Freedom of Information Act, no. 27 of 2003

10. Right of access

11. Access to certain documents

12. Access to documents otherwise than under this Act

13. Requests for access

14. Duty to assist applicant 15, Transfer of request for access ™ Rye po] ii

16. Time-limit for determining requests

17. Access to documents

18. Deletion of exempt information 19, Fees

20. Forms of access

21. Deferral of access Refusal of access in certain cases Decisions to be made by authorised persons 24, Reasons for decisions to be given PARTIV EXEMPT DOCUMENTS Cabinet documents

26. Documents affecting national security, defence and international relations

27. Documents affecting enforcement or administration of the law

28. Documents affecting legal proceedings or subject to legal professional privilege

29. Documents to which secrecy provisions apply

30. Documents affecting personal privacy

31. Documents relating to trade secrets, business affairs etc

32. Documents affecting national economy "2.

33. Documents containing material obtained in confidence Documents disclosure of which would be contempt of court or contempt of Parliament :

35. Disclosure of exempt documents in the public interest

36. Duty of authorities to act in good faith . —— > "ec a. iii PARTV MISCELLANEOUS

37. Protection against actions for defamation or breach of confidence

38. Protection in respect of offences

39. Judicial review Report to Parliament

41. Regulations 42, Preservation of records and documents 43, Non derogation from Privacy Act, No. of 2003 a wt mp » 7° id ai PR TESA SAINT VINCENTAND THE GRENADINES ACT NOAF 2003 | ASSENT Y. Govéthor-General IStA \ Becernber, Joos AN ACT to give rights of access to official documents of the government and public authorities to members of the public and to provide for connected matters. Ibt- December, 2002, BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly of Saint Vincent and the Grenadines and by the authority of the same, as follows: PARTI PRELIMINARY l. This Act may be cited as the Freedom of Information Act, 2003. Short title

2. This Act shall come into operation on a day to be appointed by Commencement the Minister, by order published in the Gazette.

3. (1) The object of this Act is to extend the right of members of Object of Act the public to access information in the possession of public authorities by (a) making available to the public information about the operations of public authorities and, in particular, ensuring that the rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those rules and practices; 6 No. Freedom of Information 2003 (b) creating a general right of access to information in 74 documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by public authorities; and (c) creating a right to bring about the amendment of records containing personal information that is incomplete, incorrect or misleading. (2) The provisions of this Act shall be interpreted so as tc: further the object set out in subsection (1) and any discretion conferred. by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information. Interpretation 4. In this Act “applicant” means a person who has made a Tequest in accordance with section 13 and shall include a person who is acting on behalf of'a minor or ofa person under a disability; “chief executive officer” includes the officer for the time being exercising the highest level of administrative functions within any public authority; “document” means information recorded in any form, whether printed or on tape or film or by electronic means or otherwise and includes any map, diagram, photograph, film, microfilm, os videotape, sound recording, or machine-readable record or any record which is capable of being produced froma machine-readable record by means of equipment or a programme (or a combination of both) which is used for that purpose by the public authority which holds the Tecord; “enactment” means an Act or an Instrument (including rules, regulations or by-laws) made under an Act; a a 7q . No. Freedom of Information 2003 “exempt document” means a document which, by virtue of any provision of Part IV, is an exempt document, “exempt information” means information the inclusion of which in a document causes the document to be an exempt document; “Minister” means the Minister who has been assigned responsibility for information under the Constitution; “personal information” means information about an identifiable individual that is recorded in any form including, without restricting the generality of the foregoing - w (a) information relating to the race, sex, national or ethnic origin, religion, age or marital status of the individual; ws (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or o ther particular assigned to the individual; (d) the address, fingerprints or blood type of the individual: (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f) correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; or (g) the views or opinions of any other person about the individual; “prescribed” means prescribed by the Minister by regulations eo made under this Act; > » a 8 No. Freedom of Information 2003 cy “t “public authority” includes (a) Parliament, or any committee of Parliament; (b) the Cabinet as constituted under the Constitution; (©) a Ministry or a department or division of a Ministry; (d) a local authority; (e) a public statutory corporation or body; 9) a body corporate or an incorporated body established for a public purpose, which is owned or controlled by the State; (g) an embassy, consulate or mission of the State or any office of the State situated outside of Saint Vincent and the Grenadines whose functions include the provision of diplomatic or consular services for or on behalf of Saint Vincent and the Grenadines (h) any other body designated by the Minister by regulation made under this Act, to be a public authority for the purposes of this Act; “responsible Minister” in relation to a public authority means the Minister of Government to whom responsibility for the public authority is assigned. Non-application 5, (1) This Act does not apply to of Act a). the Governor-General; or () a commission of inquiry issued by the Governor-General (2) For the purposes of this Act (a) a court, or the holder ofa judicial office or other office pertaining to a court in his capacity as the holder of that office, shall not be regarded as a public authority; (b) except in a judicial capacity a registry or other office of court administration, and the staff of such a registry or other office of court administration in their capacity as members of that staff in relation to those matters 0 “) wt 9 Freedom of Information 2003 which relate to court administration, shall be regarded as.part of a public authority.

6. This Act shall bind the State. Actto bind S tate PARTI PUBLICATION OF CERTAIN DOCUMENTSAND INFORMATION

7. (1) A public authority shall, with the approval of the Minister Publication of information (a) cause to be published in the Gazette as soon as concerning practicable, but not later than twelve months, after the functions, etc, of public authorities date of availability of the forms approved by the Minister e (i) a statement setting out the particulars of the vt organisation and functions of the public authority, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions, and particulars of any arrangement that exists for consultation with or representations by, bodies and persons outside the Government administration in relation to the formulation of policy in, or the administration of, the public authority; (ii) a statement of categories of documents that are maintained in the possession of the public authority; (ii) a statement of the material that has been prepared by the public authority under this Part for publication or inspection by members of the public, and the places at which a person may inspect or obtain that material; (iv) a statement of the procedure to be followed by a person when a request for access to document is made to a public authority; (b) during the year commencing on the first day of January next following the publication, in respect of a public authority, of the statement published under that ad 10 Freedom of Information 2003 subparagraph (a) that is the first statement published under that subparagraph, and during each succeeding year, cause to be published in the Gazette statements bringing up to date the information contained in the previous statement or statements published under that subparagraph. (2) A form approved by the Minister under subsection (1) shall be such as he considers appropriate for the purpose of assisting members of the public to exercise effectively their rights under this Act. (3) Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document would cause that document to be an exempt document. (4) Where a public authority comes into existence on or after the date of commencement of this Act, it shall comply with subsection (1) as soon as practicable after the date it so comes into existence. Certain docu- 8. (1) This section applies to documents that are provided by the ments to be avail- public authority for the use of, or are used by, the public authority or its able for inspection and purchase officers in making decisions or recommendations, under the p ublic authority, with respect to enactment or scheme administered by the public authority, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons are or may be entitled or subject, being (a) manuals or other documents containing interpretations, tules, guidelines, practices or precedents including, but without limiting the generality of the foisgoing, precedents in the nature of letters of advice providing af information to bodies or persons outside the public authority; () documents containing particulars of such a scheme, not being particulars contained in any other enactment; and (c) documents containing statements of the manner, or intended manner, of administration or enforcement of such an enactment or scheme, A ae at 11 No. Freedom of Information 2003 but not including documents that are available to the public as published otherwise than by the public authority or as published by another public authority. (2) A public authority shall (a) cause copies of all documents to which this section applies that are in use from time to time to be made available for inspection and for purchase by members of the public; (b) not later than twelve months after the date of _ commencement of this Act, cause to be published in the Gazette, a statement (which may take the form of an index) specifying the documents of which copies are, at the time of preparation of the statement, so available and the place or places where copies may be inspected and may be purchased; and (c) within twelve months after the date of the first publication of the statement under paragraph (b) and thereafter at intervals of not more than twelve months, cause to be published in the Gazette, statements bringing up to date information contained in the previous statement or statements. (3) The public authority may not comply fully with paragraph 2(a) before the expiration of twelve months from the date of commencement of this Act, but shall, before that time, comply with that paragraph as far as . is practicable, (4) This section does not require a document of the kind referred to in subsection (1) containing exempt information to be made available in accordance with subsection (2), but, if such a document is not so made available, the public authority shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt information, and cause the document so prepared to be dealt with in accordance with subsection (2). (5) Where a public authority comes into existence on or after the date of commencement of this Act, subsections (2) and (3) shall apply ey 12 Freedom of Information. 2003 in relation to that public authority as if the references in those subsections a to the date of commencement of this Act were references to the date the public authority so comes into existence. Unpublished 9. Ifa document required to be made available in accordance with documents not to section 8, being a document containing a rule, guideline or practice relating prejudice public to a function ofa public authority, was not made available and included in a statement in the Gazette, as referred to in that section, a member of the public who was not aware of that rule, guideline or practice shall not be . subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him if he could lawfully have avoided that prejudice had he been ¢ ware of that rule, guideline or practice. PARTIDO RIGHT OFACCESS TO INFORMATION Right of access 10. Subject to this Act, every person shall have a right of access in accordance with this Act, to an official document other than an exempt document. Access to certain Il. Where documents (a) a document is open to public access, as part of a public register or otherwise, in accordance with another enactment; or (b) a document is available for purchase by the public in accordance with arrangements made by a public authority, the access to that document shall be obtained in accordance with that enactment or arrangement, as the case may be. Access to 12. Nothing in this Act shall prevent a public authority from publishing documents or giving access to documents (including exempt documents), otherwise otherwise than than as required by this Act, where it has the discretion to do so or is under this Act required by law to do so. , Requests for 13. (1) A person who wishes to obtain access to a document of a access public authority shall make a request in writing to the public authority for access to the document. wa 5 w #) 13 No. Freedom of Information 2003 (2) A request shall identify the document or shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the public authority to identify the document. (3) ‘A request may specify in which of the forms of access set out in section 20 the applicant wishes to be given access. (4) Subject to section 22, a request may be made for access to all documents of a particular description that contain information ofa specified kind or which relate to a particular subject matter. 14, (1) A public authority shall take reasonable steps to assist any Duty to assist person who applicant (a) wishes to make a request under section 13; or (b) has made a request which does not comply with the requirements of subsection 13(2), to make a request in a manner which complies with that section. (2) Where a request in writing is made to a public authority for access to a document, the public authority shall not refuse to comply with the request on the ground that the request does not apply with subsection 13(2), without first giving the applicant a reasonable opportunity of consultation with the public authority with a view to the making of a request in a form that complies with that section.

15. (1) Where a request is made to a public authority for access to a Transfer of document and the request has not been directed to the appropriate public request for authority, the public authority to which the request is made shall transfer access the request to the appropriate public authority and inform the person making the request accordingly. (2) Where a request is transferred to a public authority in accordance with this section, it shall be deemed to be a request made to that public authority and received on the date on which it was originally received,

16. A public authority shall take reasonable steps to enable an Time-limit for applicant to be notified of the decision on his request (including a decision determining Tequest 14 No. Freedom of Information 2003 u - for deferral of access under section (21) as soon as practicable but in any nut case not Jater than thirty days from the date on which the request is duly made. Access to 17, Where a request for access to a document is duly made and documents (a) the request is approved by the public authority; and (b) subject to section 19, any fee required to be paid before access is granted has been paid, access to the document shall be given forthwith in accordance with this Act. Deletion 18. (1) Where of exempt information (a) adecision is made not to grant a request for access to a document on the ground that it is an exempt document; and (b) itis practicable for the public authority to grant access to a copy of the document with such deletions as to make the copy not an exempt document; and (c) it appears from the request, or the applicant subsequently indicates, that the applicant would wish to have access to such a copy, the public authority shall give the applicant access to such a copy of the document. (2) Where access is granted to a copy of a document in accordance with subsection (1), the applicant shall be informed that it is such a copy and also be informed of the provisions of this Act by virtue of a which any information deleted is exempt information. Fees 19. The Minister may from time to time by regulation prescribe or alter (a) the fees to be charged bya public authority for the making of a request for access to a document; (bo) the fees payable where access to a document is to be given in the form of printed copies in some a t¢ wt 15 Ly No. Freedom of Information 2003 other form such, as on tape, disk, film, electronic means or other material; (c) the manner in which any fees payable under this Act is to be calculated and the maximum amount it shall not exceed; and , (d) exempt any person or category of persons from paying any fees under this Act, where the information contained in the document for which access is requested is in the public interest. Forms of access 20. (1) Access to a document may be given to a person in one or * more of the following forms: (a) a reasonable opportunity to inspect the document; (b) provision by the public authority of a copy of the document; (c) in the case ofa document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images; (d) in the case of a document 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 public authority of a written transcript of the words recorded or contained in the document. (2) Subject to subsection (3) and to section 18, where. the applicant has requested access in a particular form, access shall be given in that form. (3) Ifthe form of access requested by the applicant (a) would interfere unreasonably with the operations of the public authority; or 16 No. Freedom of Information 2003 (b) would be detrimental to the preservation of the document or, having regard to the physical zature of the document, would not be appropriate; or {c) would involve an infringement of copyright (other than copyright owned by the Government) subsisting in the document, | access in that form may be refused and access given in another form. Deferral of access 21. (1) A public authority which receives a request may defer the provision of access to the document concerned until the happening of a particular event (including the taking of some action required by law or some administrative action), or until the expiration of a specified time, where it is reasonable to do so in the public interest or having regard to normal and proper administrative practices. (2) Where the provision of access to a document is deferred in accordance with subsection (1), the public authority shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate. Refusal of access in certain cases 22. A public authority dealing with a request may refuse to grant access toa document in accordance with the request, without having caused the processing of the request to have been undertaken, if the public authority is satisfied that the work involved in processing the request would substantially and unreasonably interfere with the normal operations of the public authority, and if before refusing to provide information on these grounds, the public authority has taken reasonable steps to assist the applicant to reformulate the application so as to avoid causing such interference. Decisions to 23, A decision in respect ofa request made to a public authority may be made by be made, on behalf of the public authority, by the chief executive officer of authorised persons the public authority or, subject to the regulations, by an officer of the public authority acting within the scope of authority exercisable by him in accordance with the arrangements approved by the chief executive officer of the public authority. Reasons for 24. (1) Where in relation to a request for access to a docurnent of a decisions to public authority, a decision is made under this Part that the applicent is not be given entitled to access to the document in accordance with the request rN wn au 17 No. Freedom. of Information 2003 or that provision of access to the document be deferred or that no such document exists, the public authority shall cause the applicant to be given notice in writing of the decision, and the notice shall @) state the findings on any material question of fact, referring to the material on which those findings were based, and the reasons for the decision; (b) where the decision relates to a public authority, state the name and designation of the person giving the decision; (©) where the decision does not relate to a request for access we to a document which if it existed, would be an exempt document but access is given to a document in accordance with section 18, state that the document is a copy ofa document from which exempt information has been deleted; (4) where the decision is to the effect that the document does not exist, state that a thorough and diligent search was made to locate the document; © inform the applicant of his right to apply to court fora review of the decision and the time within which the application for review is required to be made. (2) A public authority is not required to include ina notice under subsection (1) any matter that is not of such a nature that its inclusion in a document to be an exempt document. PARTIV EXEMPTDOCUMENTS

25. (1) A document is an exempt document if it is Cabinet documents (a) a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister of Government to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet; 1 +a th) 18 Freedom of Information 2003 4) (b) an official record of any deliberation or decision of the Cabinet; (c) adocument that is a draft ofa copy of, or ofa part of, or contains an extract from, a document referred to in para- graph (a) or (b); or (d) a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabi- net, other than a document by which a decisidn of the Cabinet was officially published. (2) Subsection (1) does not apply to a document that contains purely statistical, technical or scientific material unless the disclosure of the document would involve the disclosure of any deliberation or decision of Cabinet. (3) For the purposes of this Act, a certificate signed by the Secretary to the Cabinet or a person performing the duties of the Secretary, certifying that a document is one of a kind referred to in a paragraph of subsection (1), establishes conclusively that it is an exempt document of that kind. (4) Where a document is a document referred to in peragraph (1) (c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under subsection (2) in respect of the document shail identify that part or those part; of the document as containing the matter-by reason of which the certificate is given. (5) In this section, any reference to “Cabinet” shall be read as ® including a reference to a committee of the Cabinet. Documents 26. (1) Adocument isan exempt document if disclosure of the affecting national document under this Act would be contrary to the public interest for the security, defence and intemational reason that the disclosure relations {a) would prejudice the security, defence or international relations of Saint Vincent and the Grenadines; (b) would divulge any information or matter communicated in confidence by or on behalf of the Lou t! wi 19 No. Freedom of Information 2003 Government of another country to the Government of Saint Vincent and the Grenadines. (2) Where a responsible Minister is satisfied that the disclosure under this Act of a document would be contrary to the public interest for a reason referred to in subsection (1), he may sign a certificate to that effect and such a certificate, so long as it remains in force, shall establish conclusively that the document is an exempt document referred to in subsection (1). (3) Where a responsible Minister is satisfied as mentioned in subsection (2) by reason only of the matter contained in a particular part or particular parts of a document, a certificate under that subsection in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

27. A document is an exempt document if its disclosure under this Documents Act would, or would be reasonably likely to affecting enforcement or (a) prejudice the investigation of'a breach or possible breach administration of the law of the law or the enforcement or proper administration of the law in a particular instance; (b) prejudice the fair trial ofa person or the impartial adjudication of a particular case before a court of law or a tribunal established by law; (c) disclose, or enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of the law; (d) disclose methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of breaches or evasions of the law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement. 48 ms) 20 No. Freedom of Information 2003 “ ate Documents 28. (1) A document is an exempt document if it is of such a nature affecting legal that it would be privileged from production in legal proceedings on the proceedings or subject to legal ground of legal professional privilege. professional privilege (2) A document of the kind referred to in section 8 (1) is not an exempt document by virtue of subsection (1) by reason only of the inclusion in the document of matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in section 8 (1). Documents to 29. A document is an exempt document ifit is a document to whicha which secrecy prescribed provision of an enactment, being a provision prohibiting or provisons apply restricting disclosure of the document or of information or other matter contained in the document, applies. Documents 30. (1) A document is an exempt document if its disclosure under affecting personal this Act would involve the unreasonable disclosure of personal information privacy of any individual (including a deceased individual). (2) Subject to subsection (4), the provisions of subsection (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of matters relating to that person, (3) Where a request by a person other than a person referred to in subsection (2) is made to a public authority for access to a document containing personal information of any individual (including a deceased individual) and the public authority decides to grant access to the document, the public authority shall, if practicable, notify the individual who is the subject of that information (or in the case of a deceased individual, that individual’s next-of-kin) of the decision and of the right to apply to the High Court for judicial review of the decision and the time within which the application for review is required to be made. Documents 31. (1) A document is an exempt document if its disclosure under relating to trade this Act would disclose: secrets, business affairs ete. (a) trade secrets; (bo) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information - were disclosed; or et KON al 21 No. Freedom of Information 2003 (c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs . of an undertaking, being information () the disclosure of which would, or could reasonably be expected to, unreasonably a ffect that person adversely in respect of his or her lawful business or professional affairs or that undertaking in respect ofits lawful business, commercial or financial affairs; or (ii) the disclosure of the information under this Act would be contrary to public interest by reason that the disclosure would be reasonably likely to prejudice the ability of the Government or a public . authority to obtain similar information in the future for the purpose of administration of the law. (2) The provisions of subsection (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of information concerning (a) the business or professional affairs of that person; or (b) the business, commercial or financial a ffairs of an undertaking of which that person, ora person on behalf that person made the request, is the proprietor.

32. (1) A document is an exempt document if its disclosure under Documents this Act would be contrary to the public interest by reason that it would be affecting reasonably likely to have a substantial adverse effect on the national national economy. economy (2) The kinds of documents to which subsection (1) may apply include but are not restricted to, documents containing information relating to (a) currency or exchange rates; mi) 22 Freedom of Infomnation 2003 a) (b) interest rates; (c) taxes, including duties of customs or of excise: a (d) the regulation or supervision of banking, insurance and other financial institutions; (e) proposals for expenditure; (f) foreign investment in Saint Vincent and the Grenadines (g) borrowings by the Government. Documents 33. (1) A document is an exempt document if its disclosure under containing this Act would divulge any information or matter communicated in material obtained in confidence confidence by or on behalf ofa person or a government to a public authority, and (a) the information would be exempt information if it were generated by a public authority; or (b) the disclosure of the information under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair tke ability ofa public authority to obtain similar information in the future. (2) This section does not apply to information (a) acquired by a public authority froma business, commercial or financial undertaking; and (b) that relates to trade secrets or other matters of a business, commercial or financial nature. ap Documents 34. A document is an exempt document if public disclosure of the PDT disclosure of document would, apart form this Act and any immunity of the state which would be contempt of court or contempt of Parliament (a) be in contempt of court; (b) be contrary to an order made or given by a commission or by a tribunal or other person or body havirg power to take evidence on oath; . one y x ti 4a 23 No. Freedom of Information 2003 (c) infringe the privileges of Parliament.

35. Notwithstanding any law to the contrary, a public authority shall give access to an exempt document where there is reasonable evidence Disclosure of exempt that significant document in the public interest (a) abuse of authority or neglectin the performance of official duty; (b) injustice to an individual; (c) danger to the health or safety of an individual or of the public; or (d) unauthorised use of public funds; has or is likely to have occurred or in the circumstances giving access to the document is justified in the public interest having regard both to any benefit and to any damage that may arise from doing so.

36. (1) The Minister may, in consultation with a public authority, by Duty of order, declare a document to which sections 25 to 35 are not applicable, to authorities be an exempt document for the purposes of this Act on the grounds of to actin good faith national interest. (2) Inconsidering whether or not to claim exemption under this Part, the public authority shall act in good faith and use its best endeavours to achieve the object of this Act to afford to members of the public maximum access to official documents consistent with national or public interest. PARTV MISCELLANEOUS

37. (1) Where access has been given to a document and Protection against actions for defamation {a) the access was required by this Act to be given; or or breach of confidence (b) the access was authorised by an officer having authority, in accordance with section 23, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given, mS 24 No. Freedom of Information 2003 a no action for defamation or breach of confidence shall lie by reason of the iay authorising or giving of the access, against the Government or a public Ma . authority or against the officer who authorised the access or any person who gave the access, 2) The giving of access to a document (including an exempt document) in consequence ofa request shall not be taken, for the purposes of the law relating to defamation or breach of confidence, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the access was given. Protection in 38. Where access has been given to a document and respect of offences (a) the access was required by this Act to be given; or (b) the access was authorised by a Minister or by an officer having authority, in accordance with section 23, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given, neither the person authorising the access nor any person concermed in the giving of the access is guilty of a criminal offence by reason only of the authorising or giving of the access. Judicial review 39. (1) Any person aggrieved by a decision of a public authority under this Act may apply to the High Court for judicial review of the decision. (2) Notwithstanding any other law to the contrary, where an application for judicial review of a decision of a public authority under this Act is made under subsection (1), that application shall be héard and a) determined by a Judge in Chambers, unless the Court directs otherwise. tty (3) In this section “decision of a public authority” inchides the failure of a public authority to comply with provisions of this Act. am Report to 40. (1) The Minister shall, as soon as practicable after the Parliament thirty-first of December of each year, prepare a report on the operation of this Act during that year and cause a copy of the report to be laid before Parliament. Neer 25 No. Freedom of Information 2003 (2) Each responsible Minister shall, in relation to the public authorities within his portfolio, fumish to the Minister such information as he requires for the purposes of the preparation of any report under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section.

41. (1) The Minister may from time to time make or alter regulations Regulations for giving effect to the purposes of this Act and for prescribing anything required or authorised by this Act to be prescribed. (2) Notwithstanding the generality of subsection (1), regulations made under this section may prescribe (a) the fees in respect of access to documents (including the provision of copies or transcripts) in accordance with this Act; (b) the officers who may make decisions on behalf ofa public authority; {c) requirements concerning the firnishing of information and keeping of records for the purposes of section 40. (3) Allregulations made under this Act shall be laid before Parliament as soon as may be after the making thereof and shall be subject to negative resolution. 42, (1) A public authority shall maintain and preserve records or Preservation of cause to be maintained and preserved records in relation to its functions records and documents and a copy of all official documents which are created by it or which come at any time into its possession, custody or power for such period of time as may be prescribed. (2) A person who wilfully destroys or damages a record or document required to be maintained and preserved under subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years, Mek 2 26 No. Freedom of Information 2003 Whe ay aes (3) A person who knowingly destroys or damages a record or document which is required to be maintained and preserve:] under subsection (1) while a request for access to the record or document is pending commits an offence and is liable on summary conviction to a fine not exceeding eight thousand dollars or imprisonment for a term not exceeding three years. Non derogation 43, Nothing in this Aét shall be regarded as authorising from Privacy Act, any derogation from or non-compliance with any provision of the No. 18 of 2003 Privacy Act. Passed in the House of Assembly this 27th day of June, 2003. Pte be” Clerk of the House of Assembly (Ag.) me mi) ma