Transcript Access to Information Act 2002 A brief introduction

Access to Information Act 2002
A brief introduction
Carole Excell
Field Office Representative
Carter Center, Jamaica
“One's mind, once stretched by a
new idea, never regains its
original dimensions."
Oliver Wendell Holmes
What is a right to know?
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YOU HAVE THE RIGHT TO KNOW
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What you are drinking,
The quality of air that you are breathing,
Whether the water you are drinking or the
water you are bathing in is safe.
Right to gain access to information
contained in official documents,
Right to Know and the
Environment
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YOU HAVE THE RIGHT TO TO ASK
what is being done about the
pollution,solid waste, chemicals, the
food you eat
YOU HAVE THE RIGHT TO
PRESENT
your perspectives on government
decisions and be heard on it .
Access to Information Act
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What gives you this right?- The Access to
Information Act 2002
Passed in Parliament July 22, 2002.
Brought into effect January 4,2004
Covers entire public sector except Governor
General where uses powers and duties under
constitution, judges, Police and JDF in relation to
their intelligence gathering activities
The Act intends to promote a culture of openness
and accountability in public authorities
The right to access information
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Gives the public a general right of access to
documents held by public authorities subject to
qualified exemptions .
Objective of Act- give effect to fundamental
principles underlying the system of constitutional
democracy, namely—
(a) governmental accountability;
(b) transparency; and
(c) public participation in national decisionmaking
A new Right!!!
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The Act gives members of the public a
legal, enforceable right to:
Inspect, copy or hear official documents
held by Government bodies
Take action when the Government makes a
decision to refuse to grant access to a
document, defer the grant, or fail to grant
timely access to the document.
Is this new right important?
Why?
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This new right is important:Without a knowledgeable or informed citizenry,
citizens cannot understand, obtain or analyze the
decisions made by the Government on their
behalf,
They cannot ensure that government is held
accountable for decisions and policies made
about health, housing, education or the
environment and they cannot seek to
prevent or act against corruption or back
room deals.
International case studies
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An environmental group in British Colombia ,
Canada was concerned about the
Governments new policy to allow development
of commercial resorts within protected areas
and made requests for information relating to
the new policy. They were able to receive
information on the policy including the number
of parks that it was being applied to , types of
construction to be allowed including road
construction, lodges and air transport. The
documents revealed the governments
concerns about public consultation
Information was however denied on the
How have persons interested in the
environment used this new right?
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A student working in a law firm want to know
how many persons were prosecuted for
fisheries offences and the results and made a
request for this information from environmental
agency in Canada which enabled a
understanding of the failure of the
Governments prosecution policy.
A journalist in Scotland requested and received
information on 32 alleged breaches of laws on
nature conservation, waste, fishing, sewage
treatment, farming and environmental
assessment for a report to present to the
What information can I ask for
under the Jamaican Act?
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Covers all information ‘held’,-map, plan, graph
or drawing photograph, disc, tape, sound
track or other device any film (including
microfilm), negative, tape or other similar
device.
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Anyone can apply for information
All requests for information to be dealt within 30
calendar days
There is no exemption for embarrassment
Who does the Act apply to?
The Act currently applies to Government Ministries,
Executive Agencies and Departments, Statutory
Bodies, Parish Councils, wholly-owned Government
companies or those in which the Government has
more than 50% shares. However the Act may be
applied to ANY BODY OR ORGANIZATION
SPECIFIED BY ORDER which provides services of
a public nature which are essential to the welfare
of the Jamaican society.
Does the Act currently apply to all of
Government?
The Act currently applies to all
Government Public Authorities,
Companies and Agencies since July
5, 2005
How do I make a request under the Act?
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It is simple !!!
It can be made in writing ,telephone, fax or email.
Must include name and address of applicant
Must describe information requested
Can use a sample form
You do NOT have to give a reason for your request.
An Applicant is required to give some information about the
the document that will enable the Authority to be able to
identify it. You are not required to know the name of the
document or author .
Applications and Timelines
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Timelines are an extremely important requirement
under the Act
A public Authority must :
Inform you in writing that it has received an
application
Inform you within 30 days of receipt of the
Application whether or not the information will be
granted or refused or deferred or the period extended
and inform you of their reasons for this and your
rights of appeal.
This thirty days may be extended for an additional
thirty days where there is reasonable cause for such
an extension.
Applications and Timelines
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TRANSFERS -A public authority may transfer an
application if it believes the document is held by
another public authority or is more closely
connected to another authorities function.
The public authority receiving the transferred
application has 30 days after the receipt of the
application to make a determination. A transfer
must be made within 14 days of receipt of the
application.
No more than 3 transfers are allowed under the
Act unless agreed by the applicant
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What information or document are exempt
under the Act?(s.14-23)
Information is made exempt under the Act
to protect essential public interests or the
private/business affairs of others.
Documents are exempt from disclosure if
They would prejudice security, defense, or
international relations;
Contain information from a foreign
government communicated in confidence;
Cabinet submission or a Cabinet Decision or
record of any deliberation of the Cabinet
(except for factual information);.
What information or document are exempt under the
Act?(s.14-23)
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The document would
Endanger or could reasonably expected to endanger
lives, prejudice investigations, or reveal methods or
sources or
Are subject to legal privilege or would be a breach of
confidence, contempt of court or infringe the
privileges of Parliament,
Contains opinions, advice or recommendations or a
record of consultations or deliberations for Cabinet
Harm the national economy;
What information or document are exempt
under the Act? (s.14-23)
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If the document:Would reveal trade secrets or other confidential
commercial information;
Could be expected to result in damage,
destruction, or interference with historical sites,
national monuments or endangered species if the
release is not in the public interest;
Is relating to the personal affairs of any person
alive or dead
Can exempt documents be made available?
(s.14-23)
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Most of the exemptions are qualified exemptions,
while some include a public interest test.
The exemption of an official document or part
thereof from disclosure does not apply after the
document has been in existence for twenty years,
Parts of the document which contain exempt
material can be deleted and the rest of the
document revealed
Internal Review and Appeals
(s.29-32)
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You have the right to Internal Review or the right
to Appeal on the following grounds:
refusal of a grant of access
the grant of access to only some of the documents
requested
deferral of the grant of access
refusal to amend or annotate a personal record
the charging of, or amount of a fee (no right of
appeal only review)
Internal Reviews and Appeals
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Conducted by the responsible Minister,Permanent
Secretary or the principal officer of the Authority
An application for internal review must be made
within thirty days after the date of notification of
the decision or if no decision is received within
30 days.
Internal Reviews and Appeals
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Appeal to an Appeals Tribunal after a decision on
internal review or if they have received no
response from the Public Authority or in any
other case where there is a refusal
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An appeal shall be made within sixty days after
the date of the notification.
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The onus of proving that the relevant decision
was justified is on the Public Authority
Costs
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Costs have been harmonized across
Government
These fees may be waived, reduced or
remitted by the responsible Minister on
application
Offences and penalties
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A person commits an offence, if he—
(a) alters or defaces;
(b) blocks or erases;
(c) destroys; or
(d) conceals,
the document with the intention of preventing its
disclosure.
Maximum fine five hundred thousand dollars or to
imprisonment.
The Official Secrets Act shall apply in relation to
the grant of access to an official document in
contravention of this Act
Thank you for your kind attention!!
“ It’s a terrible weakness to believe that if you’ve
got a problem all you have to do is pass a law.It
may be important to pass the law and observe
it;but even more important in the long run is the
active concern of the private citizen for the values
involved”
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Kingman Brewester Dallas Times Herald June 15, 1972