Further, these provisions are susceptible to abuse thereby restricting access to
crucial
information
that
citizens
need
from
government
officials
for
accountability purposes and to encourage increased public participation and
discussion. This Act has been used on several occasions by the executive to
stop scrutiny of state action by the courts. There is no stipulated procedure for
the circumstances in which this can be done, and how it is to be tested by an
independent authority and therefore can be subject to abuse by authorities not
wishing to have their unlawful actions scrutinised. This piece of legislation can
easily be abused to restrict access to artistic material on the ground that an
artist has access to official secrets.
1.5.5 Access to Information and Protection of Privacy Act [Chapter 10:27]
This Act was enacted by the legislature to –
provide members of the public with a right of access to records and information held by public
bodies; to make public bodies accountable by giving the public a right to request correction of
misrepresented personal information; to prevent the unauthorised collection, use or disclosure
of personal information by public bodies.
As previously stated, this is another example of constitutional legislation
enacted to give effect to the predecessor of Section 62 of the current
Information Act – the right to access to information.44 According to the Act,
information can be provided on payment of a fee.45 The Act also lays down
categories of information that cannot be accessed. This includes client attorney
privileged information, information that will be harmful to law enforcement
process and national security, information relating to inter-governmental
relations for negotiations, information relating to the financial or economic
interests of public body or the state, research information, information relating
to business interests of a third party, information relating to personal privacy.
The Act guarantees and facilitates access to information, while some sections
unnecessarily restrict access to information. There is need to ensure, when
amending this legislation, that provisions are made to allow for civic education
44
45
Section 5 of the Access to Information Act 2002
Section 7 (a) & (b) Access to Information Act
31 | P a g e
Select target paragraph3
Add to table of contents