Refusals of access to information

Under the Freedom of Information Act, a refusal is deemed to be:

1. The decision of a public authority to deny or defer access, in whole or in part, to a document that has been requested under the Act.
2. The failure of a public authority to give written notice of a decision on an FOIA request, within thirty (30) calendar days of having received the request.

Types of refusals

1. An authority may refuse to process an FOIA request for access to official documents if:

• It can be confirmed that a request for the same official documents was previously made by the current applicant; that any refusals of that request have been upheld by the High Court; and that there are no reasonable grounds for a repeat request.

• The work that would be involved in processing would “substantially and unreasonably” divert the authority from its other work. Before making such a determination, the designated officer must have tried to assist the applicant to complete a request that could be processed.

2. An authority may refuse to continue with the processing of a request if, having begun the exercise, it becomes evident that all of the documents being requested are exempt, and it is confirmed that the applicant will not accept edited copies (from which exempt portions have been deleted) of the documents.

3. Your request has also been refused if:

• The authority decides to defer access to documents because the information requested is to be presented to Parliament or released to the media.

• You do not receive a response to your application after thirty (30) calendar days from date it was received (stamped by the mail registry) by the authority for processing.

You are not obliged to provide reasons for requesting information.

Notification of a refusal

• The reason(s) for refusal. This should show the relationship between the specifics of your request and the legislation that supports the refusal.

• The name and designation of the person who has given the decision to refuse your application (the decision maker).

• Notification of your right to complain to the Ombudsman and/or apply to the High Court for judicial review of the refusal, and the time within which this application for review is to be made.