The Access to Information Act, no. 10 of 2021

6. Duties to create, keep, organi 7 Proactive disciosure ual reports and publication of information

8. Submission implementation plans, ann manual 9, Designation of information Officer Officers

40. Designation of Deputy Information

41. Right of access 42. Request for access 43, Duty to assist requester

44. Response to requests

15. Extension

46. Transfer of request

17. Deemed refusal 18. Deferral of access be found or does nat exist

49. Information that cannot

20. Form of access

21. Language of access 92, Fees PART Ili - EXEMPTION 23. Refusal of a third party 4 third party

24. Personal information ti al In fo rm at io n of an information holder or co nf id en

25. Commercial and fety or privacy of an ind ividual lth, sa

26. Protection of life, hea ence 97 National security and def 98. international relations the State 29 Economic interest of 40 Law enforcement and documents 31 Privileged communications 1

32. Academic or examination professional or recruitment 33. Cabinet proceedings 34 Severance

35. Public interest overrides 36 Burden of proof 37 Notice to third parties 38. Extent of the exemptions PART IV - REVIEW OF DECISIONS

39. Rights of review 40. Decision on review PART V — THE INFORMATION COMMISSION 41. Establishment of the Information Commission

42. Composition of the Commission 43 Criteria for appointment of Commissioners 44 Vacation of office

45. Inquiry before termination of appointment

46. Limitation outside work 47 Remuneration

48. Independence of the Commission 49 Staff of the Commission 50 Duties of the Executive Secretary 51 Power of the Executive Secretary 52 Engagement of Experts §3. Immunity of the Commission and staff PART Vi - POWERS AND DUTIES OF THE INFORMATION COMMISSION 54. Powers and duties 55. Referral powers 56. General duties of the Commission

57. Annual report to the National Assembly

58. Promotion 59 Research and law reform 60 Monitoring 61 Implementation pian 62. Publication of information manual

63. Annual reports to the Commission 64, Proactive disclosure reports to the Commission

65. Inspecting powers of the Commission 66 Effect of non-compliance Access to Information Act, 2021 PART Vill - APPEAL TO INFORMATION COMMISSION 67 Appeal to the Commission 68 Direct appeal 69 Notice of intention to investigate or hear a matter 70 Notice to third parties 71 Right to make representation 72 Notices and communication. 73. Orders, decisions and directives 74, Contentof recommendations, findings, orders, directions and directives

75. Third-party information released in public domain 76. Offences PART Vill- FINANCIAL PROVISIONS 77 Funds of the Commission 78. Estimates, accounts and audit 792 Annual report to the Minister

80. Regulations ISSN 0796 - 0298 Supplement “C* to The Gambia Gazette Noo of August, 2021 Access to Information Act, 2021 THE GAMBIA Assented to by The President, this * day of Aug 2021. AN ACT to provide for the right to access public records and information held by public authorities or by persons providing services for them, to provide for the procedure to obtain access to that information, and for connected purposes, [ ] ENACTED by the President and the National Assembly Access to Information Act, 2021 ——— PART | - PRELIMINARY

1. Short title This Act may be cited as the Access to Information Act, 2021

2. Interpretation In this Act, unless the contest otherwise requires- “Commission” means the Information Commission established under section 41 of this Act; “Commissioner” means an Information Commissioner; “head of a public body” means the administrative head of that body; “information” includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondences, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in yenich it ss held, in the possession or under the control of the information holder to whom a request has been made under this Act; “information holder” means a public body, “information Officer” means a person designated as the information Officer of a public body in accordance with Section 9 (1) of the Act; to view, means to view, manually take notes or listen to an audio recording of any information, si “international organisation " means an international organisation of ute or established by the govermments of sta “Minister” means the Minister responsible for information; E ion” means informati:on or an opininion {includin g eke atcha part of a database), whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion, “person with disability” includes a person who has physical mental, intellectual, or sensory impairments; “prescribed” means prescribed by the Minister by regulations made under this Act; “public body” means a body- (@) established by or under the Constitution, (b) established by statute, (¢) which forms part of any lavel or branch of government, (qd) alocal goverment authority, {@) established for a public purpose which is owned, controlled, or financed by the goverment: and (f) designated by the Minister by regulation made under this Act, to be a public body for the purpose of this Act. “request” means an application mad e under section 12 of the Act; “Requester” means a person who requests access to information under this Act or any person acti ng on behalf of the Person requ access, esting “third-party” means a person other than a@ public body requester: and or the “third-party information” commercial and confidential means Personal information information of a third part or y 2021 Act,on Inftpormati Access

3. Application This Act shall apply to all — (a) public bodies, (b) public authorities and non-state bodies which are owned of controlled by the government: (c) private organisations or privata persons who operate with substantial public funds or benefits {directly or indirectly from public funds} or who perform public functions and services using public funds.

4. Act to have overriding effect {i} The provisions of this Act shall have effect over anything inconsistent therewith contained in the Official Secrets Act, General a of the Government, requialions and bye-laws of any public yf (2) Nothing in this Act limits or otherwise restncts any other ita of a written law for a public body to disclose Informaton, (3) An information holder or information officer shail notbe liable for releasing informaton in good faith and in accordance with this Act.

5. Actto bind the State This Act shall bind ihe State, PART Il— ACCESS TO INFORMATION OF PUBLIC BODIES 6 Duty to create, keep, organize and maintain information (1) Every public body shall create, keep, organize and maintain its information in a manner which facilitates access to information, as provided in this Act. (2) For the purpose of sub-section (1), every public body shall — (a) produce information in respect of all its activities, including those expressly provided for under section 7 of this Act; (b) arrange all information in its possession wistem in @ manner that facilitates prompt angaticay €a , ise and access, anc Sy keep all information in its possessio n in good COnditj ©) ein a manner that preserves the safety ang Integr, of its contents,

7. Proactive disclosure 1) Every public body shall publish in such mariner as MAY be octet the following information as produ ced by OF IN Felation t. that body within thirty days of the information being generateg or received by that body — (a) manuals, policies, procedures of rules or Similar instruments which have been prepared for, or are used by officers of the body in discharging that body’s functions, exercising powers and handling complaints, making decisions or recommendati ons or Providing advice to persons outside the body with respect tp rights, privilege or benefits, or to obligati ons, penalties or other consequences, penalties consequences, to or for which pers or other ons may be entitled or liable, (b) the name designations and other Information Officer of the public bod particulars of the her contact y, including his or details and electronic addresses persons May submit requests where for Information: (¢) any prescribed forms, proced ure s, pro cesses and rules for engagement by members of the Public with the public body; (d) the particulars of any arr angement, statutory or otherwise, that exists for consultation with, or representation by, members of the pubile in relation to the formation or Implementati on of its policies, or Similar documents: ss information Actoce Act 2024 of the publ Board,to includinareg itsopen ic body, body - gail ee or simi lar ae Mecablncabadi gs pubic, the proce ess for direct or indirect t and where a m e is t n to notiopen g the punlie, ons rece ived the . the contents of subm issi proc decis fores sion maki ng and deci sion s reac hed. (f) sien information on the design and execution of any sad programmes implamented with public funds, non bi amounts allocated and expended, the beneficiaries, ng te anal! Se (g) all contracts, ' licences . permits, authorisations and public-private rine ships ‘ granted by the pariner (h) reports containing the results of surveys, studies sof tests, and oe ore or technical report nmental impact assessment reports, ared by the public body; and nee n (i) any other information as directed by the informatio Commission. in such manner as may (2) Every public body shall annually publish produced by or in relation to be prescribed, the following information that body- functions and duties; {a) the particulars of its organization, ations or particulars of (b) information containing interpret body; the Acts or policies administered by ng, and procedures for creati (c) details of its processes maintaining Information, keeping, organizing and or all the ca te go ri es of information held by it (d) a list of under its control; of its em pl oy ee s including thelr powers, e) a directory rmanent staff, the les, indicating the pe duties and tit * procedures and vacancies; (f) the salary band for each public employee and Office, including the system of compensation as proy i, its laws, and the procedures followed in its decision, making process, including channels of superyisioy, an accountability; q (g) detailed travel and hospitality expenses for 8ach emplo yee and officer, and gifts, hospltatity (h) @ description of the composition, functions appointment procedures of the Board, Coun ang Committee and other body consisting of two c} Persons, or more constituted for the purpose of advice to or managing the public body: (I) the detaited actual budget, revenue, indebtedness for the current financial expe nditure and year , Including all related estimates, plans, projections and reports including audit reports; , (j) the annual reports submitted to the Commissi on under section 54 of this Act: and (k) any other information as directed by the Commissi on

8. Submission of implementation plans, annu al reports and publication of information manuals (1) Every public body shall annually, within the time- frame stipulated by the Commission, submit to the Commission - (a) an information publication plan with respect to its proactive disclosure obligations in section 7 of this Act in accordance with section 63 (2) of this Act: and (b) annual reports on the implementation of this Act In accordance with section 64 of this Act. 2021 Act.on Inftoormati _Access (2) Every public body shall publispubli h in the manner as may be , the information manuals detalling the categories of information it proactively discloses in accordance with section 65. 9, Designation of information Officer (1) The head of every public bod y shail, in consultation jon withwi the peers responsible for that public body, designate 2 suitable officer of body as Information Officer for the purposes of this Act. (2) The design ation ofthetheG Inf ea Officer under sub-section (1) lished in shall be pub

10. Designation of Deputy Information Officers {1) To enable an information holder to comply with ire ments of this Act, head of the body may designate a stage deputy Information Officer rm has (2) A deputy InfoOfficer io atall powe' the n duties and functions of the Information Officer ociiiiiaas mation Officer of (3) Each person designated as a deputy Infor the Information an information holder is subject to the supervision of e of the powers, Officer of that information holder in the performanc duties and functions of that office under this Act.

411. Rights of access has @ right to access information Subject to this Act, every person from a public

42. Request for access to access Information under this Act may (1) Aperson who wishes Information Officer of the concer ned ues t in wri tin g to the make a req public body: n (1) shall be accompanied by such (2) A request under s ub-sectio reproduction cost as may be prescribed ll immediately of a re qu es t, the Information Officer sha ester receipt ed ge me nt of the request to the requ eide a wriitten 4ve no wi Oov pr (5) (b) and (c), 8 requester shay} ot be sub- Subjectto toprovi 4) e sections Da de @ justification or reason for requesting any information, — sub-section (1) shall (5) Arequest under such details conceming the inform de d as are reasonably necessary to enable yn (a) P rovieste u information Officerto identify the information, believes that the Information ls (b) if the requester of a persp necessary to safeguard the life or liberty include a statement to that effect, including the basis for that belief; (c) state the nature of the form in which the requester prefers access, and (d) if the request is made on behalf of another person, include an authorization from such person,

13. Duty to assist requesters (1) Where a person- (a) _ wishes to make a request to an information holder; or (b) has made a request to an information holder that does not comply with the requirement of this Act, the Information Officer shall take all necessary steps to assist the person, free of charge, to make the request in a manner that complies with this Act. (2) Where a person with a disability wishes to make @ request, the Information Officer shall take all necessary steps to assist the person to make the request in a manner that meets the needs of the person with disability which and which complies with the Act.

14. Response to requests (1) Subject to sub-section (2), the Information Officer to whom a request is made under section 11 shall, as soon as reasonably il Acces insfo to rmatio Act, n2021 possite, prnlitect- But in any event within twenty-one days after request Fis (a) determine whether to grant the request; (b) notify the requestor of the decision in writing; and {c) subject tO sub-section (7), if the request is granted, subject to the payment of any applicable reproduction fee or transcription fee. give the requester access to ihe information (2) aha a Sage eons to Information which reasonably appears necessary to safeguthe ard fife or libe of art perso yn, es ici ga Officer shall within forty-eight hours after the request (a) determine whether fo grant the raquest: (6) notify the requester of the decision in writing, and (c} if the request ls granted give the requester access to the information. (3) If the request is granted, the notice referred to in sub-sections (1) and {2) shail state- fa) the reproduction fee or transcription fee payable, if any; (6) the form in which access to the information will be given; and (c} that the requester may apply for a review of the reproduction or transcription fee payable or the form in which access has been granted in accordance with sectlon 39. (4) Subject to sub-sections (6) and (7), where a requester has been given notice that his or her request has been granted, that requester shall if (a) areproduction fee or transcription fea is payable, upon payment of that fee; ar (b} no reproduction fee or transcription fee is payable, access to the information. immediately be given rposes of this Act, any information (5) For the pu information holder is presumed to Provided bs requester by 29 id form and the requester may rol ne and te in conte ase that information on that basis.( o nformation Officer grants a request (6) ge on earl under Sub. shall be given access to the informatie aati irrespective of whether any reproduction transcription fee has been paid ere themayinformation requested contains third party informatj Lf Siiests not be given access to that information until scan time as any right of the third party to appeal the release information has expired Of the or any appeal lodged by the third Party has been finally determined. (8) If the request for information is refused, the notice referred to in sub-sections (1) and (2) shail- (a) State the reasons for the refusal, based contents and substance of the On th information considered request and the by the Information Officer: (b) contain a reference to Specific provis ions of this Act upon which the refusal is based: and (c) inform the requester that he or she may apply for q review of the decision in accord ance with section 39 (9) Where anInformation Officer considers that under sub-section (2) is not necessa ry a request made to safeguard the life or liberty of a person, he or she shall within fo rty-e ight hours after the request is made- (a) provide notice of the decisi on with rea sons thereof to the requester; (b) inform the requester that, subject to the requester’s right to apply for a review of the dec ision, make a decision regarding whether to grant access to the requ ested information within the time period spec ified in sub-section (1); and 13 _Access to information Act, 2021 (c) that he inform the reques teror she may appetoalthe Commission in respect of the decision in accordance with section67

15. Extension of time (1) tigi e sub-section (2), the Information Officer to whom a requ sm @ may extend the period to respond to a request in section 14(1) on a single occasion for a period of not more than fourteen days if- (a) the request is for a large amount of information or requires @ search through a large amount of an information and meeting the original time limit would unreasonably interfere with the activities of the information holder concemed,or (b) consultations are necessary to comply with the request hae cannot be reasonably completed within twenty-one ays. (2) if any part of the information requested can be considered by the Information Officer within the time period specified under section 14(1), it shall be reviewed and a response provided to the requester in accordance with that section. (3) if a period to respond to a request is extended In terms of sub- section (1), the Information Officer shall forthwith after the decision to extend has been taken by him or her but in any event within twenty- one days after the request is received, notify the requester in writing of that extension (4) The notice in terms of sub-saction (3) shall state - (a) the period of the extension, (b) adequate reasons for the extension, based on the provisions of this Act; and (c) that the requester may apply for a review of the decision in accordance with section 39.

16. Transfer of request (1) Where a request is made to a public body requesting information which the public body does not hold and - 4 nian which the public body knows or reasonably CONSitfor, ” that itis held by another public body; or subject matter of which is more close Y Connecin (6) re functions of another public bady, a io which such request iis made sha ll transfer ther BHUESt og, shores of itas may be appropriate, to that other public body, (2) A public body that transfers a request in accordance with s.,, section (1) shall- (a) make the transfer as soon as practicable byt jn any event within five days from the date of receipt of the request; and {b) immediately notify the requester of the transfer in writing. (3) A public body that receives a transferred request shail immediataty notify the requester of receipt of the request in wnting (4) Where @ request ts transferred to another public body jin accordance with sub-section (1), tha request ls deem ed to have been— (a) made to the public body to which it was transferred: and (b) received bythat public bady on the Gay the body to whieh it was originally made received jt, 17, Deemed refusal lfan Information Officer fails to give a decis ion on a request, within- (a) the time specified In section 141}; or (b) any extended period of time where that lime period has been extended in accordance with section 15, Me or she jis Geemed to have refused the request.

18. Deferral of access (1) An Information Officer who recelv es.a request for Information may 15 eee =>=-_"" on InftoormatiAct, Access 2021 information- defer the provision of access to the information if the ional (a) poorer prepar ed for presentation toted Natto the un has been presen maby Be: National ' n (b) psec @ report or part thereof that has beeial ae for the purpose of reporting to an offic boy or a person acting in ther capacity as an officer @ state, but only until the report has beenor son presented or made available to that body of perdate the of upon the expiration of thirty-five Gays from the request whichever Is earlier s to defer access to information (2) If an Information Officer decide l notify the shal under sub-section (1), the Information Officer requester in writing- le but not later than (a) of the decision as soon as possib request; twenty-one days after receiving the luding the provis ions (b) of the reason for the decision, inc of this Act relied on, access is to be deferred, (c) of o likely period for which an fourteen days of the requester may, within that (d) tten representations to theis receiving notice, make wri why the information arding information Officer reg presentation. required before guch ction tion in terms of sub-se eration of those cer, after due consid le but in any possib the re qu es t for access if there are days, gran t l suffer event within five for be li ev in g tha t the requester wil for the reasonable groun ds information 1s deferred e if access to the substantial prejudic in su b-section (2) (c). re fe rr ed to likely period ist ca nn ot be fo un d or does not ex that

49. Information n Officer has- (1) Ifthe informatio e information able steps to find th (a) taken all reason requested - 16 concluded that the Information - ™~ (b) i) is in the possession of the information @ cannot be found, or older but (ii) does not exist, he or she shail, as soon as possible but in any event within twent of the rece ipt of the requ est, notif y the requester |p wie k one days that the information cannot be found or does not exist. 9 (2) The notice referred to in sub-section (1) shall include an affidayit or affirmation, signed by the Information Officer stating the substantive details of all steps taken to find the information o, whether the information exists, including, but not limited to- (a) details of all locations for the information and person oy persons that conducted those searches; (b) details of any communications with any person that the Information Officer contacted in searching for the information or attempting establish the existence of the information, and {c) any evidence relatng to the existence of the information including- (i) any evidence that the information was destroyed, and (ii) the location in which the information was last known to be held, (3) if information is found after notice is given to a requester under sub-section (1), the Information Officer shall immediately notify the requester in writing and thereafter as soon as possible, but in any event within fourteen days; (a) determine whether to grant the request; (b) notify the requester of the decision in writing; and (c) ifthe request is granted, subject to the payment of any applicable reproduction fee, translation fee ofr transcription fee, give the requester access to the 17 cesta (2) shat rere ee Piri referred to in ion access shall be g iven in accordance with sections 14/4) and 14(7). (5) If access to information i S Paige 4 notice referred to in sub- section (3) shall annphelerc scene 20 Form of access 1) Acce i of eas Rial Shall be given to a requester in one or more (a) 8 reasonable opportunity to Inspect the Information, (b) & Copy of the information, thatis an article or thing from (c) _ in the case of information image which sounds or visual s are capable of being reproduced, the making of arrangements sounfor the person to hear, view, record or copy those ds or visual Images. (d) in the case of Information by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form provision by the information holder of a written transcript; (e) in the case of information which ss held on a computer, or in electronic or machine-readable form and from which the information holder concemed is capable of producing a printed copy of the information or part of It, by supplying such a copy; oF of being (f} in the case of information available or capable g a copy made in computer readable form, by supplyin in that form re the requester has requested 2) Subject to sub-section (4), whe ar form, access shall be given In ee to information in a particul that form on requ este r ma y am en d his or her preferred form of access e 3) A fees payabl ee not ice of the rep rod uction fee or transcription Se 18 m initially requested if access is granted in the for (4) If giving access to information in the form réquesteq by the requester is likely to - unreasonably interfere with the operations Of the " information holder; (b) be detrimental fo the preservation of the Information; or (c) having regard to the physical nature of the information, render access in the requested for, inappropriate, access in that form may be refused if access may be given in another form authorised under this Act (5) Where a person requests access to information in a particular form and for a reason specified in sub-section (4) access in that form Is refused but access is given another form, the reproduction fee charged may not exceed what would have been charged if that requester had been given access in the form requested (6) If a requester with a disability is prevented by that disability from reading, viewing or listening to the information concemed In the form in vehich it 1s held by the information holder, the Information Officer shall, if that requester so requests, take reasonable steps to make the information available in a form in which it is capable of being read, viewed or heard by the requester 21. language of access Rishinformation shall be p provided to the requester in The the jangu age it

22. Fees (1) A requester is not required time spent by- required to pay any cost in relation to {a) an informats Waleed ree Searching for the information {b) the information hotder determine whether {f &xamini ing the info Contains exempt iifs oualion ie 19 Access to Information Act, 202 4 atio Inform from nu @ doc such reproduction d charge the requester fee as may be prescribe p e a n he t e that a written transer! (3) Wherea irequisesmad re mina ti on information holder may rec over transe rip ti on atsuch ate rate as may be prescribed PART Ill - EXEMPTIONS

23. Refusal An info older grant access to information only rt an exemption stated in this Pa ma y re fu se to ss fa if the idm | on falls wi th in 24, Personal Information of a third party a { refuse @ (1) Subject to sub-section (2), , an Informat ha pareasonable pra = ee If its release would Sie party of personal informati third tion about = netural including a deceased individual. in terms of sub-section (1) where @) A request shall not be refused er e a representation und (a) third party does not wmak access to the in fo rm at io n sectio n 70( 3) sta tin g hy should not be granted, the disclosure; third-party consents to deceased for more than ten {c) ihird party has been years; public domain, (9) information is in the well- re la te s to th e physical or mental the information r the care of being of an in dividual who is unde o is- requester and wh eighteen years, oF (i) under the age of the un de rs ta nd in g the nature of e incapable of in th (ii) gi vi ng ac ce ss would be vest an d rests, individual's inte 20 4 (f information is about a deceased individual and the requester is- (i) the individual's next of kin or lega representative; (ji) making the request with the written Consent oF the individual's next of kin or legal representative. (ill) the Executor of the deceasad's estate, or (lv) the Trustee of a trust which can benefit from the deceased individual's estate; (9) information relates to the position or functions of an individual who is or was an official of the Information, holder or any other public body, and (bh) information was given to the information holder by the individual to whom it relates and the individual was informed by or on behalf of the information holder, before it was given, that the information belongs to a Class of information that would or may be made available to the public,

25. Commercial and confidential info rmation of an information holder or a third-party (1) Subject to sub-section (2), an Information Offic er may refuse a réquest for information if- (a) _ it Contains trade secrets of the information holder ora third party; or (b) ft contains information about the information hold er or a third party that would substantially prej udice a legitimate commercial or financial interest of the info rmation holder or a third party. (c) allowing access would harm the inte llectual property right of the information holder or a third party. (2) A request shall not be refused in terms of sub-section (1) where- (a) the disclosure of the information would facilitate 21 on fhe crates ee nlc meY ie {nformation relates to the expenditure of public the disclosure of tha information would reveal (d) the third-party consents to the disclosure; oF (e) the information is in the public domain.

26. Protection of life health, safety or privacy of an individual An information Officer may refuse a request where the release of the information Is likely to endanger the life, health, safety or privacy of an individual,

27. National security and defence (1)An Information Officer may refuse to grant access to Information where to do so would cause substantial prejudice to the security or defence of the State. (2) For the purpose of this section, security or defence of tha State means ~ {a) military tactics, strategy, exercises or operations undertaken In preparation for hosiilites or in connection with the detection, prevention, suppression, or curtailment of subversive or hostile activities, (b) Intelligence relating to - (i) the defence of the State, or (ii) the detection, prevention, suppression or curtailment of subversive or hostile activities, (c) methods of, and scientific or technical equipment for, collecting, assessing or handling Information referred to in paragraph (bj; 22 * 4 q (d) the identity of a confidential source; or ae ¢..... (e) the quantity, vuinerabilit . tics, characteris ies of deployment of anyting ne gned, developed, produced or considereg fording 9g weapons or such other equipment, exclu nuclear weapons (3) For the purpose of this section, subversive or hostile Activitgg means- (a) an attack against the State by a foreign element: (b) acts of sabotage or terrorism aimed at the People in the State or a strategic asset of the state, whethar inside or outside the State, or {c) a foreign or hostile intelligence operation 28. international relations (1) An Information Officer may refuse to grant access to information- (a) supplied by or on behaif of the State to another state or an inter-nationa! organisation in terms of an International agreement with that state or organisation which requires the Information to be held in confidence, (b) required to be held (n confidence by inte rnational law, {c) on the positions adopted or to be adopte d by the State, another state or an internationa l organisation for the purpose of present or futu re International negotiat ions; or (d) that constitutes diplomatic correspondence exchanges with another state or organisation or official corres wit h an international pondence exchanges emetic missions or consular posts of the country,

29. Economic interest of the An Infomation Officer which relates to the plein d ane grant access to information (a) CuUITeNcy or exchange aie (c) taxes: including duties of cus toms or excise, ifto do so would cause substa nitial hy the State or the ability of the State pete conomic interests cuit "

30. Law Enforcement An Information Officer may refu$e to such access would cause prejudice ue access to information, if (a) prevention or detecton of crime: (0) apprehension or prosecution of offenders: (c) administration of justice; (d) assessment or collection of any tax or duly’ or fe) secunty and life of an informant relating to a crime or investigation,

31. Privileged communications and documents An Information Officer may refuse to grant access to information if it- of confidential communication between a (a) consists Medical Practitioner and his or her patiant between a consists of confidential communication Legal Practitioner and his or her client; between 2 consists of confidential communication 24 journalist and his or her source; or would otherwise be privileg ed from PPOduction (9) proceedings, " lege, _ dient, source or person, as the cag. unless i the privilege consents to the release or hag walvey te, privilege.

32. Academic or examination processes (1) An Information Officer may refuse a request for information relating to - (a) an academic or professional examination; or itment or selection process pnor to the completi, si that examination or recruitment or selection process, n of release of the information is likely to jeopardise the integrity of gs examination or recruitment or selection process, i information referred to under sub-section (1 ) shall be releaseg saan after the academic or professional examination or recruitment or selection process has been completed

33. Cabinet proceedings An Information Officer may refuse a request for information relabng to a submission to the Cabinet for consideration and minutes ang decisions of the Cabinet, unless the Cabinet Secretary authorises such release 34, Severance (1) Where a portion of a record or document containing requested information Is exempt from release under this Part, the exempt portion of the information shail be severed or redacted from the record or document and access to the remainder of the information shall be granted to the requester. (2) Where an Information Officer severs or redacts any portion of a record or document, he or she shall indicate the length or amount of information severed or redacted in the response to the requester

35. Public interest override —— (1) Notwithstanding any of the exemptions in this Part, an information holder may only refuse a requester access to information if the harm to the Interest protected under the relevant exemption that would rasult from the release of the information demonstrably out-weighs the public interest in the release of the information. (2) An Information Officer shall consider whether sub-section (1) applies in relation to any information requested before refusing access on the basis of an exemption stated in this Part. (3) The exceptions in this Part apply of serious violations of human rights or ites somrat ny

36. Burden of proof An Information Officer who refuses to grant access to information requested has the burden of proving that- (a) such information is exempt from disclosure under this Act; and (b) the harm fo the protected Interest under the relevant exemption that would result from the release of the information outweighs the public Interest In the release of the information

37. Notice to third partias (1) If an Information Officer is considering a request for access to pe rsonal informaton of a natural third party or commercial or confidential information of a third party, he or she shall take reasanable steps to inform the third party to whom or to which the information relates or where the third party is deceased, the next of kin or legal representative of the third party, in writing of the request a$ soon as reasonably possible, but in any event within eight days after the request is received. (2) Subject to sub-section (7), when Informing the third party, the Information Officer shall include in the notice- (a) the nature of the request and the content of the information; (b) that the third party may consent to the release of the information or make a representation as to why access to the information should not be granted In 26 accordance with sub-section (3); ‘ if the third party does not make (0) ts to why access to the informationa reshesats n granted, access will be given; not 42 (d) that he or she may give access even if the th makes a representation under sub-se ction Qj grey (e) that ifparty third he or may she decides to release the informatio lodge an appeal under sectig, ao ths 3). Subject to sub-section (10), within ten days of being : pet under subsection (1), a third party may- Informed of @) _ inform the Information Officer in writing that he or eg consents to the release of the formation to tn° requester; or (b) | make a representation to the information Officer in writing stating why the request for access to the Information should not be granted (4) Where a third party - (a) does not provide a response under sub-section ( 3) within ten days of the receipt of the intimation; or (b) cannot be iocated after reasonable steps have been taken to do $0, the Information Officer may assume that the third party does not object to the information being granted to the requester. (5) On determining whether to grant the requester access to the personal or commercial or confidential information the Information Officer shall notify the third of the third party, decision as soon as possible, but in any even party in writing of the t within three days after the decision (6) If the Information Officer has granted the request for access circumstances where the third In party objected to the granting access, the notice referred to of in sub-section (5) shall state- (8) the reasons for granting the request: (b) that the third party may apply for a review of the 27 5 the notice, ser section 40 within ten days of receipt of decision under 4 (c) Verne Wester will be granted access to the Noy paded net me Prpedl ie kodged wiaver kia: (7) ifthe information Officer is consider! which ig required to respond to within forty-eight | eeunte tn ae) and that information contains personal information of @ natural third party or commercial or Confidential information of a third party the Information Officer shall take reasonable steps to inform the third party to whom or which the record relates, in writing of- (2) the nature of the request and the content of the information; {b) the name of the requester; and (c) Whether he or she released the information to the requester, and (8) Where the Information Officer responds to a request within forty- eight hours under section 14(2), @ third party shall not have the right to make a representation to the information Officer stating why the request should not be granted,

38. Extent of the exemptions time to The exemptions in this Part are not exhaustive and, may from time be expanded by the Minister PART IV - REVIEW OF DECISIONS

39. Right of review r may, on application, review @ (1) The head of an information nholde Officer under this Act. decision taken by the Informatio w of any decision of an (2) A requester may apply fo r a revie Information Officer (3) A third party may 4 pply fora revie w ofa decision of an Information aining third Officer to grant access to information cont party information. sub-section (2) shall be filed with (4) An application for review under 28 ion Officer of the public body within sg; peedrinseyenistnin decision of an Information Offiew Gays Of the ied pplicati tion onOffi for review under sub-section (3) Shall cer of the relevant body within ten edi receipt of a decision of an Information Officer OF the jon for review shall identify the request and ; Oe infemnation Officer which is the subject of the review, “°°%ion (7) if an application under sub-section (1) is lodged afte, the $i days, the Information Officer may, upon good cause Pity and with fhe approval of the head of the information holder. allo late lodging of the application. soon as possible, but in any event within five days after z Aapniresh application, the information Officer shall submit tp qe head of the information holder the- (a) review application, (6) — information Officer's reasons for the decision; ang {c) _ information that is the subject of the review, ang notify the requester and the third party in writing that the documents have been so submitted.

40. Decision on review (1) The head of the information holder to whom a review Is Submitted in accordance with section 39, shail as Application reasonably possible, but in any event within fifte SOON as en review application is received by the Information Offic days after the er. {@) make a decision, and (6) notify the requester or the thir d party, as the case may be, of that decision in writing (2) If the head of the information holder decides to grant access to the restart the notice to the requester referred to in sub-se sta ction (1) {@) the reproduction fee or transcription fee, payable: if any herr tration ct 2021 (6) the form in which access will be given; and (c) that the requester may appeal to the Commission under section 68 against the decision in respect of the reproduction fee, or transcription fee payable or the a access and the process for lodging that give notice under sub-section (2), that rethiolee say (a} a reproduction fee or transcription feais payable upon payment of that fee: or aon eae (b) 1G reproduction fee or transcription fee is payable, immediately, be given access to the Information. (4) Where the head of the information holder has decided to release information containing third party information, the requester may not be granted access to that information until such time as any rightof the third party to appeal against the decision under section 67 has lis e any appeal lodged by the third party has been finally etermime (5) If the head of the Information holder decides not to grant access to the information, the notice to the requester referred to in sub- section (1) shall- (a) state reasons for the refusal based on the contents and substance of the request and the information considered by the head of the information holder {b) contain a reference to specific provisions of this Act upon which the refusal is based; anc {c) inform the requester that he or she may appeal to the Commission against the decision in accordance with section 58, and the process of lodging that appeal (6) Where a third party has lodged an application for review, the notice referred to in sub-section (1} shall state — (a) reasons for the decision, anc (b) that the third part may apoeal to the Information » * ion Commission under section 67 agalnsi and the process for lodging thal appeal. the CCisigy, 7) if the head of the information holder falls to give a dec mane on 5 ee application within the time specified in SUb-Section she ig deemed to have affirmed the original decision ” €or Information Officer and the requester may appeal to the co raat under Section 67. on PART V — THE INFORMATION COMMISSION

41. Establishment of the Information Commission 1) There is established by this Act, th : Siealniveae © Information (2) The Commission 8 @ body comporsta with Perpetua Succession, Capable of - (4) acquiring, holding and disposing of Propert y: (6) suing and being sued in its cor porate name: and (¢) subject to this Act, of Perfor ming ail functions 28 bodies Corpo raie may by law perform ((4) Every document purpor ting to be an revi by or mn Seid of the Co instr XOCU seal mm is si on and to be te ommission in th ins "5 S e Manner stated in sibaeaee n {5) inIne apteprapriay ch ft Cases, the seal May be affixed 1 to document 5 3] (2) Members of the Comm S$Si0n shall be appointad by the President, afier consultation with the Public ; to confirmation by the National ma a (3) The Chairperson of the ;Commission shall hold off ce for five years and all other Commissioners shall hold office for four ane and be eligible for re-appcintment to one further term of five years. 43 Criteria for appointment of Commissioners (1) A trehe.= bin person is eligible to be @ppointed i j an Information Commissioner (a) is @ fit and proper person; (6) has requisite academic qualifications and working experience (c} is a publicly recognised human rights advocate, (4) iS independent, impartial and accountable, and (e) has demonstrable knowledge in access to information, transparency or public and corporate governance, (2) Aperson is disqualified from being appointed es an Information Commissioners if she or she fa) has been convicted of a felony or 8 crime involving dishonesty; (b) is. an undischarged bankrupt; or (c) holds a political office or position at any level of the State or within a political party at the time of nomination, or has held such office or position in the five years preceding the nomination.

44. Vacation of office (1) A Commissioner may resign his or her officean giving one month written notice to the President. 32 (2) Theo fice of a Commissioner shall become Marant I he OF she. psent from three meetings of the Cop, . (a) atic permission from the Chairperson, and 5 “es the Chairperson if he or she is abseng rn aioe without the permission of the Minis (b) is declared insolvent or adjudged bankrupt: (c} is convicted of a falony or an offence Involving dishonesty; is declared to be of unsound mind or physi a caput of carrying out the functions and dutios of Commissioner: (e) is found to be incompetent; {ff dies;or (9) commits gross misconduct. (3) Where a vacancy arises, the person sppointed to fill such Shall hold offica for the remainder of the vacancy predecessor in office would have held term for which his or her office if Such Vacancy had not Occurred

45. Inquiry before termination of appointment

46. Limitation on outs ide work A Commissioner shall not ~ (@) hold any other Job, (0) occupy of enga ge In any trade or Profession for financial gain, or 33 (e} engage in any party-political activity

47. Remuneration The remuneration of Commissioners appr National Assembly on the facobdieraaices of ihe ie meee 48, Independence of the Commission (1) The Commission shall be - fa) Independent and autonomous: and ional (b) accountable only to the Nat arte pienioa for the execution of itg mandate, operations and (2) Subject to suD-section (1), i the Commission shall not in th performance of its functions under this Act, be subject to the shbllsses er control of any other person or authority 49, Staff of the Commission (1) The Commission shall be assisted by a secretariat consisting of- (a) the Executive Secretary, and (bisuch other administrative and technical staff as required for the efficient performance of Its functions EE (2) The Executive Secretary and other staff of the Commission shall be appointed by the Commission on such tems and conditions as it may determine.

50. Duties of the Executive Secretary ssion, (1) Subject to the direction and general control of the Commi tha Executive Secrelary- (a) shall be responsible for carying out the policy decisions of the Commission, administration (b) shail be responsible for the day-to-day mission and and management of the affairs of the Com mission the Com the control of the other staff of The remuneration of Comp

48. Independence of the Commisei on (1) The Commission shai bes (a) independent aNd autons Mous: and {b) acc ‘ ountable ont Y to th its mandate, Operations sone! Assemb ly for the execution of and Performance 2) Sub ; : jthamcedb i, Sorat he Commission shall not in the or control of any other Person or sehen be subj ectto the direction

49. Staff of the Commis sion (1) The Commission shall be Ass isted by a secretariat con sisting of (a) the Executive Secretary , and (b) such other administrati ve required for the efficient pev end fomnariog Geet indie wie (2) The Executive Secretary and atho r Staff of the Commission e appoiy ISSi0N on such terms and conditions asshall nted by the Commissi be P# may 50, Duties of the Executive Secretary (1) Subject to the direction and general control of the Commiss the Executive Secretary- a (a) shall be responsible for carrying out the policy decisions of the Commission; (b) shall be responsible for the day-to-day administration and management of the affairs of the Commission and the control of the other staff of the Commission; 34 (c) ft perform such other duties 2s may be (@) by the Commission. *S8ig ne tive Secretary shall unless otherwise dire . Cted ji, a writingUys Aa meetings of the Commission.

51. Powers of the Executive Secretary Secretary shall formulate rules and Procedures The Executive providing for- (a) the control, direction and administration of the Commission; (b) the discipline, training, classification and promotion of other staff of the Commission, (c} the terms and conditions of service, and (d) such other matters as he or she may consider necessary or expedient for the smooth operation of the Commission,

52. Engagement of Experts (1) The Commission may, whenever it deems appropriate, appoint experts to assist it in gathering information, conducting research, investigations and analysing issues pertaining to the pe tformance of any of its functions under this Act. (2) In appointing such experts, the Commission shall inclu fepreseniatives from appropriate civil society and de qualified other interest groups, 53. immunity of the Commission and staff (1) The Executive Secretary, the staf f and members of the Commission shall not be subject to any criminal or clvil proceedings or be personally liable for any fo be done in good faith in the perfor act done or omitted mance of their functions. (2) A-staff who discloses wrongdoing within the Commission may 3S on2021 InftoormatiAct. Access not be subject to an Ph praia employment by : ; vis course of their PART VI - POWERS AND DuTiEs oF THE COMMISSION

54. Powers and duties (1) The Commission shall have the power to determine the nature, process and undertaking necessary to discharge its mandate in terms of this Act, including all work necessary for the promotion, monitoring and protection of the right to access information (2) The Commission shall at its own discretion and power- (@) resolve a matter through negotiation, conciliation, or mediation as it deems such recourse appropriate; (0) determine the need for, form of and type of peoeion required for the determination of any {c) make any determination it considers just and equitable including issuing recommendation, imposing such fines or penalties in matters before it as it considers appropriate; (cd) dismiss a matter it considers manifestly vexatious; and {e) authorise or undertake any action it deems necessary “ appropriate for the execution of ts mandate under is Act, (3) The Commission may- (a) determine and issue general directions for the hearing of a matter including notification of parties; (b) issue specific directions where issues of sensitivity to the state are concemed; {c) issue specific directions in matters concerning confidential Information or minor circumstances which it deems appropriate; for, form of, (d} decide on all matters relating to the need and ion, issuing and service of notices and communicat 36 ; 4 oo ian eat (e) decide on Issues of representation where necessary fr to - 4) The Commission has ihe paws : ° (a) iesuemation; fa written orders obliging the production q reproduce. take extracts from or hoty (b) an foras jong as is necessary; ulre the prod uction of information to which accegs (¢) ie been refused on the basis of an exemption under Part Ill, for the purpose of deciding whether it |s an, exempt document, {d) limit access to information to parties in terms of this Act; action or issue and serve notices as may ™ rospnbdcsth for the resolution of any matter before it

55. Referral powers 1) The Commission has the power to make i direct referra Is to the fee Court or the Supreme Court on questions of law or such other matters it considers appropriate (2} The Commission may where it deems necessary - (a) bring actions in its name before the High Court or Supreme Court; or (0}join any proceedings In these Courts which relate to the implementation of the mandate of the Commissi on.

56. General duties of the Commission (1) The Commission shall- {a} conduct matters with as little technicality or formality and as expeditiously as possib le, {b) consider the needs of persons who wish to te pr ots ected disclosures, mino make rs, and other vulnerab le 37 (3) publish quartarty (2) The Commission shaji to assist users in requesting infor to this Act in plain language

57. Annual report to the Nation al Ass embi ¥ The Commission shall with year submit an annual report nths before the end of eac h include complaints about Offences one ational Ass embly which shall this Act and findings of any audi t iis €¢ during Investigation under rlaken by the Commission. (1) The Commission has educate and popularise the right the ofMan accdate to promote: awareness, to information. {2) In promoting the 1 ; shalt Ng fe right of access to Information, the Commission (2) assess all implementati on plans ired in te Section 61 to ensure information holde rs pWesheedsc obligations and processes which Support awareness raising and aducatian interventions at communit y level including disadvantaged groups, (b) consult and collaborate with civil society orcanicel organisations and interest groups, {c) provide recommendations and guidelines to information holders for internal training of personnel, and provide training on request, if resources are available; (d) monitor intemal training of staf within public bodies and relevant private bodies and issue notices for mandatory training where necessary, (e) assist both requesters and Information holders on matters of interpretation of the Act; develop such material as it deems necessary to (f} 38 —_ - aceess tp information Act. 2021 — formation; and pr om ot io n of access tO in adva nce e the annual report blic and widely di sseminat a othe Commission. Law

59. Research and shall take such me asures aS are The oversight slation of any (1) aptieall prpeop tha losed of emerging legi ecessary to ensure practices are aligne d to this Act. re gu la ti on s an d ski, d to torits ob s gationort lit j mec han ism shal l,i, w! with Bir arane Te (2) The oversigh t submit recomme nder sub-section (1), ati on to the relevant author ities or em er gi ng leg isl ropoeed sio n may und e rta ke or co m mission any resear .ch it (3) The Commis te for the attain ment of the objectives deems necessary Or appropria of this Act. for reform and any research (4) Reports of recommendations shall be presented to National undertaken by the Commission Commission Assembly in the annual report of the 60 Monitoring ts as are required by (1) Information holders shall provide such repor this Act fo the Commission. (2) The Commission shall, following public consultations, develop and publicise guidelines which detail the reporting requirements, including the manner, means and timeframes that apply to information holders. (3) The Commission may request any further information from information holders to facilitate and enhance monitoring at any time and may issue an order compelling the provision of such further information

61. Implementation plan (1) Every public body and relevant private pri body shail submi implementation plan to the Commission within sictana months ate commencement of this Act, or within six months of the establishment of the body, whichever is the earlier, detailing- {@) its operational P plan to iimplement its obligati; ons under this Ack ara on Staff est staff Mates per Capita and identification of as (c) enhance 1 M@chanig Implementation “cr no to facilitate and {d) mechanisms it wilt applications, notifi monitor cations arden an (e) Steps to secure contin ued er compulsory training plans for saeny building and (f) plans for public consultation S, com information sharing and awareness rei ne i (9) plans for, and frequency of — self-initiated implementation audits; and; (h) for the purpose of sub-sectlon(1)(b) - {i) policies and plans for the purposes of realising its proactive disclosure obligations, including Information classification processes; and (li) measures to ensure frequent and accurate proactive disclosure of information. s or amended plans at (3) The Commission may call for further plan its discretion. e directives on specific plans (4) The oversight mechanism may issu for enhanced implementation, 40 ire the plan producedin (5) Thesg oveac rsight mecharier Tin such fime framesand atau (1) titoon be re sarpinciee as it deams necessary

62. Publication of Information Manual ie but in any event within two years of in six months of the establish commencement of this Act, ae piel all men of the body whichever Is is to be information holders mp anua widely dissem I inated, including j, mis sio n spread peerage submitted to the Com Sadeae. a tnd which will be made available only through the formal request process. (3) With ragard to proactively disclosed information, the Commigsion shail from time to time determine- (a) measures to be undertaken te ensure accessibility of information, (b) accessibility guarantees in terms of medium, format and language; {c) measures to ensure accuracy of information; and {d) additional categories of information not liste d in section 7 that must be proactively disclosed. (4) With regard to alf other informati determine- on, the Commission shall (a) ee be ue adopte d quent updating of all categoto ensure Periodic and by the information holder; ries of information held (b) inasma me te to be undert ures aken to en Sure access ibility of (c} accessibility guaran tees in ter 4nd language: and i te A Ror (4) measures to ensure accuracy of inform ation 41 The information Shall, together wi OO ae in sub-section (2) iy ation the tohowints ee the informut the on hol der - ), inc lud e informati Information abo a description and duties. Of the struandctitsufunrctieons, powers (a) the details ofOfficer: contact information ic deputy tronany Information Officerelecand (c} plai the rms n n,la nguage guidelines developed by the Com sio {d)d) s esii ad I any arrangement or provision for a Oricete © recommendations or to otherwise n the formulation of policy or the exercise of powers or perfo ation der ; ma nc e of duties by the inform hol (e) cription of remedies ava avaiilable In re a des Ste or omission by the information holder’ ia ai t of translation fees and transcription eee = (6) An Information holder shall- (a) update> and publish its information manual whenever occur, but material changes to the information therein at least every two years; and information manual to the (b) submit the updated Commission, the Commission

63. Annual reports to private ati on Off ice r of eac h public body and relevant r (1) The inform tha n the end of the first quarter of each yea body shall no later to the body in the Co mm is si on a report stating in relation submit to year - g respect of the precedin for acce ss received; (a) the number of requests of requests for personal information (b) the num ber received, Accesso infomation Act 2024 (c) the numberof requests for access granted in full, ber of requests for access gra nted ; in terms of (0) ue public interest override in section 35; (e) the number of requests for access refused- (i) in full, and (i) in part; (f} the number of times each provision of Part Ill was relied onto refuse access infull or part; (9) the number of cases in which the periods stipulated in this Act were extended, (h) the number of internal appeals lodged with the relevant authority; (i) the number of intarnal appeals lodged on the ground that a request for access was regarded as having been refused in terms of section 17, (j) the number of cases in which, as a result of an internal appeal access was given to information: (k) the number of appeals referred to the Commissi on and the outcome of those appeals: (i) the number of appeals referred to an appropriate court and the outcome of those appeals; (m) a Cescription of the Steps or eff orts taken by the head of the body to encourage all comply wit off icers of that body to h the provisions of this Act, (n) any facts which indicate an eff administer and implement ort by the body to the Spirit and intention of the Act according to its submitted plan, (0) particulars of an nalti under this Act: 7 Penalties Issued against any person 8B i (P) particy ; lars of a Under ny Giscinting TY action taken against any Person this Act; , ; Of thi ms of tered in * ¥, Including atts in ter ; {f) recommendation relevant private bod POS penalties obligation. '96 that do not comply wath ihe aesreportin aog (3) All public bodies sh Commission under this fet ae as the report submitted to the Assembly to their annual reports to the National

64. Proactive disclosure reports to the Commission erie Wekthe Qala Sts ee mle he Cee mn The | j os categories of information that ies nleagidh Gina isclosed by the public body, including documents referred to In section 8, and the place where the public can access that informaton.

65. Inspecting powers of the Commission (1) The Commission shall inspect compliance by an information holder with this Act to. conduct an inspection under (2) The powers of the Commission power to- sub-section (1) includes the (a) conduct inspections, in tion it deems appropriate (b) undertake any investiga tion, furtherance of the inspec body; (c) engage with staff of the information, (d) request copies of any necessary {0 any information it deems (e) access 44 undertake the inspection; and (f} penalise non-compliance. (3) The obligations of the Commission In this regard include the duty to- (a) notify the information holder of the information, (b) #ssue time-bound recommendations to the information holder; {c) monitor implementation of its recommendations; ang (cd) investigate reasons for non-compliance, if any

66. Effect of non-compliance (1) in the event of non-compliance by an Information holder with any of the obligations under this Part, the Commission may issue a notice specifying a timeframe for compliance with the Obligation and any further directives as the Commission considers necessary or appropriate (2) If the information holder fails to comply with a notice issued by the Commission under sub-section (1), the Commission may impose such penalty as it considers necessary Or appropriate, PART Vill - APPEAL TO THE INFORMATION COMMIS SION

87. Appeal to the Commission A requester or a third party may appeal against the decision of the head of the Information holder in writ ing to the Commission.

68. Direct appeal (1) A requester who requests access to information reason = to be necessary to Safeguard ably S- the life or libe rty of a person (a) refused access to the rec ord within 48 hours of request: or the (b) receives no notice of the decision of the In formation 45 may apply directly to decision. 70 Ihe oversight mechanism for (2) Where the oversight mechan sub-section (1), it may, upon a ism feC@ves Bn application y matter summari ly OF undertakeSeament further of inn” (act: determine track the before such determination investigation, if necessary (3) Any staff member of an | ormati wrongdoing under this he ma On holder, who wishes to report exhausting any applicable ines pth ke Commission without 69 Notice of intention to inv estigate or hear @ matte r The Commission shall sebestgacbe of bes ry out an inveshgation or hear stance inand g application, as is appropriate, before fing under this Act. 70 Notice to third parties (1) The head of an information holder shall, immediatel y on receipt of a notice of a hearing or investigation from the oversi we t mechanism mechanism of al | third parties inform the oversight informationrelates. to whom the (2) Subject to sub-section (3), the Commission shali Issue such directions as are necessary 10 ensure, to the extent reasonably possible, that third parties in matters before it, are notified of hearings or investigations. (3) The Commission has the discretion to dispense with natification to third parties where it considers it necessary. 71 Right to make representation (1) In any matter before the Commission, a reasonable opportunity to make representations shall be given to- (a) the person who rade the application, and the requester, if he or she did not make the application; and (b) the head of the information holder concerned; contains third (c) a third party if the information requested 46 before it, the Commission has respect to any matter the (a)4 witnesse <ummon where person y; of organs of state or any s, heads necessar (b) summon expert witnesses where SPRKORTaNS: parties on application to join (c) allow interested proceedings; riate; (d) provide assistance to applicants where approp rings {e) allow relevant persons to participate in hea through any medium they chose; compel any witness or evidence it considers necessary ° for aimee of a matter; and (9) administer oaths and recelve any such evidence it deems necessary under oath or on affidavit.

72. Notices and communication (1) The Commission shall serve notice of the findi ng of an investigation, audit, summary finding, application or decision on an hearing or of a referral to an appropriate court, including rights of appeal, on ail relevant parties. any (2) Where in the view of the Commis sion, service of the notice of finding will cause prejudice due the to the sensitive nature of exe mpt by the Commission, Cause substantial unjustifiable prejudice to ' the commercial inte individual; or rests of a private business or private impair relations between stat

73. Orders, decisions and directives (1) The Commission may issue bind! on any matter before it, including- ng orders or recommendations (a) affirming the decision of the information holder (b) requested,the type of access originally granted or varying (c) satting aside the decision of the information holder and making a ruling; (a) requiring the information holder to take such steps as may be necessary to secure compliance with its obligations under the Act, (e) mandating negotiation, conciliation, and arbitration, and (f) imposing a contempt order, a cost order, or a summary order or any other order rt considers just and equitable. sary (2) The Commission may issue such directives it deems neces to enforce its decisions. s, decisions

74. Content of recommendations, findings, order and directives facts, findings and The Commission shall produce a statement of of which shall be reasoning for decisions on matters before it, a copy e. provided to all parties to the matter free of charg public domain 75 Third party information released in the i a . | section (2), @ third-party information Subject io mi shall thereafter be an information nae Causster is granted access public domain. ter Is granted access to h is Or Mer persona) (2) Where 8 geet al information of his or her next of kin information sft o, someone for om nothe beor inshethe ispublic will the legal domainperso reasonrepre by nal of that i grant that information of access.

76. Offences intent to deny a fight of access i, 4) A person who with CP aden under this Act- fa) destroys, damages or alters Information; (b) conceals information; (c) faisifies information or makes a false record, (d) obstructs the performance by an information holder of a duty under this Act; interferes with or obstructs the work of the Commission; or (f}) directs, proposes, counsels or causes any person |n any manner to do any of the above, commits an offence and is lable on conviction to a fine not less than fifty thousand dalasis and not mora than five hundred thousand dalasis or imprisonment not less than six months and not more than one year PART Vili - FINANCIAL PROVISIONS

77. Funds of the Commission The funds of the Commission shall consis t of- (a) such monies as may be a Ppropr iated by the National Assembly pursuant to an ation Purposes of the Cmence ‘sie ies (o) a ny monies received by the Commission by way of Gonations or grants of from any other legal sources 49 | seas ft anna whether domestic or foreign, and fer of movable any proceeds from sale, lease or transon. (c) or immovable property of the Commissi

78. Estimates, accounts and audit later than three months before the end (4) Th Commission shall not are and submit to the Minister for sf each financial syear,of prep the income and expenditure of the approv: al, estimate Commis si on for th e en su in g ye ar proper records and books of accounts. sion shall keep tra (2) The Commisexp enditure and nsfers. of its Income, ll, within three months after the end of each (3) The Commission sha eral ement of accounts to the Au ditor-Gen financial year, submit its stat for audit sion and the Auditor- The audited accounts of the Commisform (4) part of the Auditor- General's report on those accounts shall the National Assembly General's overall annual report to to the Minister

79. Annual report submitted h n two months after the end of eac The Commission shall not fater tha Its National Assembly, a report of year submit to the Minster r and yea activities in the previous

80. Regulations make regulations for carryin g into effect the (1) The Minster may this Act in consultation wi th the rpo ses of the prov isions of Co ission mm lity of sub-section (1), regulations (2) Without prejudice to the genera made, may provide for— and the manner of (a) fees for request for information sion; payment as determin ed by the Commis tion of information and (b) fees for reproduction or transcrip determined by the the manner of payment as Commission, and ter under the Act. (c) the manner of publication of any mat emb ly this 13 da she year of al Ass ‘ee PASSED in the Nat ion e » Git. Lond toasty Beeate aee Me A Sise Clerkof the Not ion g) as sembly: ‘4 pared by me with PRI NTE D IMP RES SIO N has been carefully com ndby me to bes tue @ | THIS and fou | the National Assembly, which has passed in the said Bill correct copy of A A. Se Nat ion al Ass embly: Clerk of the