Freedom of Information
Introduction Click here for Application Form
The Freedom of Information Act 1999 commenced on 30 April 2001 and 30 June for Parts II and Parts III and IV respectively. It gives people the right to be provided with information held by public authorities unless the information is exempt from release. Prior to the Act the release of information was largely at the discretion of the agency. Public authorities include the Municipal Corporations, the regional health authorities and any corporation in which the government has a controlling interest.
In particular, you now have a right of access to information about your personal affairs and you may have the records amended if the information about you is incorrect, incomplete, out of date or misleading.
If information is refused there is a right of review by the Ombudsman or the High Court by way of judicial review under the Judicial Review Act 2000.
Contents
This document is arranged to help you to understand the process of making a request under the FOI Act.
Exempt information
How to Apply for Information
What Information Can I Request?
Information about your personal affairs of any age can be sought. Otherwise you have a right of access only to information which came into an agency’s records after 1 January 1988.
Information may be in the form of written records, or be stored on computer, or be maps, graphs, photographs and the like.
You will not normally be able to use FOI to access information which can be purchased from a public authority or available for inspection at the public authority.
How Can I Make a Request?
- Your
request must be in writing and contain sufficient details to enable an agency
to identify the information required.
- Your
request should also be signed and dated and give a postal address and a
contact telephone number if possible.
- You should also state whether you simply wish to inspect the documents or wish to have a copy supplied to you.
- Application forms are available from all public authorities FOI Unit located at Kent House, Maraval.
Where to Send the Request?
The Act applies to all public authorities which includes ministries, municipal corporations, statutory corporations and companies in which the government has a controlling interest. It also applies to a range of statutory authorities and bodies. You contact person in each public authority is called a Designated officer.
Send the request to the public authority which is believed to have the information. If you are not sure if a public authority holds the required information, you can ask the public authority to provide general details of its records.
The request may be lodged at any office of the public authority or be sent directly to the Designated officer or head of that public authority.
If the information is jointly held by public authorities, a public authority may transfer your request to the public authority best able to deal with it. You will be notified of the appropriate public authority to which your request has been transferred.
If you are not sure where to sent your request, or whether a body comes under the Act, the FOI Unit may be able to help you.
Provisions of Information
If you are granted access to the information you may:
- Inspect the records;
- Receive a photocopy or transcript;
- View or hear the information.
Will I Have to Pay?
There is no fee for making an application
The Act and regulations provide for a standard scale of charges to be paid by an applicant in the event copies of requested documents are provided. In summary these charges are:
- Per hour for the time taken by the agency to find the record containing the information.
- Per hour for supervising your inspection of any material to which access is given.
- For each page for non-coloured A4 pages of photocopy.
- Per page for supplying written transcripts.
- Other reasonable costs.
When Must I Pay?
You are required to pay after informing the public authority you desire hard copies but before receipt
Can Charges be Reduced?
In certain circumstances charges may be reduced or waived altogether. For example:
- If you are in receipt of a government benefit such as a pension.
- If you are requesting only personal information about yourself.
Decisions
Normally you will be notified of the decision about your request as soon as practicable and within 30 days of the public authority receiving your request.
If your request is partially or fully refused, you will be sent a notice giving reasons for the decision and advising you of your review rights.
Personal Information
An important feature of the FOI Act is that you have access to your personal information held by agencies, you can ensure it is correct and your personal privacy is protected by restrictions on the release of information about your personal affairs to other persons.
Where a person is deceased, the next of kin has the right to obtain, amend or be consulted about information relating to the deceased person’s affairs.
You are entitled to information of any age held by an agency if it relates to your personal affairs.
How Do I Apply For My Personal Information?
A request for personal information is made in the same way as requests for other information.
Personal Privacy
Everyone has a right to personal privacy. The FOI Act has an exemption which prevents the unreasonable disclosure of information relating to the personal affairs of another person. If someone requests information about your personal affairs, you will be consulted if at all possible. You will be notified and have the right to appeal against a decision to release your information.
Amending Personal Information
How Can I Amend My Personal Information?
If you believe that information held by a public authority about your personal affairs is incorrect, incomplete, out of date or misleading, you may request amendment of the information.
There are no charges for amending personal information.
A request to amend information must:
- Be in writing;
- Give an address for notice;
- Give details of the information which you believe is incorrect, incomplete, out of date or misleading;
- Specify the amendments you want made.
You should also supply evidence to back up your request.
The public authority can amend your information by altering the information or by adding a notation.
Appealing Against a Decision – Reviews
If you are dissatisfied with a decision made by an agency or a Minister in relation to your FOI request, then you are entitled to have the decision reviewed. The FOI Act uses the term “review” rather than “appeal”.
What Decisions Can Be Reviewed?
You can ask for a review of any of the following decisions:
- The material which the public authority puts in the public domain in accordance with sections 7, 8 or 9 of the Freedom of Information Act.
- The agency’s refusal to grant access to all or part of the information;
- The agency’s refusal to amend personal information which it holds about you.
You can also ask for a review of any decision made to provide information about your personal affairs (or business information in the case of an undertaking) to another person.
Review
How Do I Seek A Review?
Once you have been notified of the public authority’s decision, you have a right of review either to the High Court or to the Ombudsman.
You are entitled to appeal to the Ombudsman against any decision made in relation to your request.
You should apply to the Ombudsman in writing no later than 21 days after receiving the decision of the Minister or person authorized by Regulation, to make that decision.
The Ombudsman will make a decision on your application within 30 days. This period may be extended if you agree to such an extension.
You may also appeal to the High Court for judicial review under the Judicial Review Act, 2000. Generally an application for judicial review will be heard by a judge in chambers.
Exempt Information
What are the Ombudsman’s Powers?
The Ombudsman will reconsider the agency’s decision in accordance with the Freedom of Information Act. He is bound by the Act, but may nevertheless come to a different conclusion than the agency.
For example, he may decide that although the information you request is confidential it is not exempt because it would be in the public interest to release it.
In coming to his decision, the Ombudsman has wide powers to view the information held by the agency. The agency or public authorities are required to consider the recommendations of the Ombudsman and where practicable implement the recommendations.
What Information Will Not Be Available?
Some of the information held by government must remain confidential, for example:
- Information affecting the State’s law enforcement capability;
- Information affecting the personal privacy of a person; or
- Information which could place a business at a competitive disadvantage.
Further Information
For further information about FOI contact:
The Director
Freedom of Information Monitoring Unit
Kent House
Maraval
Port of Spain
Facsimile Telephone:
Free call: 1 800 001 170
Fax:
E-mail:
Click here to view the Freedom of Information Act. Copies of the Act and the Freedom of Information (Fees) Regulations can be purchased from:
Government Bookshop
The FOI Unit does not handle specific requests. These should be directed to the public authority which you believe holds the information you require.
Application for Information – Freedom of Information Act – 1999
FREEDOM OF
INFORMATION ACT 1999
Who may use this form – Any person, whether resident in Trinidad and Tobago or not, may request access to information which is held by a Ministry, Statutory Authority, Government Business Enterprise Minister or Municipal Corporation.
Where to send this form – Send to the organisation which you believe has the information you require access to.
APPLICANT DETAILS
Title:
Surname:
Given Names:
Postal Address in Trinidad and Tobago:
Telephone:
REQUEST DETAILS
Name of public authority that possesses the information:
(Please tick
appropriate box)
Does the request relate to your own personal affairs?
Yes 
No
If “Yes”, what is your date of birth? …………………………………………
Do you wish only to inspect the document(s)?
Yes
No 
OR
Do you wish to be supplied with a copy of the document(s)?
Yes
No
Please give sufficient details of the information requested such that the public authority will be able to identify the information:
|
|
(Please tick
appropriate box)
If you are entitled to only part of he information requested, do you wish to be provided with that part?
Yes
No
(If you are unable to complete any section please contact the Designated Officer at the public authority or the FOI Unit, Kent House, Maraval.)
I understand that a charge may be made for the reasonable costs incurred in supplying a copy of the information or for making arrangements to view a record or for providing a written transcript of information or for supervising inspection of any material. (Fees may be reduced or waived under certain circumstances. If you think you may be eligible please contact the Designated Officer in the public authority to which you are applying).
Applicant’s Signature: ………………………………………… Date:……………………………………