Uganda


Section Points Max Score
Right of Access66
Scope2630
Requesting Procedures1930
Exceptions & Refusal2230
Appeals1330
Sanctions & Protections68
Promotional Measures516
Total 97 150

Section Indicator Description Scoring instructions Max Score Findings Points Article Comments
1. Right of Access 1 The legal framework (including jurisprudence) recognises a fundamental right of access to information. Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. 2 YES 2 Constitution of the Republic of Uganda, 1995 41 Right of access to information. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. (2) Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.
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 Constitution of the Republic of Uganda, 1995
41 Right of access to information. (1) Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. (2) Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.
Yes - article 41 of the Constitution.
1. Right of Access 3 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. One point for each characteristic. 2 YES 2 3. Purpose of Act. The purpose of this Act is – (a) to promote an efficient, effective, transparent and accountable Government; (b) to give effect to article 41 of the Constitution by providing the right of access to information held by organs of the State, other than exempt records and information; (c) to protect persons disclosing evidence of contravention of the law, maladministration or corruption in Government bodies; (d) to promote transparency and accountability in all organs of the State by providing the public with timely, accessible and accurate information; and (e) to empower the public to effectively scrutinise and participate in Government decisions that affect them. 1 - Section 3
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 NO 0 5. Right of access. (1) Every citizen has a right of access to information and records in the possession of the State or any public body, except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. S. 5(1)
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 4. Interpretation. In this Act, unless the context otherwise requires – (...) "information" includes written, visual, aural and electronic information; (...) "record" means any recorded information, in any format, including an electronic format in the possession or control of a public body, whether or not that body created it Section 4 definitions are extremely inclusive.
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 4. Interpretation. In this Act, unless the context otherwise requires – (...) "information" includes written, visual, aural and electronic information; (...) "record" means any recorded information, in any format, including an electronic format in the possession or control of a public body, whether or not that body created it 5. Right of access. (1) Every citizen has a right of access to information and records in the possession of the State or any public body, except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.   Sections 4 and 5(1) provide access to information and records, broadly defined.
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 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Section 2
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 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Section 2
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 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Section 2
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 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Section 2
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 2. Application. (1) This Act applies to all information and records of Government ministries, departments, local governments, statutory corporations and bodies, commissions and other Government organs and agencies, unless specifically exempted by this Act. (2) This Act does not apply to - (a) Cabinet records and those of its committees; (b) records of court proceedings before the conclusion of the case; or (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Section 2
2. Scope 12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 NO 0 N/A Not mentioned.
3. Requesting Procedures 13 Requesters are not required to provide reasons for their requests. Y/N answer 0 or 2 points 2 NO 2 6. Access to information and records. A person's right of access is, subject to this Act, not affected by – (a) any reason the person gives for requesting access; or (b) the information officer's belief as to what the person's reasons are for requesting access. Not specifically protected, but Art 6 makes reasons, perceived or stated, irrelevant.
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 11. Form of request. (1) A request for access to a record or information shall be in writing in the prescribed form to the information officer of the public body in control of the record or information required and shall provide sufficient details to enable an experienced employee of the body to identify the record or information. (2) The form for a request of access prescribed under subsection (1) shall require the person requesting access - (a) to provide sufficient particulars to enable the information officer to identify - (i) the record or records requested; and (ii) the person requesting the information; (b) to indicate which applicable form of access referred to in section 20(2) is required; (c) to specify the address of the person requesting the information; and (d) if the request is made on behalf of a person, to state the capacity in which the person requesting the information is making the request. (...) Reg. 3 Request. (8) The information officer shall not refuse to grant a request for access to record based solely on the ground that the request was not in the prescribed form. 11(2) - requirement for only information sufficient to identify the requester. 11(1) implies requirement for official form, but 3(8) of the 2011 regulations says that's not the case.
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 11. Form of request. (1) A request for access to a record or information shall be in writing in the prescribed form to the information officer of the public body in control of the record or information required and shall provide sufficient details to enable an experienced employee of the body to identify the record or information. (2) The form for a request of access prescribed under subsection (1) shall require the person requesting access - (a) to provide sufficient particulars to enable the information officer to identify - (i) the record or records requested; and (ii) the person requesting the information; (b) to indicate which applicable form of access referred to in section 20(2) is required; (c) to specify the address of the person requesting the information; and (d) if the request is made on behalf of a person, to state the capacity in which the person requesting the information is making the request. (3) A person who, because of illiteracy or disability is unable to make a request for access in accordance with subsection (1) may make that request orally. (4) The information officer of a public body to whom an oral request is made under subsection (3) shall reduce the request to writing in the prescribed form and shall provide a copy of the written request to the person requesting access. Reg. 3 Request. (1) A request for access to a record shall be in Form 1 set out in Schedule 2. (2) A public body may provide the form referred to in sub­regulation (1) in electronic format. (...) (8) The information officer shall not refuse to grant a request for access to record based solely on the ground that the request was not in the prescribed form. Reg. 4 Electronic requests. (1) Where practicable, the requester may send the request for a record by email or in other electronic form. (2) Where the request for a record is made in electronic form, the information officer shall print and file the request.   Procedure in section 11 is simple enough. Oral requests are allowed by 11(3), and electronic requests are mentioned in Regs 3(2) and 4.
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 12. Duty to assist persons (1) Where a person informs the information officer - (a) that he or she wishes to make a request for access to a record of the public body of that information officer; or (b) that he or she wishes to make a request for access to a record of another public body, the information officer shall render such reasonable assistance, free of charge, as is necessary to enable that person to comply with section 11. (2) Where a person makes a request for access that does not comply with section 11, the information officer shall not refuse the request because of that non-compliance unless the information officer has ñ (a) notified that person of an intention to refuse the request and stated in the notice ñ (i) the reasons for the contemplated refusal; and (ii) that the information officer or other official identified by the information officer would assist that person in order to make the request in a form that would remove the reasons for refusal; (b) given the person a reasonable opportunity to seek the assistance referred to in paragraph (a)(ii); (c) as far as reasonably possible, furnished the person requesting access with any information, including information about the records, other than information under Part III that would assist the making of the request in that form; and (c) given the person a reasonable opportunity to confirm the request or to alter it to comply with section 11. (3) When computing any period referred to in section 15(1), the period commencing on the date on which notice is given under subsection (2) and ending on the date on which the person confirms or alters the request for access concerned shall be disregarded. (4) Where it is apparent, on receipt of a request for access, that the request should have been made to another public body, the information officer of the public body receiving the request shall - (a) render any assistance necessary to enable the person requesting access to make the request to the information officer of the appropriate public body; or (b) transfer the request in accordance with section 13, to the appropriate information officer, whichever will result in the request being dealt with sooner. S. 12
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 11. Form of request. (3) A person who, because of illiteracy or disability is unable to make a request for access in accordance with subsection (1) may make that request orally.  Access to Information Regulations, 2011, 3(7) Where the requester shows sufficient reason for failing to submit the request in the prescribed form and provides an oral request, the oral request shall be reduced into writing by the information officer or an authorised officer at the expense of the requester...(9) For purposes of sub-regulation (7), sufficient reason includes illiteracy or disability. Reg. 3(7) indicates that illiterate or requesters with disabilities must pay for transcription costs of oral requests, so one point has been deducted.
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 Reg. 8 Acknowledgement of receipt. (1) The information officer, to whom a request is made, shall acknowledge receipt of the request by signing a copy of the request. (2) The information officer shall deal with the request for access to a record without undue delay. Reg. 8
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 13. Transfer of request. (1) Where a request for access is made to the information officer of a public body in respect of which - (a) the record is not in the possession or under the control of that body but is in the possession of another public body; or (b) the subject matter of the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made, the information officer to whom the request is made shall, as soon as reasonably possible but in any event within twenty one days after the request is received - (i) transfer the request to the information officer of the other public body; and (ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it is helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer. (2) Upon the transfer of a request for access, the information officer making the transfer shall immediately notify the person requesting access of - (a) the transfer; (b) the reasons for the transfer; and (c) the period within which the request shall be dealt with. S. 13 - law allows transfers, but permits them where the info is more closely connected to another body.
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. Access and forms of access. (3) Where a person has requested access in a particular form, access shall, subject to section 18, be given in that form, unless to do so would - (a) interfere unreasonably with the effective administration of the public body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not owned by the State or the public body concerned. S. 20(3)
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 16. Decision on request and notice (1) The information officer to whom a request for access is made or transferred shall, subject to section 17, as soon as reasonably possible, be in any event, within twenty one days after the request is received - (a) determine in accordance with this Act, whether to grant the request; and (b) notify the person requesting the access of the decision and, if the person stated as required by section 11(2)(b), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonable possible. 16(1)
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 16. Decision on request and notice (1) The information officer to whom a request for access is made or transferred shall, subject to section 17, as soon as reasonably possible, be in any event, within twenty one days after the request is received - (a) determine in accordance with this Act, whether to grant the request; and (b) notify the person requesting the access of the decision and, if the person stated as required by section 11(2)(b), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonable possible. 16(1) - 21 days.
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 17. Extension of period to deal with request. (1) The information officer to whom a request for access has been made or transferred, may extend the period of twenty one days referred to in section 16(1), in this section referred to as the "original period", once for a further period of not more than twenty one days, if - (a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned; (b) the request requires a search for records in, or collection of the records from, an office of the public body not situated in the same city, town or location as the office of the information officer that cannot reasonably be completed within the original period; (c) more than one of the circumstances contemplated in paragraphs (a) and (b) exist in respect of the request, making compliance with the original period not reasonably possible; or (d) the person requesting for the record consents in writing to the extension. (2) Where a period is extended under subsection (1), the information officer shall, as soon as reasonably possible, but in any case within twenty one days, after the request is received or transferred, notify the person requesting the record of the extension. (3) A notice given under subsection (2) shall state - (a) the period of the extension; (b) adequate reasons for the extension, including the provisions of this Act relied upon; and (c) that the person may lodge an internal appeal or an application with a court, as the case may be, against the extension, and the procedure, including the period, for lodging the internal appeal or application, as the case may be. S. 17
3. Requesting Procedures 24 It is free to file requests. Score: No=0, Yes=2 points 2 NO 0 Reg. 7 Access fee (1) The requester shall pay a non refundable access fee set out in Schedule 3 when requesting for a record from a public body. (2) Upon receipt of the access fee, the information officer shall issue to the requester a signed and stamped acknowledgement slip in Form 2 set out in schedule 2. (3) Where the information requested for is in the public interest or where the disclosure of the information is likely to benefit a large section of the public, the prescribed access fee shall be waived. No - Reg. 7
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 NO 0 47. Regulations. (1) The Minister may, by statutory instrument, make regulations for - (a) any matter which is required or permitted by this Act to be prescribed; (b) any matter relating to the fees including the procedures and guidelines for determining when such fees should be waived or reduced (...) (2) The fee for access to be prescribed by regulations under this section shall be a fee representing the actual cost of retrieval and reproduction of the information. Access to Information Regulations, 2011, 9. Limitation on production of record (2) Where a person is granted access to a record, the head of the public body which has control of the record shall, where necessary, inform the person— (...) (c) of any amount required to be paid as a deposit before the search or production of the record is undertaken or the record is prepared for disclosure; (d) of the estimated total cost of the search for the record and preparation of the record for disclosure; and (e) of any amount required to be paid before access is given to the record including the cost of production or reproduction. 10. Retrieval and reproduction costs (1) The requester shall pay to the relevant public body the cost for retrieval and reproduction of the record. (2) The retrieval and reproduction costs are set out in Schedule 3. S. 47 - the minister may regulate fees, 47(2) limits such fees to the cost of retrieval and reproduction. However, the 2011 Regulations seem to contradict s. 47(2). Reg. 9(2)(c) implies that requesters may need to pay a deposit on top of the access fee before any search is undertaken. Moreover, Reg. 9(2)(d) implies that costs may be charged for the search and preparation of the record, and 9(2)(e) does not limit these costs to production and reproduction ("including"). Finally, Schedule 3 appears to prescribe a fee for "digital data transfer," i.e. electronic access.
3. Requesting Procedures 26 There are fee waivers for impecunious requesters. - 2 NO 0 N/A Not specified.
3. Requesting Procedures 27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points 2 NO 0 N/A Not mentioned.
4. Exceptions & Refusal 28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 Partially 2 2. Application. (3) Nothing in this Act detracts from the provisions of any other written law giving a right of access to the record of a public body. Law says that nothing here DETRACTS from any right of access granted by another law. By stating this, but not stating that other laws can detract from the right of access granted here, there is an implication that other laws will not supersede this. But this is not explicitly stated - hence 2/4.
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 4. Interpretation. In this Act, unless the context otherwise requires – (...) "proprietary information" means information relating to any manufacturing process, trade secret, trademark, copyright, patent or formula protected by law or by International Treaty to which Uganda is a party 27. Protection of commercial information of third party. (1) Subject to subsection (2), the information officer shall refuse a request for access to a record if the record contains - (a) proprietary information as defined in section 4 27(1)(a) - proprietary information exception is overly broad as it categorically excludes information related to trademarks or copyrighted information without a mechanism for consultation.
4. Exceptions & Refusal 30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 Partially 1 25. Cabinet Minutes and those of its Committees (1) Subject to subsection (2), cabinet minutes shall not be accessible to any person other than an authorized public officer. (2) Notwithstanding subsection (1), the Minister may, from time to time by regulations made under section 47, prescribe the categories of records which shall or may be released after the expiration of seven years, fourteen years, and twenty one years respectively after the record came into existence. 30. Protection of law enforcement and legal proceedings. (1) An information officer (b) may refuse a request for access if - (i) the record contains methods, techniques, procedures or guidelines for – (aa) the prevention, detection, curtailment or investigation of a contravention or possible contravention of the law 33. Operations of public bodies. (1) An information officer may refuse a request for access - (a) if the record contains - (i) an opinion, advice, report or recommendation obtained or prepared; or (ii) an account of a consultation, discussion or deliberation that has occurred, including, but limited to, minutes of a meeting, for the purpose of assisting to take a decision in the exercise of a power or performance of a duty conferred or imposed by law 30(1)(b)(I)(aa), Internal deliberations, cabinet documents.
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 34. Mandatory disclosure in public interest. Notwithstanding any other provision in this Part, an information officer shall grant a request for access to a record of the public body otherwise prohibited under this Part if - (a) the disclosure of the record would reveal evidence of - (i) a substantial contravention of, or failure to comply with the law; or (ii) an imminent or serious public safety, public health or environmental risk; and (b) the public interest in the disclosure of the record is greater than the harm contemplated in the provision in question. Section 34
4. Exceptions & Refusal 32 Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. Score 1 point for each 2 Partially 1 32. Defence, security and international relations. (...) (2) A record may not be refused under subsection (l)(b) if it came into existence more than twenty years before the request. 33. Operations of public bodies. (...) (2) A record may not be refused under subsection (1) if the record came into existence more than ten years before the request concerned. Sunset clauses apply to some, but not all categories of information.
4. Exceptions & Refusal 33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. 2 Partially 1 35. Notice to third parties. (1) Where an information officer intends to disclose any record requested for, that contains or that might contain - (a) trade secrets of a third party; (b) financial, commercial, scientific, or technical information that is confidential information supplied to the public body by the third party; (c) information the disclosure of which could result in material financial loss or gain, prejudice the competitive position of the third party or interfere with contractual or other negotiations of the third party, the information officer shall, if the third party can be located, within twenty one days after the request is received, give written notice to the third party of the request and the intention to disclose the record. (2) The third party to whom a notice is required to be given under subsection (2) may waive the requirement and where the third party consents to the disclosure, the third party shall be deemed to have waived the requirement. (3) A notice given under subsection (1) shall include - (a) the intention of the information officer to release the record; (b) a description of the content of the record, that it belongs to and was supplied by or relates to the third party; and (c) that the third party may, within twenty days after the notice, make representation as to why the record should not be disclosed. (4) The information officer may extend the period prescribed by subsection (3)(c) if the time limit prescribed by section 17 is extended but the extension under this subsection shall not exceed the extension under section 17.
36. Representation by third party. (1) The third party to whom notice is given under section 35 shall make the representation within the period stated in the notice; and the information officer shall, within twenty one days of the notice, make a decision whether or not go give access to the record. (2) The representation made under subsection (1) shall be given in writing unless the information officer provides otherwise. (3) The information officer shall give the third party notice of the decision made under subsection (1) and the notice shall include a statement - (a) that the third a party is entitled to request for a review of the decision; and (b) that the person who requested for access will be given access unless a review is requested.
Ss. 35-36 - but this seems to apply only to information regarding commercial secrets.
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 19. Severability (1) Where a request for access is made for a record containing information which is required or authorized or to be refused under Part III, then every part or the record, which does not contain any such information shall be disclosed notwithstanding any other provision of this Act. (2) Where a request for access to - (a) a part of a record is granted; and (b) the other part of the record is refused, in accordance with subsection (1), section 16(2), applies to paragraph (a) of this subsection and section 16(3) to paragraph (b) of this subsection. S. 19
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 16. Decision on request and notice (3) Where the request for access is refused, the notice under subsection (1)(b) shall- (a) state adequate reasons for the refusal, including the provisions of this Act relied upon; (b) exclude from any reasons stated under paragraph (a), any reference to the content of the record; and (c) state that the person may lodge an internal appeal or an application with the Court, as the case may be, against the refusal of the request and the procedure, including the period, for lodging the internal application or appeal as the case may be. 16(3)
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 Partially 1 16. Decision on request and notice (2) Where the request for access is granted, the notice under subsection (1)(b) shall state– (...) (c) that the person requesting access may lodge an internal appeal or an application with the court, as the case may be, against the access fee to be paid or the form of access granted and the procedure, including the period, for lodging the internal application or appeal, as the case may be. (3) Where the request for access is refused, the notice under subsection (1)(b) shall- (...)(c) state that the person may lodge an internal appeal or an application with the Court, as the case may be, against the refusal of the request and the procedure, including the period, for lodging the internal application or appeal as the case may be. 17. Extension of period to deal with request. (3) A notice given under subsection (2) shall state - (...) (c) that the person may lodge an internal appeal or an application with a court, as the case may be, against the extension, and the procedure, including the period, for lodging the internal appeal or application, as the case may be. The law provides for an internal appeal, but the cost, timelines and general procedures are unclear.
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 NO 0 N/A Not mentioned.
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 NO 0 N/A Not mentioned.
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 NO 0 N/A Not mentioned.
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 NO 0 N/A Not mentioned.
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 NO 0 N/A Not mentioned.
5. Appeals 42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points 2 NO 0 N/A Not mentioned.
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 NO 0 N/A Not mentioned.
5. Appeals 44 Requesters have the right to lodge a judicial appeal. 1 for partially, 2 for fully. 2 YES 2 37. Complaints to Chief Magistrate  A person may lodge a complaint with the Chief Magistrate, against the decision of an information officer - (a) to refuse a request for access; or (b) taken under section 17(1) or 20(3), in relation to that person. 38. Appeal to court  A person aggrieved by the decision of the Chief Magistrate under section 35, may, within twenty one days after the decision is communicated to him or her, appeal to the High Court against the decision of the Chief Magistrate. Sections 37 and 38
5. Appeals 45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. 1 for free, 1 for no lawyer required. 2 Partially 1 N/A No requirement for a lawyer.
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 37. Complaints to Chief Magistrate  A person may lodge a complaint with the Chief Magistrate, against the decision of an information officer - (a) to refuse a request for access; or (b) taken under section 17(1) or 20(3), in relation to that person. 17. Extension of period to deal with request. (1) The information officer to whom a request for access has been made or transferred, may extend the period of twenty one days referred to in section 16(1), in this section referred to as the "original period", once for a further period of not more than twenty one days, if - (a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned; (b) the request requires a search for records in, or collection of the records from, an office of the public body not situated in the same city, town or location as the office of the information officer that cannot reasonably be completed within the original period; (c) more than one of the circumstances contemplated in paragraphs (a) and (b) exist in respect of the request, making compliance with the original period not reasonably possible; or (d) the person requesting for the record consents in writing to the extension. 20. Access and forms of access. (3) Where a person has requested access in a particular form, access shall, subject to section 18, be given in that form, unless to do so would - (a) interfere unreasonably with the effective administration of the public body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not owned by the State or the public body concerned. 16. Decision on request and notice (2) Where the request for access is granted, the notice under subsection (1)(b) shall state– (...) (c) that the person requesting access may lodge an internal appeal or an application with the court, as the case may be, against the access fee to be paid or the form of access granted and the procedure, including the period, for lodging the internal application or appeal, as the case may be. S. 37 of the Act provides for appeals against a refusal or timeline breaches (17(1)) or information needed in a particular format (20(3)). Fees are mentioned as a basis of appeal in 16(2)(c).
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 N/A Clear procedure, but no timelines.
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 41. Civil proceedings. (1) For the purposes of this Part, proceedings on application are civil proceedings. (2) The rules of evidence applicable in civil proceedings apply to proceedings in an application under this Part. (3) The burden of establishing that - (a) the refusal of a request for access; or (b) any decision taken under this Act complies with the provisions of this Act rests on the party claiming that it complies. S. 41
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 42. Decision of court. The court hearing an application under section 37 may, in addition to any other order, grant an order – (a) confirming, amending or setting aside the decision which is the subject of the application concerned; (b) requiring an information officer to grant or deny access to a record of a public body; (c) requiring the information officer or relevant authority of a public body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order; (d) granting an interim or specific relief, a declaratory order or compensation; or (e) as to costs. Yes - the court hearing the ATI Act hearing is empowered to make any order.
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 46. Offences. A person who with intent to deny a right of access under this Act - (a) destroys, damages or alters a record; (b) conceals a record; or (c) falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding three year or both. Section 46
6. Sanctions & Protections 51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). Score 1 point for either remedial action or sanctions, 2 points for both 2 NO 0 N/A Not mentioned.
6. Sanctions & Protections 52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. Score 1 for oversight body, 1 for immunity for others 2 YES 2 45. Protection of officers. A public officer, information officer or other person acting on the directions of such a person is not subject to any civil or criminal liability for any act done or omitted to be done in good faith in the exercise or performance of any power or duty under this Act. S. 45
6. Sanctions & Protections 53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). Score 2 for strong protections, 1 for moderate protections 2 YES 2 44. Protection of persons releasing information (1) No person shall be subject to any legal, administrative or employment-related sanction, regardless of any breach of a legal or employment obligation, for releasing information on wrongdoing, or information which would disclose a serious threat to health, safety or the environment, as long as that person acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety or the environment. (2) For purposes of subsection (1), wrongdoing includes the commission of a criminal offence, failure to comply with a legal obligation, a miscarriage of justice, corruption or dishonesty, or maladministration regarding a public body. S. 44. Also covered by Uganda's Whistleblowers Protection Act.
7. Promotional Measures 54 Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. Score Y/N, Y=2 points 2 NO 0 4. Interpretation. In this Act, unless the context otherwise requires – (…) "information officer" means the Chief executive of a public body   10. Information officers For the purposes of this Act, the Chief Executive of each public body shall be responsible for ensuring that records of the public body are accessible under this Act. The Act assigns this responsibility to the Chief Executive of each public body, not to an official with a dedicated responsibility for information provision.
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 NO 0 N/A Not mentioned.
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 7. Manual of functions and index of records of public body. (1) Within six months after the commencement of this section or the coming into existence of a public body, the information officer of the public body shall compile a manual containing - (a) a description of the public body and the functions of the public body; (b) the postal and street address, phone and fax number and electronic mail address of the information officer of the body and of every deputy information officer; (c) the address of the established office of the public body at which the public may make requests and obtain information; (d) sufficient detail, including the nature of all formal and informal procedures available to facilitate a request for access; (e) a description of the subjects on which the body holds records and the categories of records held on each subject; (f) the most recent notice published under section 8, if any, regarding the categories of records of the body which are available without a person having to request access under this Act; (g) a description of the services available to members of the public from the body and how to gain access to those services; (h) a description of any arrangement or provision for a person by consultation, making representations or otherwise, to participate in or influence - (i) the formulation of policy; or (ii) the exercise of the powers or performance of duties, by the body; (i) a description of all remedies available in respect of an act or a failure to act by the body; and (j) such other information as may be prescribed. (2) A public body shall update and publish its manual at least once in every two years. (3) Each manual shall be made available as prescribed. S. 7
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 NO 0 N/A Not mentioned.
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 8. Disclosure and automatic availability of certain records. An information officer shall, once in every two years, publish a description of - (a) the categories of records of the public body that are automatically available without a person having to request access under this Act, including the categories available – (i) for inspection under a written law other than this Act; (ii) for purchase or copying from the public body; and (iii)from the public body free of charge; and (b) how to obtain access to those records. S. 8 - only for records that are automatically available.
7. Promotional Measures 59 Training programs for officials are required to be put in place.   Score Y/N, Y=2 points 2 NO 0 N/A Not mentioned.
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 43. Annual report. (1) Each Minister shall submit an annual report to Parliament on requests for access to records or information made to public bodies under his or her ministry in relation to the relevant year, and shall indicate whether access was given or not and if access was not given, state reasons for the denial. (2) For avoidance of doubt, the annual report referred to in subsection (1) may be included in the annual policy statement of the Ministry. S. 43
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 NO 0 N/A Not mentioned.