Government yesterday gazetted the Freedom of Information Bill, which seeks to repeal the Access to Information and Protection of Privacy Act (AIPPA).
The Bill, which seeks to give effect to Section 62 of the Constitution which provides for the right to access to information as enshrined in the Declaration of Rights, is part of the Second Republic’s efforts to fulfil the reform agenda aimed at seeing the country pursuing a new trajectory in its domestic and foreign policies.
The Bill sets out the procedure of access to information held by public institutions or information held by any person, which is necessary for exercise or protection of a right. It also sets out considerations for making available on a voluntary basis by entities, certain categories of information thereby removing the need for formal requests for such information.
It also sets out the scope of limitations on the right of access to information, the rights of third parties, the role of principle officers of entities and information officers in its implementation, procedures for internal and court appeals in respect to requests for access to information and the time limits within which these processes must be carried out.
It also sets out additional functions of the Human Rights Commission with respect to the right of access to information, which are to be exercised in the normal course of its role as the guardian of human rights.
Part Two of the Bill which deals with providing access to information, bestows in Clause 4, a duty on entities to maintain the information of entities in a manner that facilitates the exercise of the right to access information.
“Every responsible person or holder of a statutory office shall cause to be created, kept, organised and maintain information, in the interests of public accountability or in the exercise or protection of a right,” reads Clause 4 of the Bill.
Clause 5 of the Bill requires public entities, public commercial entities and holders of statutory bodies to disclose information which is in the interest of the public accountability and in the interest of protection of a right.State media
