Ghana Act or statute

Parliament of Ghana

Right to Information Act 989

access to informationadministrative decision-makingadministrative penaltiesadministrative powersadministrative procedureadministrative responsibilityadvisory bodiesallowancesannual reportingappealsappeals processapplication processingapplication transferappointment terminationappointmentsarchivesauditbank account controlsboard administrationboard governanceboard meetingsboard powersboard procedurebudget approvalburden of proofcommission establishmentcommission expensescommission fundingcommission reviewcommitteescomplaints handlingcompliancecompliance enforcementcompliance reportingconfidential communicationsconfidential informationconfidentialityconflict of interestcontractsdata governancedefinitionsdelegationdeliberative processdisclosure controldisclosure exemptionsdisclosure obligationsdocument handlingengagement of expertsevidenceexecutive governanceexempt informationfees and chargesfinancial reportingfunds retentiongovernancegovernment information disclosuregovernment processgovernment servicehearingsimmunity from liabilityinformation accessinformation access proceduresinformation disclosureinformation exemptionsinformation handlinginformation officersinformation requestsinspectionsinternal governanceinternal reviewinternational relationsinvestigationsjudicial ordersjudicial reviewlibrarieslitigationmeeting procedureministerial reportingmuseumsnotices and communicationsnotificationnotificationsoffences and penaltiesoffice tenureparliamentary reportingpolicy guidanceproperty managementpublic administrationpublic hearingspublic informationpublic information disclosurepublic information requestspublic institution chargespublic institution informationpublic institution recordspublic institutionspublic recordspublic records accesspublic sector informationpublic-interest disclosurepublic-sector disclosurepublicationquorumrecord disclosurerecord handlingrecord keepingrecords accessrecords amendmentrecords managementrefusal noticesrefusal of accessregulatory complianceregulatory enforcementregulatory extensionregulatory powersregulatory procedurereportingrepresentationsresearch and reportingresignationresponse deadlinesreview processsecuritytax recordstime extensiontrainingvacancies

Jurisdiction: Ghana
Structure: 86 provisions
Citation: Act 989
Dates: Undated source snapshot

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Purpose and legislative effect

“A person has a right to information, and may apply without giving a reason unless the application is treated as urgent.”

A person has a right to information, and may apply without giving a reason unless the application is treated as urgent. The Government must provide the public with general information on governance, and no application from a specific person is needed. Public institutions must publish an up-to-date manual within 12 months of commencement and every 12 months after that, and must maintain an information unit and accurate information records. The Right to Information Commission must issue guidelines for preparing the manual for a public institution, after consulting the Minister. Information is exempt from disclosure in specified cases involving the President or Vice-President, but factual or statistical data is not exempt.

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Right of access to information

A person has a right to information, and may apply without giving a reason unless the application is treated as urgent.

Section 1

Deferred access

A public institution may defer access to information in limited cases, and the information officer must tell the applicant in writing within three days why access was deferred and how long the deferment is likely to last.

Section 22

Functions of the Commission

The Commission has broad powers to request information, examine and keep information, handle complaints, conduct matters efficiently, hold hearings publicly unless inappropriate, and publish its decisions quarterly.

Section 44

Application for review

A dissatisfied person may ask the Commission to review a decision, orally or in writing.

Section 65

Section 86

This section says the Act starts at the beginning of the next financial year and gives standard oath wording for office holders, including a secrecy promise.

Section 86

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Showing 86 of 86 provisions

Provision 69Offence 8Amendment 4Commencement 3

§ 1Right of access to informationProvision

A person has a right to information, and may apply without giving a reason unless the application is treated as urgent.

Section 1—Right of access to information (1) A person has the right to information, subject to the provisions of this Act. (2) The right may be exercised through an application made in accordance with section 18. (3) A person may apply for information without giving a reason for the application. (4) Despite subsection (3), where an applicant requests that the application be treated as urgent, the applicant shall state the reason for the urgency.

Section 1Verify source

§ 2Responsibility of Government to provide information Compilation and Publication of Manual on Information of a Public InstitutionProvision

The Government must provide the public with general information on governance, and no application from a specific person is needed.

Section 2—Responsibility of Government to provide information The Government shall make available to the public, general information on governance without an application from a specific person. 6 Compilation and Publication of Manual on Information of a Public Institution

Section 2Verify source

§ 3Responsibility of public institution in respect of accessCommencement

Public institutions must publish an up-to-date manual within 12 months of commencement and every 12 months after that, and must maintain an information unit and accurate information records.

Section 3—Responsibility of public institution in respect of access (1) A public institution shall, within twelve months from the date of the coming into force of this Act, and every twelve months after that date, compile and publish an up-to-date information in the form of a manual. (2) The manual shall contain (a) a list of departments or agencies under that public institution and a description of the organisational structure and responsibilities of each public institution including details of the activities of each division or branch of the public institution; (b) a list of the various classes of information which are prepared by or are in the custody or under the control of each public institution; (c) a list of the types of information that may be accessed or inspected free of charge or subject to a fee payable in respect of an access to information as specified under section 75; (d) the name, address and any other contact details of the information officer or a designated officer of the public institution where a request to access information may be made; (e) the telephone number, fax, e-mail, postal address and any other contact detail of the information unit in the public institution where information which is accessible under this Act or any other enactment, can be accessed; and (f) the arrangements made or procedures established by the public institution to enable a member of the public to seek amendment of that member's personal official records with the public institution. (3) A public institution shall (a) generate, process, maintain and preserve information which is accurate and authentic; and (b) establish an information unit headed by an information officer who shall facilitate access to information.

Section 3Verify source

§ 4Provision of guidelines for manual Exempt InformationProvision

The Right to Information Commission must issue guidelines for preparing the manual for a public institution, after consulting the Minister.

Section 4—Provision of guidelines for manual The Right to Information Commission shall, in consultation with the Minister issue guidelines for the preparation under section 3 of the manual by a public institution.

Section 4Verify source

§ 5Information for the President or the Vice-PresidentProvision

Information is exempt from disclosure in specified cases involving the President or Vice-President, but factual or statistical data is not exempt.

Section 5— Information for the President or the Vice-President (1) Information is exe mpt from disclosure where the information (a) is prepared for submission or has been submitted to the President or Vice-President for consideration; or (b) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made or given to the President or the Vice-President and is likely to 7 (i) undermine the deliberative process on the part of the President or of the Vice-President; or (ii) prejudice national security. (2) Information which contains factual or statistical data is not exempt information.

Section 5Verify source

§ 6Information relating to CabinetProvision

Some information is exempt from disclosure when it relates to Cabinet matters and meets the listed conditions; Cabinet may still publish or grant access to otherwise exempt information.

Section 6—Information relating to Cabinet (1) Information is exempt from disclosure where the information (a) is prepared for submission to Cabinet or submitted to Cabinet for consideration, or (b) is at Cabinet, not published or released to the public, and (c) contains matters the disclosure of which would reveal information concerning opinion, advice, deliberation, recommendation, minutes or consultation made and is likely to (i) prejudice the effective formulation or development of government policy; (ii) frustrate the success of a policy by premature disclosure of that policy; (iii) undermine the deliberative process in Cabinet; or (iv) prejudice national security. (2) Information which contains factual or statistical data is not exempt information. (3) Cabinet may publish or grant access to information that is otherwise exempt under this section. (4) For the purposes of this section, Cabinet includes a committee or sub-committee of Cabinet.

Section 6Verify source

§ 7Information relating to law enforcement and public safetyOffence

Information may be withheld if disclosure could harm law enforcement, public safety, investigations, trials, confidential sources, or related security interests.

Section 7—Information relating to law enforcement and public safety (1) Information is exempt from disclosure where the information contains matters which if disclosed can reasonably be expected to (a) interfere with the prevention, detection or curtailment of a contravention or possible contravention of an enactment, (b) prejudice the investigation of a contravention or possible contravention of an enactment, (c) reveal investigation techniques and procedures in use or likely to be used in law enforcement, (d) disclose the identity of a confidential source of information, matter or the information given by a confidential source in respect of law enforcement, (e) impede the prosecution of an offence, (f) endanger the life or physical safety of a person, (g) prejudice the fair trial of a person or the impartial adjudication of a case, (h) reveal a record of information that has been confiscated from a person by a police officer or a person authorised to effect the confiscation in accordance with an enactment, 8 (i) interfere with the maintenance or enforcement of a lawful method or procedure for protecting the safety of the public, (j) endanger the security of a building, structure or means of transport or a system including computer and communication systems for which security is reasonably required, (k) prejudice the security of a prison or place for lawful detention, (l) facilitate the escape of a person from lawful custody, or (m) prejudice a system or procedure for witness protection or any other procedure for the protection of persons or property where the protection is required. (2) Despite subsection (1), information is not exempt from disclosure where that information (a) consists merely of a report on the outcome of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; (b) contains a general outline of the structures of a programme adopted by a public institution to deal with a contravention or possible contravention of an enactment; or (c) consists merely of a report on a law enforcement investigation that has already been disclosed to the person who is the subject of the investigation.

Section 7Verify source

§ 8Information affecting international relationsProvision

Some information may be withheld from disclosure where releasing it could harm international relations or expose confidential government or international communications; the President may approve disclosure anyway.

Section 8—Information affecting international relations (1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the relations between the Government and the government of any other country, (b) reveal information communicated in confidence to a public institution by or on behalf of another government, (c) reveal information communicated in confidence to a public institution by an international organisation or a body of that organisation, (d) reveal information communicated in confidence by a public institution to (i) another public institution in another country or another government; or (ii) an international organisation or a body of that organisation. (2) Despite subsection (1), the exempt information may be disclosed if the President gives prior approval for the disclosure.

Section 8Verify source

§ 9Information that affects the security of the StateProvision

Some information is exempt from disclosure where release could harm defence or security, including terrorism, sabotage, or espionage matters.

Section 9—Information that affects the security of the State (1) Information is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) damage or prejudice the defence of the Republic or a foreign State allied to or friendly with the Republic, or 9 (b) be prejudicial to the detection, prevention or suppression of terrorism, sabotage or espionage, (2) Subject to article 135 of the 1992 Constitution, information created by or in the custody of the Ghana Armed Forces or the security and intelligence agencies established under the Security and Intelligence Agencies Act, 1996 (Act 526) which is likely to threaten the security of the State is exempt information,

Section 9Verify source

§ 10Economic and any other interestsProvision

Information is exempt from disclosure before official publication if one of the listed harm-based conditions applies.

Section 10—Economic and any other interests Information is exempt from disclosure prior to official publication where (a) the information contains trade secrets or financial, commercial, scientific or technical information that belongs to the State or public institution and the information has monetary or a potential monetary value; (b) the disclosure of the information can reasonably be expected to affect the intergrity or stability of the financial system or, damage the financial interests of the State or public institution or the ability of the State to manage the national economy; (c) the disclosure of the information can reasonably be expected to cause a disruption of business or trade in the country; (d) the disclosure of the information can unduly benefit or be injurious to a person because it provides prior information about future economic or financial measures to be introduced by the Government or public institution; (e) the information contains criterion, procedure, position or instruction that relates to negotiations being carried on or to be carried on by or on behalf of the State or public institution, the disclosure of which shall be injurious to national security and economic development; or (f) the information contains questions or methodology to be used in an examination, recruitment or selection process and the release is likely to jeopardise the integrity of that examination, recruitment or selection process.

Section 10Verify source

§ 11Economic information of third partiesProvision

Certain confidential trade, research, scientific, technical, commercial, financial, or labour information is exempt from disclosure when disclosure could cause specified harm.

Section 11—Economic information of third parties (1) Information which would reveal a trade secret, research, scientific, technical, commercial, financial or labour related information supplied in confidence is exempt from disclosure if the disclosure of that information can reasonably be expected to (a) prejudice the competitive position of a person, a group of persons or an organisation; (b) adversely affect negotiations with a third party; (c) result in undue loss or gain to a person, a group, a financial institution or any other body; or (d) result in a public institution not being supplied with similar information where it is in the public interest that the similar information be supplied to the public institution. (2) Information which has already been made available to the public by the appropriate person, authority or body is not exempt from disclosure under subsection (1). 10

Section 11Verify source

§ 12Information relating to taxProvision

Information from a tax return or gathered to determine tax liability is exempt from disclosure, but it may be disclosed if the person it relates to agrees.

Section 12—Information relating to tax (1) Information obtained. from a tax return or gathered for the purposes of determining tax liability is exempt from disclosure. (2) Exempt information under subsection (1), may be disclosed if the person to whom the information relates, agrees to the disclosure.

Section 12Verify source

§ 13Internal working information of public institutionsProvision

Some internal information of a public institution is exempt from disclosure, especially where release would reveal opinions, advice, recommendations, consultations, or deliberations and could undermine the deliberative process.

Section 13—Internal working information of public institutions (1) Information is exempt from disclosure where the disclosure of the information will reveal (a) an opinion, or an advice given, or (b) a recommendation, consultation or deliberation made to the public institution and is likely to undermine the deliberative process in that public institution. (2) Information which (a) merely contains material that has been publicly mentioned as the basis of a public policy or for formulating public policy, or (b) contains only factual or statistical data, is not exempt from disclosure.

Section 13Verify source

§ 14Parliamentary privilege, fair trial, contempt of courtProvision

Information may be withheld from disclosure where disclosure could breach parliamentary privilege, harm a fair trial, affect impartial court or quasi-judicial adjudication, or amount to contempt of court.

Section 14—Parliamentary privilege, fair trial, contempt of court Information is exempt from disclosure if its disclosure can reasonably be expected to (a) infringe or contravene a parliamentary privilege, (b) prejudice the fair trial of a person or the impartial adjudication of a case before a court or a quasi-judicial body, or (c) constitute contempt of court or of a quasi-judicial body.

Section 14Verify source

§ 15Privileged informationProvision

Certain information is exempt from disclosure when it is privileged or would reveal confidential medical communications; the privilege can be knowingly waived.

Section 15—Privileged information (1) Information is exempt from disclosure where (a) it is privileged on grounds of (i) lawyer and client professional relationship, (ii) communication between spouses whether married under an enactment or under the common law as defined in clause (2) of article 11 of the Constitution; or (iii) the Evidence Act, 1975 (N.R.C.D. 323); or (b) the disclosure of the information reveals confidential communication between a doctor and a patient or any other medical expert in connection with the medical diagnosis or treatment of the patient. (2) Subsection (1) does not apply where the person entitled to the privilege knowingly waives the privilege.

Section 15Verify source

§ 16Disclosure of personal mattersProvision

Information about a person’s private affairs is exempt from disclosure when disclosure would be unreasonable.

Section 16—Disclosure of personal matters 11 (1) Information, the disclosure of which is unreasonable concerning the personal affairs of an individual whether living or deceased is exempt from disclosure. (2) Disclosure is unreasonable if it reveals or is likely to reveal information about the individual's (a) physical or mental health; (b) business or trade secrets of commercial value; or (c) confidential professional, commercial or financial affairs. (3) Disclosure is reasonable if (a) the individual to whom the information relates gives prior consent; (b) the disclosure is required to promote public health or public safety; (c) the disclosure is necessary in order to subject government activities to public scrutiny; (d) the disclosure does not unjustifiably damage the reputation of any other person referred to in the information; (e) the disclosure is made to the individual to whom the information relates; (f) the disclosure does not contravene a provision on exempt information specified in this Act; (g) the disclosure would not have an adverse effect on the affairs of the individual; (h) the disclosure would not prejudice the future supply of information; (i) the information has already been made available to the public by the appropriate person. authority or body; (j) the individual to whom the information relates was informed or made aware prior to supplying the information or that the information belongs to a class of information that will or might be made available to the public; (k) in the case of a deceased person, the applicant is the next of kin or represents the next of kin or is the personal representative of the deceased; or (l) the disclosure is about the physical or mental health or well-being of the individual who is under the care of the applicant and who is (i) under the age of eighteen years, or (ii) incapable of understanding the nature of the request and giving access would be in the best interest of the individual.

Section 16Verify source

§ 17Disclosure for the protection of public interest Procedure for AccessProvision

Information is not exempt from disclosure when disclosure would reveal evidence of specified public-interest harms or wrongdoing, and a person who discloses or authorises disclosure under this section is not liable in criminal or civil proceedings.

Section 17—Disclosure for the protection of public interest (1) Despite a provision of this Act on information exempt from disclosure, information is not exempt from disclosure if the disclosure of the information reveals evidence of (a) a contravention of, or a failure to comply with a law; 12 (b) an imminent and serious threat to public safety, public health or morals, the prevention of disorder or crime or the protection of the rights or freedoms of others. (c) a miscarriage of justice; (d) an abuse of authority or a neglect in the performance of an official function; or (e) any other matter of public interest and the benefits of disclosure clearly outweigh the harm or danger that the disclosure will cause. (2) A person who discloses information or authorises the disclosure of information under this section is not liable in criminal or civil proceedings for the disclosure or authorisation of the disclosure of information under this section. Procedure for Access

Section 17Verify source

§ 18Application to access informationProvision

Applications to access information held by a public institution must be made in writing with specified details, but oral requests are allowed if the applicant cannot write because of illiteracy or disability.

Section 18—Application to access information (1) An application to access information held by a public institution shall (a) be made in writing to the public institution; (b) contain sufficient description or particulars to enable the information to be identified, (c) indicate the form and manner of access required, (d) state the capacity of the applicant to the satisfaction of the information officer to whom the application is made, if the application is made on behalf of another person, (e) state the name of the applicant, an address to which a communication or notice can be sent, (f) provide identification of the applicant; and (g) be signed by the applicant. (2) Where an applicant is unable to make the application in writing due to illiteracy or.a disability, the applicant may make the request orally. (3) Where a request is made orally under subsection (2), the request shall be reduced into writing by the information officer to whom the application is made, who shall give a copy of the written request as recorded and as duly authenticated to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the written request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262); (b) ask a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) ask the applicant to make a thumbprint or a mark on the request. 13 (5) Where an application does not sufficiently describe the information required, the public institution to which the application is made shall so inform the applicant and offer the applicant the necessary assistance to identify the information. (6) Where a public institution receives an application for access, part of which is exempt, the information officer shall disclose to the applicant as much of the information as can reasonably be separated without disclosing the exempt part. (7) For the purposes of this section, the reference to "writing" in subsection (3) includes electronic form and "Braille".

Section 18Verify source

§ 19Person to deal with applicationProvision

An application to access information must be handled by the information officer of the public institution.

Section 19—Person to deal with application An application to access information shall be dealt with by the information officer of the public institution.

Section 19Verify source

§ 20Transfer of applicationProvision

An information officer must refer or transfer an application to the relevant public institution within 2 days, and give notice; if a transfer is received, the receiving institution must notify the applicant within 3 days. If the institution lacks the information, the officer must make enquiries and, if needed, transfer and notify within up to 10 days.

Section 20—Transfer of application (1) Where a public institution is unable to deal with an application because the information requested (a) is not in the custody or control of the public institution, but to the knowledge of the public institution, it is held by another public institution, or (b) is in the custody of the public institution but it is more closely related to the functions of another public institution, the information officer shall, within two days of the receipt of the application, (c) refer the applicant to the relevant public institution; or (d) transfer the application to the relevant public institution and give written notice of the transfer to the applicant. (2) Where a public institution receives a transfer of application under paragraph (b) of subsection (1), the public institution shall notify the appicant [sic] of the receipt of the application within three days after the receipt of the application. (3) Where an application for access is made and the public institution to which the application is made does not have the information it its custody, the information officer shall, within a period of not more than ten days, (a) make the necessary enquiry to establish whether any other public institution has the information, and (b) transfer the application to that other public institution if that public institution has the information, and (c) notify the applicant accordingly. (4) A notice of transfer shall state, (a) the date of the transfer, (b) the public institution to which the transfer is made, and 14 (c) the reason for the transfer. (5) An application transferred from one public institution to another is a request for access to information made to the public institution to which the application is transferred on the date the transfer is received.

Section 20Verify source

§ 21Information readily available in official publication 2Provision

If a public institution gets an access-to-information request for information it knows is already in another public institution’s official publication, it must send the request to that institution and notify it of the request.

Section 21—Information readily available in official publication Where a public institution receives an application for access to information which to the knowledge of the public institution is readily avaialable [sic] in n official publication held by another public institution, the public institution shall (a) direct the application to that public institution having custody of the official publication containing the information sought; and (b) notify that public institution of the request by the applicant.

Section 21Verify source

§ 22Deferred accessProvision

Section 22—Deferred access (1) A public institution may defer access to information if it is information (a) which is required to be published within ninety days from the date of receipt of the application or the transfer of the application, or (b) which has been prepared for submission to any person and is yet to be submitted, (2) Where an application for access is deferred for any of the reasons stated in subsection (1), the information officer shall, within three days after the deferment notify the applicant in writing of (a) the reason for the deferment; and (b) the likely period of the deferment.

Section 22Verify source

§ 23Decision on applicationProvision

The information officer must decide access applications and notify the applicant within 14 days, with faster 48-hour action for life-or-liberty requests.

Section 23—Decision on application (1) Where an application for access is received by a public institution, the information officer shall take a decision on the application and send a written notice to the applicant within fourteen days from the date of receipt of the application. (2) The notice shall state (a) whether or not access to the information will be given, and (b) whether access to only a part of the information can be given and the reason for giving only a part. (3) Where the information officer decides to give access, the notice shall state (a) the form or manner in which the access will be given; (b) whether access is to only a part of the information because the other part is exempt information; (c) the day on which the public institution expects the information to be published or submitted, in the case of a deferred access under section 22; and 15 (d) the prescribed fee for the reproduction of information. (4) Where the information officer decides to refuse access, the notice shall state the reason for the refusal and the provision under which the decision for the refusal is based. (5) Where an information officer fails to determine an application within fourteen days after the application is received by the public institution, the application is deemed to have been refused and the applicant has the right to seek redress under sections 31 to 39. (6) Subsection (5) does not apply to an application which has been transferred to another public institution or which the public institution has refused to continue to process for failure to pay the prescribed deposit or fee. (7) Where an application relates to information which reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall, within forty-eight hours, (a) determine whether or not to grant the application, (b) notify the applicant of the decision in writing, and (c) give the applicant access to the information where the application is granted. (8) Despite subsection (7), where the information requested contains third party information, an applicant may not be granted access to that information until (a) the time that the right of a party to appeal against the release of the information has expired, or (b) an appeal lodged by the third party has been determined. (9) Where upon the perusal of an application, it does not appear to the information officer that the information requested reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer shall within forty-eight hours of receipt of the application (a) give notice of the decision and reasons for the decision to the applicant, and (b) inform the applicant that, subject to the right of the applicant to apply to the Commission, for a review, the information officer shall make a decision with respect to whether to grant access to the requested information within fourteen days. (10) Where information sought by an application does not exist because a duty is not placed on a public institution by any law to hold or collect the information, or the information has been destroyed in accordance with law, the information officer shall give notice to the applicant stating the reasons.

Section 23Verify source

§ 24Non-existent informationProvision

If the information officer cannot find requested information and reasonably believes it does not exist, the officer must issue a signed written notice to the applicant saying access cannot be given.

Section 24—Non-existent information (1) Where reasonable and practical steps have been taken to find the information requested and there are reasonable grounds to believe that the information does not exist, the information officer shall, by a written declaration signed by that information officer, notify the applicant that it is not possible to give access for the stated reason. (2) The notice shall state the steps taken to find the document or to determine its existence. 16 (3) A notice under this section is a refusal to give access to the information and the applicant may take the steps that are open to the applicant under sections 31 to 39.

Section 24Verify source

§ 25Extension of time to deal with an applicationProvision

The head of the institution may extend the time for dealing with an application in specified cases, and an information officer must notify the applicant in writing within seven days if an extension is granted.

Section 25—Extension of time to deal with an application (1) The head of the institution may extend the time provided for dealing with the application for a further period if (a) the application is for a large volume of information or necessitates a search through a large number of records and compliance with the original time limit would unreasonably interfere with the operations of the public institution, (b) the information requested has to be gathered from more than one source, or (c) consultations with a person outside the public institution are required and cannot reasonably be complied with within the time limit (2) The period of extension shall not exceed seven days from the date when a decision on the application should have been made. (3) Where an extension of time is granted under this section, an information officer shall, within seven days of the receipt of the application, notify the applicant in writing stating, (a) the period of the extension, (b) the reason for the extension, and (c) the right of the applicant to lodge an application for a review under sections 31 to 39 within the prescribed period.

Section 25Verify source

§ 26Refusal to processProvision

A public institution may stop processing an application if the applicant has not paid the prescribed fee in time, and it must notify the applicant in writing right away if it refuses.

Section 26—Refusal to process (1) A public institution may refuse to continue to process an application where the applicant has not paid the prescribed processing fee for the reproduction of information within the period of time specified in the notice. (2) A public institution that refuses to continue to process an application shall immediately notify the applicant in writing of the refusal. (3) A refusal to continue to process an application under this section is subject to review and appeal under sections 31 to 39.

Section 26Verify source

§ 27Refusal of accessProvision

A public institution may refuse access to information in two cases: if the request is manifestly frivolous or vexatious, or if the information is exempt. If access is refused, the information officer must notify the applicant in writing of the reason.

Section 27—Refusal of access (1) A public institution may refuse access to information if (a) the application is manifestly frivolous or vexatious; or (b) the information is an exempt information. (2) Where an information officer refuses to grant access to information for any of the reasons stated in subsection (1), the information officer shall notify the applicant in writing of the reason upon which the refusal is based. 17

Section 27Verify source

§ 28Manner of access Amendment of Personal Records in Custody of a Public InstitutionAmendment

An applicant can get access to information in the requested form unless that form would harm preservation or is otherwise unsuitable; if another form is used, the applicant must be told why and cannot be charged more than the requested-form fee.

Section 28—Manner of access (1) Access to information may be given to an applicant (a) by giving the applicant (i) a reasonable opportunity to inspect the information, or (ii) a copy of the information, (b) by making arrangements for the applicant to hear the sounds or view the visual images, in the case of information from which sounds or visual images are capable of being reproduced, whether or not with the aid of another device, (c) by giving the applicant a written transcript of the words recorded in a document, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in the form of sound, (d) by giving the applicant a written transcript of the words in the case of information in which words are contained in the form of shorthand writing or in coded form, (e) by giving the applicant the written form, in the case of information in which words are recorded in a manner in which they are capable of being reproduced in a written form, or (f) in any other form, electronic, magnetic, optical or otherwise, including a computer print- out, various computer storage devices and web portals. (2) Where a request for access to information has been made in a particular form, access to information (a) shall be given in that form, or (b) may be refused if (i) it is likely to be detrimental to the preservation of the information; or (ii) having regard to the physical nature of the information, it is not appropriate to grant access in that form. (3) Where access cannot be given in the form specified by the applicant but can be given in some other form, (a) access shall be given in that other form; and (b) the applicant shall be provided with a reason why access cannot be given in the specified form. (4) For the purposes of subsection (3), the applicant shall not be required to pay a fee which is greater than the fee that the applicant would have paid had access been given in the form requested. Amendment of Personal Records in Custody of a Public Institution

Section 28Verify source

§ 29Amendment of personal recordsAmendment

A person who has access to information in a public institution’s records may apply to amend it if it is their personal record and they think it is incorrect, misleading, incomplete, or out of date.

Section 29—Amendment of personal records 18 A person given access to information contained in the records of a public institution may apply for an amendment of the information if (a) the information represents the personal records of that person, and (b) in the opinion of that person, the information is incorrect, misleading, incomplete or out of date.

Section 29Verify source

§ 30Application for amendment of information Internal Reviews and AppealsAmendment

An applicant asking to amend information in a public institution’s records must file a written, signed application with identity details, enough particulars to identify the records, the specific error claimed, and an address for notice.

Section 30—Application for amendment of information (1) An application for the amendment of information contained in the records of a public institution shall (a) be in writing, (b) indicate name and proof of identity, (c) contain particulars which will enable the records of the public institution, to which the applicant has been given access, to be identified, (d) specify the area in which the applicant claims the information contained in the records is incorrect, misleading, incomplete or out of date, and (e) be signed by the applicant. (2) Where the applicant claims that the information contained Ltd. the records is incomplete or out of date, the application shall be accompanied with the relevant information which the applicant considers necessary to complete the records of the public institution or bring them up to date. (3) An application shall indicate an address to which a notice under this Act should be sent and the application shall be submitted at the office of the public institution. Internal Reviews and Appeals

Section 30Verify source

§ 31Right to internal reviewProvision

A person aggrieved by an information officer’s decision may ask the head of the public institution for internal review, unless this Act provides otherwise.

Section 31—Right to internal review Except as otherwise provided in this Act, a person aggrieved by a decision of the information officer of a public institution may submit an application for internal review of that decision to the head of the public institution.

Section 31Verify source

§ 32Application for internal reviewProvision

This section sets the procedure for applying for internal review, including a 30-day filing limit and filing/handling requirements for the information officer.

Section 32—Application for internal review (1) An application for internal review shall be made within thirty days of the receipt of the decision of an information officer. (2) An application for internal review (a) may be in writing; (b) may be made orally; (c) shall be addressed to the head of the public institution; and (d) shall state the request and the decision of the information officer which is the subject of the application for internal review, 19 (3) Where an applicant makes a request for internal review, the information officer shall put the oral request into writing and provide a copy of the written request to the applicant. (4) Where the applicant is illiterate, and the request has been reduced into writing, the information officer shall (a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (CAP 262); (b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request"; and (c) require the applicant to make a thumbprint or a mark on the request. (5) Where a request for internal review referred to in subsection (1) is lodged after the expiry of thirty days, the information officer may, upon good cause shown, allow the late lodging of the request. (6) On the receipt of a request for internal review, the information officer shall, as soon as practicable, but in any event within five days after receipt of the request, (a) submit to the head of the public institution (i) the request for internal review; (ii) the reasons of the information officer for the decision; and (iii) the application that is the subject of the review; and (b) notify the applicant and other interested persons in writing of the submission of the records to the head of the public institution.

Section 32Verify source

§ 33Decision on internal reviewProvision

The head of a public institution must decide an internal review request within 15 days and notify the applicant in writing.

Section 33—Decision on internal review (1) The head of the public institution to whom a request for internal review is made shall, as soon as reasonably practicable, but in any event within fifteen days of receipt of the request (a) make a decision; and (b) notify the applicant of that decision in writing. (2) Where the head of the public institution determines that access should be granted, the notice referred to in subsection (1) shall state (a) the fee payable; and (b) the form in which access will be given. (3) Subject to subsection (4), where the applicant has been notified that access to the information has been granted, that applicant shall, upon payment of the prescribed fee or where no fee is payable, be given access to the information. (4) Where the head of the public institution decides to release information that contains third party information, the applicant shall not be granted access to that information unless 20 (a) the third party has been notified of the request and has consented to the release of the information; or (b) any appeal lodged against the release of the information by the applicant has been determined. (5) Where the head of the public institution decides to release the information despite the disapproval of the third party, the head of the public institution shall inform the third 'party in writing. (6) Where the head of the public institution refuses access to the information, the head of the public institution shall notify the applicant in writing. (7) The notice to the applicant shall (a) state the reason for the refusal based on the (i) contents of the request; and (ii) the information considered by the head of the public institution; . (b) contain a reference to the specific provision of this Act, relied on; and (c) inform the applicant of the right to apply to the Commission for a review of the decision in accordance with section 65 arid the process of lodging that appeal.

Section 33Verify source

§ 34Notice to third partiesProvision

If the Commission notifies a public institution about a pending hearing or investigation, the head of that institution must tell the Commission which third parties are affected. The Commission must also take necessary steps to notify third parties, but it may skip notification if it considers that necessary.

Section 34—Notice to third parties (1) Where the head of a public institution receives a notice from the Commission of a hearing or an investigation pending before the Commission, the head of the public institution shall inform the Commission of all third parties to whom the information relates. (2) Subject to subsection (3), the Commission shall issue the directions that are necessary to ensure, to the extent reasonably possible that, third parties whose matters are before the Commission are notified of hearings or investigations. (3) The Commission may dispense with the notification to third parties where the Commission considers it necessary.

Section 34Verify source

§ 35Affirmation of decisionProvision

If the head of a public institution does not decide on an internal review request within 15 days, the original decision is treated as affirmed.

Section 35—Affirmation of decision Where the head of the public institution fails to give a decision on a request for internal review within fifteen days, the head of that public institution is deemed to have affirmed the original decision of the information officer.

Section 35Verify source

§ 36Application to High Court for judicial reviewProvision

An applicant refused access to information by a public institution may apply to the High Court for judicial review.

Section 36—Application to High Court for judicial review (1) Where an applicant is refused access to information by a public institution (a) because the disclosure will be (i) prejudicial to the security of the State, or (ii) injurious to the public interest, or 21 (b) for any other reason, the applicant may apply to the High Court for a judicial review of the decision. (2) The application for judicial review shall be lodged within twenty-one days after refusal of the application.

Section 36Verify source

§ 37Powers of the High CourtProvision

The High Court may take several steps in a judicial review, including requiring documents, inspecting premises, and summoning people, but it must keep proceedings in camera and not disclose exempt information to other parties.

Section 37—Powers of the High Court (1) In addition to its powers under the Constitution, the High Court may, in respect of an application for judicial review under section 36, (a) require the relevant information under the control of the public institution to be produced before it for examination and scrutiny, (b) enter and inspect premises occupied by the public institution concerned in the judicial review, (c) require to see original documents, and (d) summon and examine on oath a person who the High Court considers may have information relevant to the judicial review (2) The proceedings of the High Court shall be held in camera and the High Court may prohibit the publication of information relating to the proceedings. (3) The High Court shall not, in the course of a review, disclose to a party other than the representative of the public institution and the Attorney-General, information which is exempt from disclosure under, this Act.

Section 37Verify source

§ 38Ruling of the High CourtProvision

The High Court may make an appropriate order after hearing the application and presentations, and if it orders access to information it must specify the period for giving that access.

Section 38—Ruling of the High Court (1) The High Court may, after hearing the application and presentations made before it, make an appropriate order. (2) Where the High Court orders that the applicant be given access to information, the High Court shall specify the period within which the access shall be given.

Section 38Verify source

§ 39Appearance before the Commission Establishment of the Right to Information CommissionProvision

Certain parties may be represented by a lawyer or call an expert witness.

Section 39—Appearance before the Commission A person who applies for access to information, the public institution concerned and a person affected by any proceedings under this Act whether before a Minister or a Court, may (a) be represented by a lawyer; or (b) call an expert witness. Establishment of the Right to Information Commission

Section 39Verify source

§ 40Establishment of the CommissionProvision

The Commission is established as a body corporate and may acquire, hold, and dispose of property and enter into contracts for its functions.

Section 40—Establishment of the Commission (1) There is established by this Act a body corporate to be known as the Right to Information Commission. (2) For the performance of its functions, the Commission may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other related transaction. 22 (3) Where there is hindrance to the acquisition of immovable property, the property may be acquired for the Commission under the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Commission.

Section 40Verify source

§ 41Object of the CommissionProvision

The Commission’s object is to promote, monitor, protect, and enforce the right to information.

Section 41—Object of the Commission The object of the Commission is to (a) promote, (b) monitor, (c) protect, and (d) enforce the right to information that is granted to a person under paragraph (f) of clause (1) of article 21 of the Constitution and the provisions of this Act.

Section 41Verify source

§ 42Independence of the CommissionProvision

The Commission must act independently, must not be directed or controlled by any person or authority when performing its functions, and must submit its budget through the Minister responsible for Finance to Parliament for approval every year.

Section 42—Independence of the Commission (1) Subject to the Constitution, the Commission shall be independent in the performance of the functions of the Commission. (2) The Commission shall not be subject to the direction or control of any person or authority in the performance of the functions of the Commission. (3) The Commission shall through the Minister responsible for Finance, submit the budget of the Commission to Parliament for approval annually.

Section 42Verify source

§ 43Powers of the CommissionOffence

The Commission may set procedures and exercise powers for handling complaints, investigations, access-to-information matters, directions, notices, and representation.

Section 43—Powers of the Commission (1) The Commission may determine the nature, process and undertakings necessary for the effective performance of its functions 'under this Act. (2) The Commission shall have the power to (a) resolve complaints through negotiation, conciliation, mediation or arbitration; (b) determine the need for the nature and form of investigation required for the determination of a matter before the Commission; (c) make any determination as the Commission considers just and equitable including issuing recommendations or penalties in matters before the Commission; (d) dismiss an application for access to information if it considers the application to be frivolous or vexatious; (e) dismiss a complaint relating to an application for access to information by an applicant where the applicant has failed to comply with a provision of this Act; (f) require the production of information to which access has been refused on the basis of an exemption for the purpose of deciding whether it is an information exempt from disclosure; (g) limit access to information by parties in terms of this Act; (h) determine and issue general directions for the hearing of a matter including notice to parties; (i) issue specific directions where sensitive matters relating to the State are concerned; 23 (j) issue specific directions in matters concerning confidential information, minors, or circumstances which the Commission considers appropriate for that action; (k) decide on relating to the need for and the form of, issuing and serving of notices and communications; (l) decide on issues of representation where necessary; and (m) consider the needs of persons who wish to make protected disclosures, minors and vulnerable groups.

Section 43Verify source

§ 44Functions of the CommissionProvision

Section 44—Functions of the Commission To achieve its object, the Commission shall (a) issue written orders requesting for the production of information; (b) examine, reproduce, take extracts from or hold information for unlimited periods, including information found in any premises entered pursuant to an inspection conducted by the Commission in the performance of the monitoring function of the Commission; (e) take appropriate action that is necessary to enable the Commission resolve a complaint before it; (d) conduct matters with as little technicality or formality and as expeditiously as possible; (e) hold hearings in public unless it is considered inappropriate to do so; (f) publish its findings, recommendations, orders, decisions and directives quarterly; and (g) undertake any other action that the Commission considers necessary for the effective performance of its functions.

Section 44Verify source

§ 45Promotion of right to informationInterpretation

The Commission must promote access to information awareness, educate the public, support public institutions, and publish its annual report.

Section 45—Promotion of right to information (1) The Commission shall (a) promote and sustain awareness within the country, and (b) in collaboration with other State institutions educate the public on the right to information. (2) In promoting awareness of the right to information, the Commission shall (a) assess all implementation plans required to be submitted by public institutions to the Commission to ensure public institutions have clear obligations and processes which support awareness raising and education interventions at community level including disadvantaged groups; (b) consult and collaborate with civil society organisations and interest groups; (c) provide recommendations and guidelines to a public institution for internal training of personnel, and provide training on request; (d) monitor internal training of staff within public institutions and issue notices for mandatory training where necessary; (e) assist an applicant and public institution on matters of interpretation of the Act; 24 (f) develop the material that it considers necessary to advance promotion of access to information; and (g) make public and widely disseminate its annual report.

Section 45Verify source

§ 46Research and law reformProvision

The Commission may carry out, or arrange for, research it thinks is necessary or appropriate, and it must report related research and reform work in its annual report to Parliament.

Section 46—Research and law reform (1) The Commission may conduct or cause to be conducted any research it considers necessary or appropriate for the attainment of the objects of this Act. (2) The Commission shall in its annual report to Parliament include a report covering reports of recommendations for any reseach [sic] and reform undertaken by the Commission.

Section 46Verify source

§ 47Monitoring powers of the CommissionOffence

Public institutions and relevant private bodies must provide required reports to the Commission, and the Commission has monitoring and enforcement powers.

Section 47—Monitoring powers of the Commission (1) A public institution or a relevant private body shall provide the reports that are required under this Act to the Commission. (2) The Commission shall (a) monitor compliance by a public institution or a relevant private body with this Act; (b) give reasonable notice to a public institution or a relevant private body before taking an action under subsection (4); (c) issue directives to a public institution or a relevant private body; (d) monitor implementation of its directives; and (e) following public consultation, develop and publicise guidelines which detail the reporting requirements that apply to a public institution or a relevant private body. (3) The reporting requirements referred to in paragraph (e) of subsection (2) include the manner, means and time frames that apply to a public institution or a relevant private body. (4) The Commission may, in the performance of its monitoring function, (a) conduct an inspection; (b) undertake an investigation that the Commission considers appropriate in furtherance of the inspection; (c) engage a public institution or a relevant private body; (d) request a public institution or a relevant private body to provide to the Commission information to facilitate and enhance its monitoring activities; (e) issue an order compelling the provision of further information; and (f) access any information to undertake the monitoring. (5) Where a public institution or a relevant private body fails to comply with the notice issued by the Commission in paragraph (b) of subsection (2), the Commission may impose an administrative penalty that the Commission considers necessary.

Section 47Verify source

§ 48Governing body of the Commission 3Provision

This section sets out the Commission’s Board, how its members are appointed, and what the Board and its members must do.

Section 48—Governing body of the Commission 25 (1) The governing body of the Commission is a Board consisting of (a) a chairperson; (b) one deputy chairperson; (c) four other persons, two of whom are women; and (d) the Executive Secretary. (2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (3) The President shall, in appointing a member of the Board, have regard to the expertise of the person. (4) The Board shall ensure the proper and effective performance of the functions of the Commission. (5) The members of the Board shall take and subscribe to the Official Oath and Oath of Secrecy specified in the Schedule.

Section 48Verify source

§ 49Tenure of office of members of the Board of the CommissionOffence

Board members serve for five years, may be reappointed once for another term, may resign by written notice to the President, and the President may end an appointment only in specified cases.

Section 49—Tenure of office of members of the Board of the Commission (1) A member of the Board shall hold office for five years and is eligible for re-appointment for another term only. (2) A member of the Board may, at any time, by notice in writing to the President resign from office. (3) The Commission shall notify the President of vacancies which' occur in the membership of the Board within two months of the occurrence of the vacancy. (4) The President may, by a letter addressed to a member of the Board, terminate the appointment of that member where that member (a) is mentally or physically incapable of performing the functions and duties of the office; (b) is declared insolvent; (c) has engaged in gross misconduct or has been involved in actions that bring the Commission into disrepute; (d) is convicted of a serious offence; or (e) is grossly incompetent. (5) The President shall not terminate the appointment of a member of the Board unless the President has caused to be investigated an allegation made against that member and the allegation has been proven.

Section 49Verify source

§ 50Meetings of the BoardProvision

The Board must meet at least every three months, and the chairperson must call an extraordinary meeting when at least five members request one in writing.

Section 50—Meetings of the Board (1) The Board shall meet at least once every three months for the despatch of business at the time and in the places determined by the chairperson. 26 (2) The chairperson shall at the request in writing of not less than five members of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is five members. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, the deputy chairperson shall preside and in the absence of the deputy chairperson, a member of the Board elected by the members present from among their number shall preside.

Section 50Verify source

§ 51Disclosure of interestProvision

A Board member with an interest in a matter must disclose the interest and must not take part in the Board’s deliberations on that matter.

Section 51—Disclosure of interest. (1) A member of the Board who has an interest in a matter for consideration shall (a) disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) not participate in the deliberations of the Board in respect of the matter. (2) A member ceases to be a member of the Board, if that member has an interest in a matter before the Board and fails to (a) disclose that interest; or (b) recuse that member's self from the deliberations on the matter.

Section 51Verify source

§ 52Establishment of committeesProvision

The Board may establish committees and assign them functions. Committees may be made up of Board members, non-members, or both, and a committee may be chaired by a Board member.

Section 52—Establishment of committees (1) The Board may, establish committees consisting of members of the Board or non-members or both to perform a function of the Board. (2) A committee may be chaired by a member of the Board. (3) The Board may assign to a committee a function determined by the Board but a committee composed of non-members is advisory only. (4) Section 51 applies to members of the committee.

Section 52Verify source

§ 53AllowancesProvision

Board members and committee members are entitled to allowances, but only if the Minister approves them in consultation with the Minister responsible for Finance.

Section 53—Allowances Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.

Section 53Verify source

§ 54Limitation on outside work Administrative and Financial ProvisionsProvision

A Board member must not, while in office, hold any office of profit or take part in partisan political activity.

Section 54—Limitation on outside work A member of the Board shall not, while in office, occupy any office of profit or engage in any partisan political activity. Administrative and Financial Provisions

Section 54Verify source

§ 55Appointment of Executive SecretaryProvision

The Commission must have an Executive Secretary, who is appointed by the President under article 195 of the Constitution.

Section 55—Appointment of Executive Secretary (1) The Commission shall have an Executive Secretary. (2) The President shall, in accordance with article 195 of the Constitution appoint the Executive Secretary for the Commission. 27 (3) The Executive Secretary shall hold office on the terms and conditions specified in the letter of appointment.

Section 55Verify source

§ 56Functions of the Executive SecretaryProvision

The Executive Secretary runs the Commission’s day-to-day administration, answers to the Board, may do any other function the Board assigns, and may delegate functions to an officer of the Commission but remains ultimately responsible.

Section 56—Functions of the Executive Secretary (1) The Executive Secretary (a) is responsible for the day to day administration of the Commission and is answerable to the Board in the performance of the functions under the Act; and (b) shall perform any other function determined by the Board. (2) The Executive Secretary may delegate a function to an officer of the Commission but shall not be relieved of the ultimate responsibility for the performance of the delegated function.

Section 56Verify source

§ 57Appointment of other staffProvision

The President may appoint officers and other employees needed for the Commission’s effective implementation, in line with article 195 of the Constitution.

Section 57—Appointment of other staff The President may, in accordance with article 195 of the Constitution, appoint officers and other employees that are necessary for the effective implementation of the functions of the Commission.

Section 57Verify source

§ 58Secretary to the BoardProvision

The President must appoint a Secretary to the Board, and the Secretary must carry out functions directed by the Executive Secretary or the Board.

Section 58—Secretary to the Board (1) The President shall, in accordance with article 195 of the Constitution, appoint a Secretary to the Board. (2) The Secretary shall perform the functions directed by the Executive Secretary or the Board. (3) The Secretary is, in the performance of functions, answerable to the Executive Secretary and the Board.

Section 58Verify source

§ 59Engagement of expertProvision

The Commission may engage an expert to help it exercise powers, duties, or functions under the Act.

Section 59—Engagement of expert The Commission may engage the services of an expert for the purpose of exercising a power, duty or function under this Act.

Section 59Verify source

§ 60Funds of the CommissionOffence

The Commission’s funds consist of Parliament-approved moneys, administrative penalties it imposes, and donations, gifts, and grants.

Section 60—Funds of the Commission The funds of the Commission include (a) moneys approved by Parliament; (b) administrative penalties imposed by the Commission; and (c) donations, gifts and grants.

Section 60Verify source

§ 61Bank accountProvision

Commission money must be paid into a bank account opened for that purpose, and the account opening needs approval from the Controller and Accountant-General.

Section 61—Bank account The moneys for the Commission shall be paid into a bank account opened for that purpose with the approval of the Controller and Accountant-General.

Section 61Verify source

§ 62Expenses of the CommissionProvision

The Commission’s expenses must be paid from money provided for the Commission under section 60.

Section 62—Expenses of the Commission The expenses of the Commission shall be paid from moneys provided for the Commission under section 60.

Section 62Verify source

§ 63Accounts and auditProvision

The Commission must keep its accounts records in the form approved by the Auditor-General, submit its accounts for audit within six months after the financial year ends, and the Auditor-General must audit them and send the audit report to the Commission and the Board.

Section 63—Accounts and audit 28 (1) The Commission shall keep the books, records, returns and other documents relating to the accounts of the Commission in the form approved by the Auditor-General. (2) The Commission shall submit the accounts of the Commission to the Auditor-General for audit within six months after the end of the financial year. (3) The Auditor-General shall, not later than six months, after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Commission and the Board. (4) The financial year of the Commission shall be the same as the financial year of the Government.

Section 63Verify source

§ 64Annual report and other reports Application for Review by the CommissionProvision

The Commission must send an annual report to the Minister within 30 days after receiving the audit report, and the Minister must then send it to Parliament within one month.

Section 64—Annual report and other reports (1) The Commission shall within thirty days after the receipt of the audit report submit to the Minister an annual report covering the activities and the operations of the Commission for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report, submit the annual report to Parliament with a statement that the Minister considers necessary. (4) The Commission shall also submit to the Minister any other report which the Minister may require in writing. Application for Review by the Commission

Section 64Verify source

§ 65Application for reviewProvision

A dissatisfied person may ask the Commission to review a decision, orally or in writing.

Section 65—Application for review (1) A person who is dissatisfied with a decision of a public institution or a relevant private body, may apply to the Commission for a review of the decision. (2) An application to the Commission may be made orally or in writing. (3) Where an application is made orally, the Commission, shall reduce the oral application into writing and provide a copy of the written record to the applicant. (4) Where the applicant is illiterate and the application has been reduced into writing, the information officer at the commission shall (a) clearly and correctly read and explain the request to the understanding of the applicant in accordance with the Illiterates' Protection Act, 1912 (Cap 262); (b) cause a witness to endorse on the face of the request that "the request was read to the applicant in the language the applicant understands and the applicant appeared to have understood the content of the request" and (c) ask the applicant to make a thumbprint or mark on the request.

Section 65Verify source

§ 66Exhaustion of internal review procedureProvision

Before seeking review, the applicant must first exhaust internal review rights, and must exhaust Commission review rights before going to the High Court.

Section 66—Exhaustion of internal review procedure Subject to subsections (1) and (2) of section 65, an application to 29 (a) the Commission for a review of the decision of a public institution shall only be made to the Commission after the applicant has exhausted all rights of internal review offered by the public institution or relevant private body, or (b) the High Court for a review of the decision of a public institution shall only be made after the applicant has exhausted all rights of review by the Commission.

Section 66Verify source

§ 67Direct accessProvision

Section 67 lets certain people go directly to the Commission without using internal review first.

Section 67—Direct access (1) Despite section 66, a person may make an application to the Commission without exhausting the internal review procedure under this Act where (a) the information requested is the personal information of the applicant and the initial request to a public institution or a relevant private body has been refused; (b) the information requested was previously in the public domain; (c) the head of the public institution or the relevant private body is the information officer of that institution or body; or (d) the request for information is time bound. (2) An applicant who requests access to information which is reasonably believed to be necessary to safeguard the life or liberty of a person may apply directly to the Commission for a review of the decision if that person (a) is refused access to the information; or (b) receives no notice of the decision of the public institution or the relevant private body within forty-eight hours of the request. (3) Where the Commission receives an application under subsection (2), the Commission may on an assessment of the facts (a) determine the matter summarily; or (b) remit the application to the information officer to undertake further investigation before making a determination. (4) A staff member or a public institution or a relevant private body, who wishes to report a wrongdoing under this Act, may contact the Commission without exhausting any applicable internal procedures.

Section 67Verify source

§ 68Right to make representationsProvision

The Commission must give people concerned a reasonable chance to make representations, generally keep hearings open to the public, and may take several procedural steps in matters before it.

Section 68—Right to make representations (1) In a matter before the Commission, reasonable opportunity shall be given to (a) the applicant; (b) the head of the public institution or relevant private body concerned; and (c) a third party, if the information requested contains third party information and the third party can be reasonably located. 30 (2) The Commission shall uphold the right of the public to be present during a hearing except when, in the view of the Commission, the circumstances dictate that the hearing should be held in camera. (3) With respect to any matter before it, the Commission may (a) summon witnesses, heads of organs of State, or any person where necessary; (b) allow an interested party on application to join proceedings; (c) provide assistance to an applicant where appropriate; (d) allow a relevant person to participate in hearings through any medium that person chooses; or (e) administer oath and receive any evidence that it considers necessary under oath or on affidavit. (4) The Commission shall have the power, rights and privileges of the High Court or a Justice of the High Court at a trial for (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; (b) compelling the production of documents; and (c) issuing a commission or request to examine witnesses abroad.

Section 68Verify source

§ 69Notices and communicationsAmendment

The Commission must notify relevant parties of specified findings, applications, hearing decisions, and court referrals, but may withhold notification or amend findings where notice would cause prejudice in the listed situations.

Section 69—Notices and communications (1) The Commission shall serve notice on all relevant parties of (a) its findings on (i) an investigation, or (ii) monitoring, (b) its summary findings, (c) an application, (d) a decision on a hearing, or (e) a referral to an appropriate Court, including a right of appeal. (2) Where in the view of the Commission, service of the notice of the finding will cause prejudice as a result of the sensitive nature of the exempt information, the Commission shall amend the finding in the appropriate manner. (3) The Commission may decide to dispense with notification where giving notice may (a) prejudice the conduct of an investigation of a breach or possible breach of the law; (b) prejudice the enforcement or administration of the law; (c) endanger the life or physical safety of a person; 31 (d) cause substantial prejudice to the commercial interests of a private individual or a private business; or (e) impair relations between Ghana and other States.

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§ 70Duty to assist Commission Orders, Decisions and Directives of the CommissionProvision

A public institution, a relevant private body, or an interested party must assist the Commission during an application or investigation.

Section 70—Duty to assist Commission A public institution, a relevant private body or an interested party shall assist the Commission in the course of an application or investigation. Orders, Decisions and Directives of the Commission

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§ 71Orders, decisions and directives General and Miscellaneous ProvisionsOffence

The Commission must issue binding orders or recommendations on matters before it and provide written reasons free of charge to the parties.

Section 71—Orders, decisions and directives (1) The Commission shall issue binding orders or make recommendations on a matter before the Commission. (2) A decision of the Commission may include (a) an affirmation of the decision of the information holder; (b) a variation of the type of access originally granted or requested; (c) setting aside the decision of the public institution or relevant private body; (d) making a ruling; (e) requiring the public institution or relevant private body to take the steps that are necessary to ensure that the public institution or relevant private body has complied with the obligations under this Act; (f) imposition of an administrative penalty against the public institution or relevant private body where the public institution or relevant private body fails to comply with an obligation under this Act; (g) mandating negotiation, conciliation and arbitration for the purpose of the resolution of a complaint; or (h) any other summary order it considers just and equitable. (3) The Commission shall (a) produce a statement of facts, findings and reasoning for decisions on matters before it, and (b) make a copy of the statement, findings and reasoning available to parties to the matter free of charge. (4) The Commission may issue directives that the Commission considers necessary for the enforcement of its decisions. General and Miscellaneous Provisions

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§ 72Burden of proofProvision

Public institutions or relevant private bodies generally bear the burden of proof when refusing access to information; in some cases, the applicant bears that burden instead.

Section 72—Burden of proof (1) Subject to subsection (3), the public institution or relevant private body shall bear the burden of proof. 32 (2) Where the public institution or relevant private body refuses to grant access to information, that public institution or relevant private body shall be required to prove that (a) the information requested is exempt from disclosure under this Act; and (b) more harm would be caused by the release of the information to the applicant over and above the public interest in the release of the information. (3) The applicant bears the burden of proof where (a) a request to a relevant private body is refused on the basis that the information requested does not assist in the exercise or protection of a right; or (b) the applicant asserts that (i) the reproduction fee is not payable on the basis that the information requested is in the public interest; or (ii) the applicant is indigent.

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§ 73Information officersProvision

An information officer of a public institution, or a person designated as an information officer, must carry out the functions assigned to an information officer under the Act.

Section 73—Information officers For the purposes of this Act, an information officer of a public institution or an officer designated as an information officer shall perform the functions assigned to an information officer under this Act.

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§ 74Immunities 4Provision

An information officer is protected from liability for actions or omissions taken in the course of duty when providing information under the Act.

Section 74—Immunities (1) An information officer is not liable to any action, claim, suit or demand whether criminal or civil for an omission or action taken by that information officer who, in the course of duty provides information to an applicant or in compliance with the provisions of this Act. (2) The giving of information under this Act or the making of a decision to give information does not constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the information by the person to whom information is given.

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§ 75Fees and charges of public institutionProvision

Applicants for information must pay the Parliament-approved fee or charge, but several categories are exempt and some extra costs may be charged.

Section 75—Fees and charges of public institution (1) An applicant seeking access to information under this Act shall pay the fee or charge approved by Parliament in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2009 (Act 793). (2) Despite subsection (1), a fee or charge shall not be payable for (a) the reproduction of personal information of the applicant; (b) the reproduction of personal information of a person on whose behalf an application is made; (c) the reproduction of information which is in the public interest; (d) information that should have been provided within the stipulated time under this Act; (e) information to an applicant who is indigent; 33 (f) information to a person with disability; (g) time spent by an information officer or information reviewing officer in reviewing the information requested; (h) time spent by an information officer or information reviewing officer in examining whether the information requested is exempt information; or (i) preparing the information for which access is to be provided. (3) Where a request is made for information to be provided in a language other than the language in which the information is held, the information officer may request the applicant to pay the reasonable costs for translating the information into the language requested by the applicant. (4) Where a request is made for a written transcript of the information held by a public institution, the information officer may request the applicant to pay the reasonable cost of the transcription. (5) Where a request is made for information to be provided in a medium or format in which the information is held, the information officer may request the applicant to pay the reasonable cost of media conversion of reformatting.

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§ 76Retention of chargesProvision

A public institution may retain charges received under the Act, but must use them only for expenses related to its functions and pay them into an approved bank account.

Section 76—Retention of charges (1) Subject to the Constitution, a public institution is authorised to retain charges received by that public institution under this Act. (2) The charges retained by the public institution under subsection (1), shall (a) only be used to defray expenses incurred by the public institution in the performance of functions under this Act; and (b) be paid into a bank account opened for the purpose with the approval of the Controller and Accountant-General.

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§ 77Annual reports by public institutionsProvision

Public institutions must file an annual written report to the Commission within 60 days after 31 December each year, and the Minister must lay an annual report before Parliament by 30 June each year.

Section 77—Annual reports by public institutions (1) A public institution shall, within sixty days after the 31st of December each year, submit a written report on the activities of the public institution under this Act during the preceding year to the Commission. (2) The report shall include (a) the number of applications for information during the reporting period; (b) the number of applications approved and the number rejected together with the reasons for the rejection; (c) the number of reviews requested, the number granted and the number dismissed together with reasons; and (d) the number of applications to the Court for judicial review and the results of the reviews, if any. 34 (3) The Minister may in writing request for any other information which the Minister considers necessary for the purposes of submitting a comprehensive report to Parliament. (4) The Minister shall by the 30th of June each year, lay before Parliament, an annual report on the activities of public institutions and the Commission in respect of the preceding year based on the annual reports of the public institutions.

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§ 78Limitation of period for information exempt from disclosureProvision

Exempt information becomes disclosable after 30 years, and the custodian public institution must give access unless disclosure would create specified safety or security risks.

Section 78—Limitation of period for information exempt from disclosure (1) Information classified as exempt information under sections 5 to 16 ceases to be exempt information on the expiry of thirty years calculated from the end of the calendar year in which the information came into existence. (2) On the expiry of the period specified in subsection (1), a person may seek access to the information .and the public institution which has custody of the information shall give access in accordance with the procedure established under this Act, except that where disclosure of the information will endanger the life or physical safety of an individual, public safety, national security, national economic interest and international relations with any other country the information shall not be disclosed.

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§ 79Information held by the national archives, museums and librariesProvision

The Act does not apply to information held by the national archives, libraries, or museums if the public can access it.

Section 79—Information held by the national archives, museums and libraries This Act does not apply to information held by the national archives, libraries and museums to which the public have access.

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§ 80Application of Act to existing and future informationCommencement

This Act applies to information created before or after the Act starts.

Section 80—Application of Act to existing and future information This Act applies to information which came into existence before, or comes into existence after, the commencement of this Act.

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§ 81Offence of disclosure of exempt informationOffence

A person must not wilfully disclose information that is exempt from disclosure under the Act.

Section 81—Offence of disclosure of exempt information A person who wilfully discloses information which is exempt from disclosure under this Act commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than six months and not more than three years or to both.

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§ 82Other offencesOffence

This section makes certain conduct an offence, including misusing access to records or information and falsifying or destroying documents, and sets penalties for conviction.

Section 82—Other offences (1) A failure or neglect by an information officer or other public officer to perform a function authorised by this Act where the occasion arises to perform that function constitutes a gross misconduct. (2) A person who (a) seeks or gains access to the personal record of another person under false pretences, (b) wilfully makes a false statement (i) to mislead any other person in order to gain access, or (ii) to gain access to information, or (c) with intent to deny right to information, 35 (i) destroys, damages, alters or conceals a document, or (ii) makes a false entry in a document, commits an offence and is liable on summary conviction to a fine of not less than two hundred and fifty penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than one year and not more than three years or to both the fine and the term of imprisonment.

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§ 83RegulationsProvision

The Minister may make regulations, after consulting the Board, to require records to be kept in good and accessible condition and to extend the Act to the private sector.

Section 83—Regulations (1) The Minister may, in consultation with the Board, by legislative instrument, make Regulations (a) making it obligatory for public institutions and private organisations to maintain their records in good and accessible condition in order to facilitate access to information; (b) for further procedures for access to information under this Act; and (c) to provide for matters that are necessary to give full effect to this Act. (2) The Minister may, in consultation with the Board, by legislative instrument, extend the application of this Act to the private sector. (3) The legislative instrument made under subsection (1) shall specify (a) the provision of the Act which shall apply to the private sector; (b) the type of information to which access should be given; and (c) the exemptions which shall apply to the private sector as they apply in the public sector.

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§ 84InterpretationInterpretation

This section defines key terms used in the Act, including access, information, public institution, Commission, and right to information.

Section 84—Interpretation In this Act, unless the context otherwise requires, "access" means right to information; "access to information" means the right to obtain information from a public institution; "Attorney-General" means the Attorney-General appointed under article 88 of the Constitution; "Commission" means the Right to Information Commission established under section 40 of this Act; "contact details" means the information by which an applicant and an information officer may be contacted for the purposes of obtaining or providing access to information under this Act; "contractor" means a person who has agreed to provide goods or services to another person under a set of agreed terms with that other person; "Court" means a court of competent jurisdiction; "designated officer" means an officer so designated for the purposes of this Act; "exempt information" means information which falls within any of the exemptions specified in sections 5 to 16; 36 "function" includes powers and duties; "Government" means any authority by which the executive authority of the Republic of Ghana is duly exercised; "information" includes recorded matter or material, (a) regardless of form or medium, (b) in the possession or under the control or custody of a public institution, and (c) whether or not it was created or made by a public institution and, in the case of a private body, relates to the performance of a public function; "information officer" includes the information officer of the public institution or the officer designated as an information officer to whom an application is made;' "international organisation" includes an organisation of States or Government of States or an organ of that organisation; "Minister" means the Minister responsible for Information; "public institution" includes a private institution or a private organisation that receives public resources or provides a , public function; "relevant private body" means a private body that the Minister may by legislative instrument add to the list of private bodies performing a public function; "right to information" means the right assigned to access information; "State secret" includes information considered confidential by the Government which if disclosed would be prejudicial to the security of the State or injurious to the public interest; and "trade secret" means a secret formula or technique, process, programme, device or product known and used to the advantage of only one manufacturer and the disclosure of which would cause significant economic loss to the owner or manufacturer.

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§ 85Application to and modification of existing enactmentsProvision

If an older enactment requires disclosure of information, that disclosure is subject to this Act.

Section 85—Application to and modification of existing enactments Where an enactment in existence immediately before the coming into force of this Act, provides for the disclosure of information by a person or an authority, the disclosure of the information is subject to this Act.

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§ 86Section 86Commencement

This section says the Act starts at the beginning of the next financial year and gives standard oath wording for office holders, including a secrecy promise.

Section 86—Commencement This Act shall come into force at the commencement of the next financial year. SCHEDULE 37 PART A OFFICIAL OATH ((Section 48(5)) I,..................................................................................................do (in the name of the Almighty God (swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana in the office of.........................................................and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana as by law established (So help me God). OATH OF SECRECY PART B ((Section 48(5)) I.................................................................................. holding the office of .............................................................do (in the name of the Almighty God swear / solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by law. (So help me God). (To be sworn before the President or such other person as the President may designate). Date of Gazette Notification: 24th May, 2019

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Legislative relationships

4 referenced instruments

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4 instruments

Act to existing and future information This Act
Section 80
Commission (1) There is established by this Act
Section 40
Commission and is answerable to the Board in the performance of the functions under the Act
Section 56
Constitution and the provisions of this Act
Section 41

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