Introduction
The Freedom of Information Act of 1999 (FOIA) was assented to on November 4,
1999. It came into effect on February 20, 2001.
The Act is designed in support of the following tenets of governance:
Transparency
The public is entitled to a clear understanding of the work of all
public authorities. These authorities must accept that the public that
employs them is entitled to be kept informed about the work that they do, and
to be given access to their records.
Accountability
Greater transparency in the conduct of state affairs is directly linked to
increased accountability by public authorities and their employees - to each
other and their other stakeholders. Once the right of the public to scrutinize
the operations of public employees is enforceable, such officers may become
more conscious of their intended role, and of the implications of their working
practices and output.
Equality of Access
All persons are equally entitled to information about the conduct of state
affairs. This right "to equality of treatment from any public authority in
the exercise of any functions" is constitutionally guaranteed (Section 4
(d)). A guarantee of the right to access may also reduce feelings of
powerlessness in the face of bureaucratic anonymity.
Empowerment and Increased Participation
The Freedom of Information Act extends the opportunity for greater public input
in policy creation at all levels of government. Members of the public must
accept responsibility for seeking out information. Once acquired, such data can
provide insight into, and lay the groundwork for challenge and other meaningful
responses to, government's operations. |
The FOIA extends to all members of the public the right to seek access to
information about or in the possession of public authorities. The Act is
designed to achieve this object in two ways. First, Sections 7, 8 and 9 require
that information about the structure and operations of public authorities,
their policies, rules and practices, and the documents in their possession, be
published. Then, through Part III, the Act creates a right of access, with some
exemptions, to official documents held by public authorities.
Additional rights are also conferred through the FOIA. These include the right
of an individual to request corrections to personal information held by a
public authority; the right to be advised of reasons for refusals of FOIA
requests; and the right to challenge such decisions, by complaint to the
Ombudsman or through application for judicial review.
While the FOIA seeks to facilitate access to official documents held by a public
authority, it also recognises the confidential nature of some types of
material, and identifies certain exempt categories. Nonetheless, a public
authority must make exempt documents available if it has assessed that the
public interest would be served by their release.
Towards ensuring the availability of information held by public authorities, the
Act requires that each authority retain all records related to its own
functions and all official documents that it has created or come to possess
since the FOIA came into effect. Criminal liability is attached to the wilful
destruction of such records or documents. The Minister responsible to Parliament for the operation of the Act, and for
overseeing its implementation, is the Minister of Government who holds the
information portfolio. The FOIA requires that this Minister prepare and present
to Parliament an annual report on the operation of the Act. The Freedom of
Information Unit, established to monitor the operation of the Act and support
its implementation, is responsible for collating and assessing the data that
will form the basis of this Annual Report.
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