Access to Information

Section 9(1) of the ATI Act provides that a person who desires to obtain any information shall make a request to the Information Officer of the public body. If an application is made to a public body requesting information which is held by another public body or the subject matter of which is more closely connected with the functions of another public body, the public body to which the application is made shall transfer the application to that other public body known to hold such information.

“Personal Information” is information or opinion (including information forming part of a database), whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

“Third Party Information” means personal information or commercial and confidential information of a third party.

In the normal course, the Information Officer of the public body shall supply information to an applicant within 21 days from the receipt of the application. If the information sought concerns the life or liberty of a person, it shall be supplied within 48 hours.

Review applications must be submitted to the Head of the information holder. Decision from Head of the Information Holder shall be given within 15 days.

An Information Officer may refuse a request for information if it contains —

1. trade secrets of the information holder or a third party; or
2. Information about the information holder or a third party that would substantially prejudice a legitimate commercial or financial interest of the information holder or third party.

A request may not be refused where —

1. the disclosure of the information would facilitate accountability and transparency of decisions taken by the information holder;
2. the information relates to the expenditure of public funds;
3. the disclosure of the information would reveal misconduct or deception;
4. the third party consents to the disclosure; or
5. the information is in the public domain.

An Information Officer may refuse to grant access to information if such access would cause substantial prejudice to the security or defence of the state, where “security or defence of the state” means—

1. military tactics or strategy or military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention, suppression, or curtailment of subversive or hostile activities;
2. intelligence relating to —
   1. the defence of the state; or
   2. the detection, prevention, suppression or curtailment of subversive or hostile activities;
3. methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (b);
4. the identity of a confidential source; or
5. the quantity, characteristics, capabilities, vulnerabilities or deployment of anything being designed, developed, produced or considered for use as weapons or such other equipment, excluding nuclear weapons.

“Subversive or hostile activities here means”:

1. an attack against the state by a foreign element;
2. acts of sabotage or terrorism aimed at the people of the state or a strategic asset of the state, whether inside or outside the state; or
3. a foreign or hostile intelligence operation.

An Information Officer may refuse to grant access to information:

1. supplied by or on behalf of the state to another state or an international organisation in terms of an international agreement with that state or organisation which requires the information to be held in confidence;
2. required to be held in confidence by international law;
3. on the positions adopted or to be adopted by the state, another state or an international organisation for the purpose of present or future international negotiations; or
4. that constitutes diplomatic correspondence exchanges with another state or with an international organisation or official correspondence exchanges with diplomatic missions or consular posts of the country,

If the release of the information would cause substantial prejudice to the international relations of the state.

An Information Officer may refuse to grant access to information if the disclosure of such information would cause serious prejudice to the economy of the state by disclosing prematurely decisions to change or continue economic or financial policy relating to:

1. exchange rates;
2. the regulation of banking or credit;
3. taxation;
4. the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or
5. the entering into of overseas trade agreements.

An Information Officer may refuse to grant access to information, if such access would cause prejudice to:

1. the prevention or detection of crime;
2. the apprehension or prosecution of offenders;
3. the administration of justice;
4. the assessment or collection of any tax or duty; or
5. endanger the security and life of an informant relating to a crime or investigation.

An Information Officer may refuse to grant access to information if it:

1. (a) consists of confidential communication between a medical practitioner and his or her patient;
2. (b) consists of confidential communication between a lawyer and his or her client;
3. (c) consists of confidential communication between a journalist and his or her source; or
4. (d) would otherwise be privileged from production in legal proceedings,
5. (e) Unless the patient, client, source or person, as the case may be, entitled to the privilege consents to the release or has waived the privilege.

An Information Officer may refuse a request for information relating to an academic or professional examination or recruitment or selection process prior to the completion of that examination or recruitment or selection process if the release of the information is likely to jeopardise the integrity of that examination or recruitment or selection process.

Section 29 subsection (2) provides that Information referred to under subsection (1) shall be released on request after the academic or professional examination or recruitment or selection process has been completed.