The Freedom of Information Act Chapter 22:02 (the "FOIA") was passed by an Act of Parliament No. 26 of 1999. Following the introduction of this transformative piece of legislation, the Freedom of Information Unit (the "FOIU") was founded in 2001 to monitor, advise, undertake training and report on compliance of Public Authorities with the FOIA.
Part III of the FOIA deals with the Right of Access to Information. It gives anyone affected by a public body’s action the right to know the reasons for that action and to be informed of any key findings related to it. Part III, Section 13(1) of the FOIA states:
"A person who wishes to obtain access to an official document shall make a request in the form set out in the Schedule, to the relevant public authority for access to the document".
This form, titled the Request For Access to Official Document(s), is the formal application under the FOIA.
In this article, the process through which an application under the Freedom of Information Act is made will be examined in detail and considerations stemming from the submission of this application will be discussed.
The Request for Access to Official Document(s) form consists of the following sections:
- Name of Public Authority: Ensure that in completing the application the correct public authority is recorded.
- Name of Applicant: Ensure correct spelling is used.
- Address of Applicant: Ensure the address recorded is correct.
- Telephone Number of Applicant: The applicant must ensure that they can be reached at the number that is recorded on the application.
- Document Number (No.), Description of Document(s) Requested and Form of Access: The document(s) that are being requested should be clearly identified along with information that would enable an officer/employee of the public authority who is familiar with the relevant documents, to identify the document(s) requested with reasonable effort.
- Assuming that all documents requested are exempt documents, give the Doc. No. of the documents described above of which you would like to have access to an edited version, if possible: Part IV of the FOIA provides further details on the categories of documents that are exempt from the general rule of access. Some include Cabinet documents, internal working documents, documents affecting the economy and commercial affairs as well as documents affecting personal privacy.
Lastly, the application form must be dated and signed prior to submission. Section 17 of the FOIA enables persons to make such applications free-of-charge. However, where access to a document is to be given in the form of a copy (printed or otherwise), that may require the applicant to pay a fee.
Section 15 of the FOIA prescribes a time limit for determining applications. The section gives the relevant public authority a thirty (30) day period for an official response following receipt of an application. Therefore, the public authority must decide whether to approve or refuse access to the information requested and notify the applicant in writing of its decision within the 30-day period.
In the event that the public authority refuses the application, Section 23 of the FOIA mandates that the public authority must provide reasons for such denial and that they must inform the applicant of their right to approach the Ombudsman (Section 38A of the FOIA) or to apply to the High Court for Judicial Review (Section 39 of the FOIA). A failure on the public authority's behalf to provide a written notice of their decision on the request may also be regarded as a refusal.
An applicant may complain in writing to the Ombudsman within twenty-one (21) days of receiving notice of a refusal. The Ombudsman will examine the document(s) requested (provided they exist) and thereafter, make recommendations to the public authority on the granting of access to the documents within thirty (30) days of receiving the applicant's written complaint.
Meanwhile, applications to the High Court for Judicial Review of a refusal must be made within three (3) months of receiving a written notification of the decision.
It should be noted that although an application may have been approved by the public authority, this does not guarantee unlimited access to the information. Under Section 12 of the FOIA, an applicant is not entitled to the following documents:
- Documents with information that is open to public access where following the submission of a required fee or charge;
- A document that is available for purchase by the public;
- A document that is available for public inspection in a registry maintained by the Registrar General or other public authority; and
- A document that is a duplicate of a document of a public authority which is stored for preservation or safe custody.
Additionally, an applicant does not have a right of access to the exempted documents mentioned throughout Part IV. However, Section 35 of the FOIA allows for the disclosure of an exempt document in the public interest provided the relevant grounds are met. Further, exempted information may also be redacted from the document before access is granted.
Submitted By:
Isaiah Ferguson
Attorney at Law
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
This article is not legal advice. Consult an Attorney for legal issues
