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

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