in this Part do not apply in case of serious violations of human rights or crimes against humanity. 36 An Information Officer who refuses to grant access to information requested has the burden of proving that - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest in the release of the information. | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | 14(7) and 37. | There is consultation, but third party information is blocked from release until appeals are exhausted, and there is no expedited appeal. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 14(7) and 37. | There is consultation, but third party information is blocked from release until appeals are exhausted, and there is no expedited appeal. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 34 (1) Where a portion of a record or document containing requested information is exempt from release under this Part, the exempt portion of the information shall be severed or redacted from the record or document and access to the remainder of the information shall be granted to the requester. (2) Where an Information Officer severs or redacts any portion of a record or document, he or she shall indicate the length or amount of information severed or redacted in response to the requester. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 14(8) If the request for information is refused, the notice referred to in sub-sections (1) and (2) shall- (a) state the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Officer; (b) contain a reference to specific provisions of this Act upon which the refusal is based; and (c) inform the requester that he or she may apply for a review of the decision in accordance with section 39. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 39, 40. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 67 A requester or a third party may appeal against the decision of the head of the Information holder in writing to the Commission. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | 42(2) Members of the Commission shall be appointed by the President, after consultation with the Public Service Commission and subject to confirmation by the National Assembly. (3) The Chairperson of the Commission shall hold office for five years and all other COmmissioners shall hold office for four years and be eligible for re-appointment to one further term of five years. 44(2) The office of a Commissioner shall become vacant if he or she - (a) is absent from three meetings of the Commission without permission from the Chairperson, and in case of the Chairperson if he or she is absent from three meetings without the permission of the Minister; (b) is declared insolvent or adjudged bankrupt; (c) is convicted of a felony or an offence involving dishonesty; (d) is declared to be of unsound mind or physically incapable of carrying out the functions and duties of a Commissioner; (e) is found to be incompetent; (f) dies; or (g) commits gross misconduct. 45 (1) The President shall only remove a Commissioner from office after an independent inquiry is conducted into the allegation levelled against the Commissioner and the report of the independent inquiry confirms the allegation. (2) A decision to terminate the appointment shall be approved by the National Assembly before the Commissioner is terminated. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 47 The remuneration of Commissioners shall be approved by the National Assembly on the recommendation of the Minister. 48 The Commission shall be - (a) independent and autonomous; and (b) accountable only to the National Assembly for the execution of its mandate, operations and performance. (2) Subject to sub-section (1), the Commission shall not in the performance of its functions under this Act, be subject to the direction or control of any other person or authority. 57 The Commission shall within three months before the end of each year submit an annual report to the National Assembly which shall include complaints about offences noted during investigation under this Act and findings of any audit undertaken by the Commission. 77 The funds of the Commission shall consist of - (a) such monies as may be appropriated by the National Assembly pursuant to an Appropriation Act for the purposes of the Commission; (b) any monies received by the Commission by way of donations or grants or from any other legal sources, whether domestic or foreign, and (c) any proceeds from sale, lease or transfer of movable or immovable property of the Commission. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | 43(1) A person is eligible to be appointed an Information Commissioner if he or she - (a) is a fit and proper person; (b) has requisite academic qualifications and working experience; (c) is a publicly recognised human rights advocate; (d) is independent, impartial and accountable; and (e) has demonstrable knowledge in access to information, transparency or public and corporate governance. (2) A person is qualified from being appointed as an Information Commissioner if he or she (c) holds a political office or position at any level of the State or within a political party at the time of nomination, or has held such office or position in the five years preceding the nomination. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 53 (4) The Commission has the power to - (a) issue written orders obliging the production of information; (b) examine, reproduce, take extracts from or hold information for as long as is necessary; (c) require the production of information to which access has been refused on the basis of an exemption under Part III, for the purpose of deciding whether it is an exempt document; limit access to information to parties in terms of this Act; (e) take any such action or issue and serve notices as may be appropriate for the resolution of any matter before it. 65(1) The Commission shall inspect compliance by an information holder with this Act. (2) The powers of the Commission to conduct an inspection under sub-section (1) includes the power to - (a) conduct inspections; (b) undertake any investigation it deems appropriate in furtherance of the inspection; (c) engage with staff of the body; (d) request copies of any information; (e) access any information it deems necessary to undertake the inspection; and (f) penalise non-compliance. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (a) affirming the decision of the information holder; (b) varying the type of access originally granted or requested; (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration; and (f) imposing a contempt order, a cost order, or a summary order or any other order it considers just and equitable. (2) The Commission may issue such directives it deems necessary to enforce its decisions. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (a) affirming the decision of the information holder; (b) varying the type of access originally granted or requested; (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration; and (f) imposing a contempt order, a cost order, or a summary order or any other order it considers just and equitable. (2) The Commission may issue such directives it deems necessary to enforce its decisions. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | N/A | The law does not explicitly state that the Information Commissioner's decisions can be appealed to the courts. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | 56(1) The Commission shall - conduct matters with as little technicality or formality and as expeditiously as possible. | Commission is directed to conduct matters with as little technicality or formality as possible, which suggests that lawyers will not be needed. No fees mentioned. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 39(2) A requester may apply for a review of any decision of an Information Officer. 67 A requester or a third party may appeal against the decision of the head of the Information holder in writing to the Commission. | Since internal appeals can be conducted on any basis (mute refusals are considered to be refusals under s. 17 and hence constitute "decisions"), and external appeals can be of any decision of the head of the information holder, the grounds for appeal are broad. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | 67 - 73. | While there are procedures in place for the Commissioner's appeal process, no timelines are stated. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | 36 An Information Officer who refuses to grant access to information requested has the burden of proving - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest in the release of the information. | While this provision does not explicitly state that it is in the context of the appeal process, it is the only provision that governs the burden of proof and will likely be the point of reference for appellate bodies. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | YES | 2 | 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (a) affirming the decision of the information holder; (b) varying the type of access originally granted or requested; (c) setting aside the decision of the information holder and making a ruling; (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; (e) mandating negotiation, conciliation, and arbitration; and (f) imposing a contempt order, a cost order, or a summary order or any other order it considers just and equitable. (2) The Commission may issue such directives it deems necessary to enforce its decisions. | While neither training nor better record management are explicitly contemplated here, there is a catch-all in (d) that would likely authorise both. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 76(1) A person who with intent to deny a right of access to information under this Act - (a) destroys, damages or alters information; (b) conceals information; (c) falsifies information or makes a false record; (d) obstructs the performance by an information holder of a duty under this Act; (e) interferes with or obstructs the work of the Commission; or (f) directs, proposes, counsels or causes any person in any manner to do any of the above, commits an offence and is liable on conviction to a fine not less than fifty thousand dalasis and not more than five hundred thousand dalasis or imprisonment of not less than six months and not more than one year. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 54(2) The Commission shall at its own discretion and power- (c) make any determination it considers just and equitable including issuing recommendation, imposing such fines or penalties in matters before it as it considers appropriate; (e) authorise or undertake any action it deems necessary or appropriate for the execution of its mandate under this Act; 66(1) In the event of non-compliance by an information holder with any of the obligations under this Part, the Commission may issue a notice specifying a timeframe for compliance with the obligation and any further directives as the Commission considers necessary or appropriate. (2) If the information holder fails to comply with a notice issued by the Commission under sub-section (1), the Commission may impose such penalty as it considers necessary or appropriate. 73(1) The Commission may issue binding orders or recommendations on any matter before it, including - (d) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act; | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 4(3) An information holder or information officer shall not be liable for releasing information in good faith and in accordance with this Act. 53(1) The Executive Secretary, the staff and members of the commission shall not be subject to any criminal or civil proceedings or be personally liable for any act done or omitted to be done in good faith in the performance of their functions. (2) A staff who discloses wrongdoing within the Commission may not be subject to any punishment in the course of their employment by reason of the disclosure. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | Partially | 1 | 4(3) An information holder or information officer shall not be liable for releasing information in good faith and in accordance with this Act. 53(1) The Executive Secretary, the staff and members of the commission shall not be subject to any criminal or civil proceedings or be personally liable for any act done or omitted to be done in good faith in the performance of their functions. (2) A staff who discloses wrongdoing within the Commission may not be subject to any punishment in the course of their employment by reason of the disclosure. 68(3) Any staff member of an information holder, who wishes to report wrongdoing under this Act, may contact the Commission without exhausting any applicable internal procedures. | Whistleblower protections are available, but only to the staff of the bodies covered by the Act and the Information Commission; others not protected. No unified whistleblower law or any substantial whistleblower protections. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 9(1) The head of every public body shall, in consultation with the Minister responsible for that public body, designate a suitable officer of that body as Information Officer for the purposes of this Act. 10(1) To enable an information holder to comply with the requirements of this Act, head of the body may designate a person as deputy Information Officer. (2) A deputy Information Officer has all the powers, duties and functions of the Information Officer. (3) Each person designated as a deputy Information Officer of an information holder is subject to the supervision of the Information Officer of that information holder in the performance of the powers, duties and functions of that office under this Act. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 54(1) The Commission shall have the power to determine the nature, process and undertaking necessary to discharge its mandate in terms of this Act, including all work necessary for the promotion, monitoring and protection of the right to access information. 58(1) The Commission has the mandate to promote awareness, educate and popularise the right of access to information. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 58(1) The Commission has the mandate to promote awareness, educate and popularise the right of access to information. (2) In promoting the right of access to information, the Commission shall- (a) assess all implementation plans required in terms of section 61 to ensure information holders have clear obligations and processes which support awareness raising and education interventions at community level including disadvantaged groups. 61(1) Every public body and relevant private body shall submit an implementation plan to the Commission within eighteen months of the commencement of this Act, or within six months of the establishment of the body, whichever is the earlier, detailing- (2) The plan referred to in sub-section (1) shall include - (f) plans for public consultations, community outreach, information sharing and awareness raising | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 6(1) Every public body shall create, keep, organize and maintain its information in a manner which facilitates access to information, as provided in this Act. (2) For the purpose of sub-section (1), every public body shall (a) produce information in respect of all its activities, including those expressly provided for under section 7 of this Act; (b) arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification and access; and (c) keep all information in its possession in good condition and in a manner that preserves the safety and integrity of its contents. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 7(2) Every public body shall annually publish in such manner as may be prescribed, the following information produced by or in relation to that body - (d) a list of all the categories of information held by it or under its control; 62(1) As soon as possible but in any event of within two years of commencement of this Act, or within 6 months of the establishment of the body, whichever is the earlier, all information holders must prepare information manuals to be widely disseminated, including in the official Gazette, and submitted to the Commission. (2) The manual referred to in sub-section (1) shall include the categories of information that the information holder will proactively disclose and those which will be made available only through the formal request process. (4) With regard to all other information, the Commission shall determine (a) measures to be adopted to ensure periodic and frequent updating of all categories of information held by the information holder; | While categories of information must be published, better practice would be a more granular obligation to list the individual pieces of information. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 58(1) The Commission has the mandate to promote awareness, educate and popularise the right of access to information. (2) In promoting the right of access to information, the Commission shall- (c) provide recommendations and guidelines to information holders for internal training of personnel, and provide training on request, if resources are available; (d) monitor internal training of staff within public bodies and relevant private bodies and issue notices for mandatory training where necessary; 61(1) Every public body and relevant private body shall submit an implementation plan to the Commission within eighteen months of the commencement of this Act, or within six months of the establishment of the body, whichever is the earlier, detailing- (2) The plan referred to in sub-section (1) shall include (e) steps to secure continued capacity building and compulsory training plans for staff; | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 63(1) The Information Officer of each public body and relevant private body shall not later than the end of the first quarter of each year, submit to the Commission a report stating in relation to the body in respect of the preceding year - (a) the number of requests for access received; (b) the number of requests for personal information received; (c) the number of requests for access granted in full; (d) the number of requests for access granted in terms of the public interest override in section 35; (e) the number of requests for access refused- (i) in full, and (ii) in part; (f) the number of times each provision of Part III was relied on to refuse access in full or part; (g) the number of cases in which the periods stipulated in this Act were extended, (h) the number of internal appeals lodged with the relevant authority; (i) the number of internal appeals lodged on the ground that a request for access was regarded as having been refused in terms of section 17; (j) the number of cases in which, as a result of an internal appeal, access was given to information; (k) the number of appeals referred to the Commission and the outcome of those appeals; (l) the number of appeals referred to an appropriate court and the outcome of those appeals; (m) a description of the steps or efforts taken by the head of the body to encourage all officers of that body to comply with the provisions of this Act; (n) any facts which indicate an effort by the body to administer and implement the spirit and intention of the Act according to its submitted plan; (o) particulars of any penalties issued against any person under this Act; (p) particulars of any disciplinary action taken against any person under this Act; (q) particulars of any difficulties encountered in the implementation of this Act in terms of the operations of the body, including issues of staffing and costs; and (r) recommendations for reform, or amendment of this Act, other laws, regulations or practice relevant to the optimal realisation of the objectives of this Act. (2) The Commission may impose penalties on public bodies and relevant private bodies that do not comply with the annual reporting obligation. (3) All public bodies shall incorporate the report submitted to the Commission under this Act into their annual reports to the National Assembly. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 79 The Commission shall not later than two months after the end of each year submit to the Minister and National Assembly, a report of its activities in the previous year. |
