THE FREEDOM OF INFORMATION
ACT, 1999
Arrangement of Sections
PART I
PRELIMINARY
Section
1.
Short
title
2.
Commencement
3.
Object
of Act
4.
Interpretation
5.
Non-application
of Act
6.
Act
binds the State
PART II
PUBLICATION OF CERTAIN
DOCUMENTS AND INFORMATION
7.
Publication
of information concerning functions, etc., of public authorities
8.
Certain
documents to be available for inspection and purchase
9.
Statement
of possession of certain documents to be published
10. Notice requiring to specify
a document in the statement
PART III
RIGHT OF ACCESS TO
INFORMATION
11. Right of access
12. Access procedure not to
apply to certain documents
13. Requests for access
14. Duty to assist applicants
15. Time-limit for determining
requests
16. Giving of access and
deletion of exempt information
17. Fees for access to documents
18. Forms of access
19. Deferment of access
20. Repeated requests
21. Requests may be refused in
certain areas
22. Decision to be made by
authorised person
23. Reasons to be given for
deferment or refusal
PART IV
EXEMPT DOCUMENTS
24. Cabinet documents
25. Defence and security
documents
26. International relations
documents
27. Internal working documents
28. Law enforcement documents
29. Documents affecting legal
proceedings or subject to legal professional privilege
30. Documents affecting personal
privacy
31. Documents relating to trade
secrets
32. Documents containing
material obtained in confidence
33. Documents affecting the
economy, commercial affairs and certain documents concerning operations of
public authorities
34. Documents to which secrecy
provisions apply
35. Disclosure of exempt
document in the public interest
PART V
MISCELLANEOUS
36. Correction of personal
information
37. Broadcasting materials
38. Protection against action
for defamation
39. Judicial review
40. Report to Parliament
41. Regulations
SCHEDULE
Legal
Supplement Part A to be "Trinidad and Tobago Gazette", Vol. 38
No.
206, 5th November, 1999
Fifth Session Fifth
Parliament Republic of Trinidad and Tobago
REPUBLIC OF TRINIDAD AND
TOBAGO
ACT NO. 26 OF 1999
[L.
S.]
AN
ACT to give members of the public a general right (with exceptions) of access
to official documents of public authorities and for matters related thereto.
[Assented to 4th
November, 1999]
ENACTED
by the Parliament of Trinidad and Tobago as follows:-
PART I
PRELIMINARY
1.
This
Act may be cited as the Freedom of Information Act, 1999.
2.
This
Act comes into force on such date as is fixed by the President by Proclamation.
3.
(1)
The object of this Act is to extend the right of members of the public to
access to information in the possession of public authorities by -
(a)
making
available to the public information about the operations of public authorities
and, in particular, ensuring that the authorisations, policies, rules and
practices affecting members of the public in their dealings with public authorities
are readily available to persons affected by those authorisations policies,
rules and practices; and
(b)
creating
a general right of access to information in documentary form in the possession
of public authorities limited only by exceptions and exemptions necessary for
the protection of essential public interests and the private and business
affairs of persons in respect of whom information is collected and held by
public authorities.
(2)
The provisions of this Act shall be interpreted so as to further the object set
out in subsection (1) and any discretion conferred by this Act shall be
exercised as far as possible so as to facilitate and promote, promptly and at
the lowest reasonable cost, the disclosure of information.
4.
In
this Act -
"applicant"
means a person who has made a request in accordance with section 13;
"designated
officer", in relation to a pubic authority, means the person referred to
in section 7 (1)(a) (vi);
"document"
means information recorded in any form, whether printed or on tape or film or
by electronic means or otherwise and includes any map, diagram, photograph,
film, microfilm, video-tape, sound recording, or machine-readable record or any
record which is capable of being produced from a machine-readable record by
means of equipment or a programme (or a combination of both) which is used for
that purpose by the public authority which holds the record;
"exempt
document" means a document referred to in Part IV;
"exempt
information" means information the inclusion of which in a document causes
the document to be an exempt document;
"Minister"
means the Minister of Government to whom responsibility for information is
assigned;
"official
document" means a document held by a public authority in connection with
its functions as such, whether or not it was created by that authority, and
whether or not it was created before the commencement of this Act and, for the
purposes of this definition, a document is held by a public authority if it is
in its possession, custody or power;
"personal
information" means information about an individual, including -
(a)
information
relating to the race, national or ethnic origin, colour, religion, age, sex or
marital or family status of the individual;
(b)
information
relating to the education or the medical, psychiatric, psychological, criminal
or employment history of the individual or information relating to financial
transactions in which the individual has been involved;
(c)
any
identifying number, symbol or other particular assigned to the individual;
(d)
the
address, telephone number, fingerprints or blood type of the individual;
(e)
the
personal opinions or views of the individual except where they relate to
another individual;
(f)
correspondence
sent to a public authority by the individual that is implicitly or explicitly
of a private or confidential nature, and replies to that correspondence that
would reveal the contents of the original correspondence;
(g)
the
views or opinions of another individual about the individual; and
(h)
the
individual's name where it appears with other personal information relating to
the individual or where the disclosure of the name would reveal other personal
information about the individual;
"prescribed"
means prescribed by the Minister by regulations made under section 41;
"public
authority" means -
(a)
Parliament,
a Joint Select Committee of Parliament or a committee of either House of
Parliament;
(b)
subject
to section 5(2), the Court of Appeal, the High Court, the Industrial Court, the
Tax Appeal Board or a court of summary jurisdiction;
(c)
the
Cabinet as constituted under the Constitution;
(d)
a
Ministry or a department or division of a Ministry;
(e)
the
Tobago House of Assembly, the Executive Council of the Tobago House of Assembly
or a division of the Tobago House of Assembly;
(f)
a
municipal corporation established under the Municipal Corporations Act, 1990;
(g)
a
regional health authority established under the Regional Health Authorities
Act, 1994;
(h)
a
statutory body, responsibility for which is assigned to a Minster of Government;
(i)
a
company incorporated under the laws of the Republic of Trinidad and Tobago
which is owned or controlled by the State;
(j)
a
Service Commission established under the Constitution or other written law; or
(k)
a
body corporate or unincorporated entity -
(I)
in
relation to any function which it exercises on behalf of the State;
(II)
which
is established by virtue of the President's prerogative, by a Minister of
Government in his capacity as such or by another public authority; or
(III)
which
is supported, directly or indirectly, by Government funds and over which
Government is in a position to exercise control;
"responsible
Minister", in relation to a public authority means -
(a)
the
Minister of Government to whom responsibility for the public authority is
assigned; or
(b)
such
Minister of Government as the President may, by Order, declare to be the responsible
Minister of the public authority for the purposes of this Act;
"Tobago
House of Assembly" means the Tobago House of Assembly established under
the Constitution.
5.
(1)
This Act does not apply to -
(a)
the
President;
(b)
a
commission of inquiry issued by the President; or
(c)
such
public authority or function of a public authority as the President may, by
Order subject to negative resolution of Parliament, determine.
(2)
For the purposes of this Act -
(a)
in
relation to its or his judicial functions, a court or the holder of a judicial
office or other office pertaining to a court in his capacity as the holder of
that office, shall not be regarded as a public authority;
(b)
a
registry or other office of Court Administration, and the staff of such a
registry or other office of Court Administration in their capacity as members
of that staff in relation to those matters which relate to Court
administration, shall be regarded as part of a public authority.
6.
This
Act binds the State.
PART II
PUBLICATION OF CERTAIN
DOCUMENTS AND INFORMATION
7.
(1)
a PUBLIC AUTHORITY SHALL, WITH THE APPROVAL OF THE minister -
(a)
cause
to be published in the Gazette and in a daily newspaper circulating in Trinidad
and Tobago as soon as practicable after the commencement of this Act -
(I)
a
statement setting out the particulars of the organisation and functions of the
public authority, indicating, as far as practicable, the decision-making powers
and other powers affecting members of the public that are involved in those
functions and particulars of any arrangement that exists for consultation with,
or representation by, members of the public in relation to the formulation of
policy in, or the administration of, the public authority;
(II)
a
statement of the categories of documents that are maintained in the possession
of the public authority;
(III)
a
statement of the material that has been prepared by the public authority under
this Part for publication or inspection by members of the public, and the
places at which as person may inspect or obtain that material;
(IV)
a
statement listing the literature available by way of subscription services;
(V)
a
statement of the procedure to be followed by a person when a request for access
to a document is made to a public authority;
(VI)
a
statement specifying the officer responsible within each public authority for
the initial receipt of, and action upon, notices under section 10, requests for
access to documents under section 13 and applications under section 36;
(VII)
a
statement listing all boards, councils, committees and other bodies constituted
by two or more persons, that are part of, or that have been established for the
purpose of advising, the public authority, and whose meetings are open to the
public, or the minutes of whose meetings are available for public inspection;
(VIII)
if
the public authority maintains a library or reading room that is available for
public use, a statement of that fact including details of the address and hours
of opening of the library or reading room; and
(b)
during
the year commencing on 1st January next following the publication,
in respect of a public authority, of the statements under paragraph (a) that
are the statements first published under that paragraph, and during each
succeeding year, cause to be published in the Gazette and in a daily newspaper
circulating in Trinidad and Tobago statements bringing up to date the
information contained in the previous statements.
(2)
Nothing in this section requires the publication of exempt information.
(3)
Where a public authority is created on or after the commencement of this Act,
the public authority shall comply with subsection (1), as soon as practicable
after its creation.
(4)
Where a statement has not been published in accordance with subsection (1), the
Minister shall promptly give reasons, to be published in the Gazette, for the
failure to publish.
8.
(1)
This section applies to documents that are provided by a public authority for
the use or guidance of the public authority or its officers -
(a)
in
making decisions or recommendations, or in providing advice to persons outside
the public authority, with respect to rights, privileges, benefits,
obligations, penalties or other detriments, being -
(I)
documents
containing interpretations or particulars of written laws or schemes
administered by the public authority, not being particulars contained in
another written law; or
(II)
manuals,
rules or procedure, statements of policy, records of decisions, letters of
advice to persons outside the public authority, or similar documents containing
rules, policies, guidelines, practices or precedents; and
(b)
in
enforcing written laws or schemes administered by the public authority where a
member of the public might be directly affected by that enforcement, being
documents containing information on the procedures to be employed or the
objectives to be pursued in the enforcement of, the written laws or schemes.
(2)
A public authority shall -
(a)
as
soon as practicable after the commencement of this Act -
(I)
cause
copies of all documents to which this section applies in respect of the public
authority to be made available for inspection and for purchase by members of
the public; and
(II)
with
the approval of the Minister, cause to be published in the Gazette and in a
daily newspaper circulating in Trinidad and Tobago, a statement (which may be
in the form of an index) specifying the documents that are, at the time of
preparation of ht statement, so available and the place or places where copies
may be inspected and may be purchased; and
(c)
during
twelve months after the publication of the first statement under paragraph (a)
and thereafter at intervals of twelve months, with the approval of the Minister
cause to be published in the Gazette and in a daily Trinidad newspaper
circulating in Trinidad and Tobago, statements bringing up to date the
information contained in the previous statement or statements.
(3)
This section does not require a document of the kind referred to in subsection
(1) containing exempt information to be made available in accordance with
subsection (2), but, if such document is not so made available, the public
authority shall, except impracticable, cause to be prepared a corresponding
document, altered only to the extent necessary to exclude the exempt
information, and cause the document so prepared to be dealt with in accordance
with subsection (2).
(4)
A document from which exempt information has been excluded in accordance with
subsection (3) shall indicate, to the extent practicable without exempt
information being disclosed, the nature of the information excluded.
(5)
Notwithstanding that a document of the kind referred to in subsection (1) is an
exempt document, if the fact of the existence of that document can be published
in accordance with subsection (2)(a)(II) without exempt information being
disclosed, the public authority shall cause that fact to be published.
(6)
A public authority that comes into existence on or after the commencement of
this Act shall comply -
(a)
with
the provisions of subsection (2)(a) as soon as practicable after the day on
which it came into existence and not later than twelve months after that day;
and
(b)
with
the provisions of subsection (2)(b) as if the reference to "first
publication" in that subsection were a reference to first publication in
compliance with this subsection.
(9)
(1) This section applies, in respect of a public authority, to any document
that is -
(a)
a
report, or a statement containing the advice or recommendations, of a body or
entity established within the public authority;
(b)
a
report, or statement containing the advice or recommendations, of a body or
entity established outside the public authority by or under a written law, or
by a Minister of Government or other public authority for the purpose of
submitting a report or reports, providing advise or making recommendations to
the public authority or to the responsible Minister of that public authority;
(c)
a
report, or a statement containing the advice or recommendations, of an
inter-departmental Committee whose membership includes an officer of the public
authority;
(d)
a
report, or a statement containing the advice or recommendations, of a committee
established within the public authority to submit a report, provide advice or
make recommendations tot h responsible Minister of that public authority or to
another officer of the public authority who is not a member committee;
(e)
a
report (including a report concerning the results of studies, surveys or tests)
prepared for the public authority by a scientific or technical expert, whether
employed within the public authority or not, including a report expressing the
opinion of such an expert on scientific or technical matters;
(f)
a
report prepared for the public authority by a consultant who was paid for
preparing the report;
(g)
a
report prepared within the public authority and containing the results of
studies, surveys or tests carried out for the purpose of assessing, or making
recommendations on, the feasibility of establishing a new or proposed
Government policy, programme or project;
(h)
a
report on the performance or efficiency of the public authority, or of an office,
division or branch of the public authority, whether the report is of a general
nature or concerns a particular policy, programme or project administered by
the public authority;
(i)
a
report containing final plans or proposals for the re-organisation of the
functions of the public authority, the establishment of a new policy, programme
or project to be administered by the public authority, or the alteration of an
existing policy programme or project administered by the public authority,
whether or not the plans or proposals are subject to approval by an officer of
the public authority, another public authority, the responsible Minister of the
public authority or Cabinet;
(j)
a
statement prepared within the public authority and containing policy directions
for the drafting of legislation;
(k)
a
report of a test carried out within the public authority on a product for the
purpose of purchasing equipment;
(l)
an
environmental impact statement prepared within the public authority; and
(m)
a
valuation report prepared for the public authority by a valuator, whether or
not the valuator is an officer of the public authority.
(2)
A public authority shall, with the approval of the Minister -
(a)
cause
to be published in the Gazette and in a daily newspaper circulating in Trinidad
and Tobago as soon as practicable after the commencement of this Act, a
statement (which may take the form of an index) specifying the documents to
which this section applies which have been created since the date of
commencement of this Act and are in the possession of the public authority;
(b)
within
twelve months after publication of the statement required under paragraph (a)
and thereafter at intervals of twelve months, cause to be published in the
Gazette and in a daily newspaper circulating in Trinidad and Tobago, statements
brining up to date the information contained in the previous statement or
statements.
(3)
This section does not require a document of the kind referred to in subsection
(1) containing exempt information to be referred to in a statement published in
accordance with subsection (2)(a), if the fact of the existence of the document
cannot be referred to in the statement without exempt information being
disclosed.
(4)
A public authority that comes into existence on or after the commencement of this
Act shall comply -
(a)
with
the provisions of subsection (2)(a) as soon as practicable after the day on
which the public authority comes into existence and not later than twelve
months after that day; and
(b)
with
the provisions of subsection (2)(b) as if the reference to "first
publication" in that subsection were a reference to first publication in
compliance with this subsection.
10. (1) A person may serve upon
a public authority a notice in writing stating that, in the opinion of the
person a statement published by the public authority under section 8(2)(a) or
(b) or section 9(2)(a) or (b) does not specify a document as described in
section 8(1) or 9(1) that was required to be specified in the statement.
(2)
The public authority shall -
(a)
make
a decision within twenty-one days of receiving a notice and publish the
decision in relation to the document referred to in subsection (1), no later
than seven days thereafter in the Gazette;
(b)
cause
the person to be given notice in writing of its decision.
(3)
Where the decision is adverse to the person's claim, the notice shall -
(a)
state
the findings on any material questions of fact, referring to the material on
which those findings were based, and the reasons for the decision; and
(b)
inform
the person of his right to apply to the High Court for judicial review of the
decision and the time within which the application for review is required to be
made.
PART III
RIGHT OF ACCESS TO
INFORMATION
11.
(1)
Notwithstanding
any law to the contrary and subject to the provisions of this act, it shall be
the right of every person to obtain access to an official document.
(2)
Nothing
in this Act shall prevent a public authority from -
(a)
giving
access to documents or information;
(b)
amending
documents,
other
than as required by this Act where it has the discretion to do so or where it
is required to do so by any written law or order of a court.
12.
A person is not entitled to obtain, in accordance with the procedure provided
for in this Part, access to -
(a)
a
document which contains information that is open to public access, as part of a
public register or otherwise, in accordance with another written law, where
that access is subject to a fee or other charge;
(b)
a
document which contains information that is available for purchase by the
public in accordance with arrangements made by a public authority;
(c)
a
document that is available for public inspection in a registry maintained by
the Registrar General or other public authority;
(d)
a
document which is stored for preservation or safe custody, being a document
which is a duplicate of a document of a public authority.
13.
(1) 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.
(2)
A
request shall identify the official document, or provide sufficient information
to enable the designated officer of the public authority, or an employee of the
public authority who is familiar with the relevant documents, to identify the
document with reasonable effort.
(3)
A
request may specify in which of the forms described in section 18 the applicant
wishes to be given access.
(4)
Subject
to section 21, a request under this section may be made for access to all
records of a particular description or all records relating to a particular
subject.
(5)
An
application for access to an official document held by a public authority
referred to in section 4(j)(i) or (iii) shall be made to the responsible
Minister.
14.
(1) A public authority shall take reasonable steps to assist any person who -
(a)
wishes
to make a request under section 13; or
(b)
has
made a request which does not comply with the requirements of section 13 (2),
to
make a request in a manner which complies with that section.
(2)
Where a request in writing is made to a public authority for access to an
official document, the public authority shall not refuse to comply with the
request on the ground that the request does not comply with section 13(2),
without first giving the applicant a reasonable opportunity of consultation
with the public authority with a view to the making of a request in a form that
does comply with that section.
(3)
Without
prejudice to section 21, a public authority shall take reasonable steps to
assist any person in the exercise of any other right under this Act.
15.
A public authority shall take reasonable steps to enable an applicant to be
notified of the approval or refusal of his request as soon as practicable but
in any case not later than thirty days after the day on which the request is
duly made.
16.
(1) Subject to this Act, where -
(a)
a
request is duly made by an applicant to a public authority for access to an
official document;
(b)
the
request is approved by the public authority and
(c)
any
fee prescribed under section 17 that is required to be paid before access is
granted has been paid,
the
public authority shall forthwith give the applicant access to the official
document.
(2)
Where -
(a)
a
decision is made not to grant a request for access to a document on the ground
that it is an exempt document;
(b)
it
is practicable for the public authority to grant access to a copy of the
document with such deletions a to make the copy not an exempt document; and
(c)
it
appears from the request, or the applicant subsequently indicates, that the
applicant would wish to have access to such a copy,
the
public authority shall give the applicant access to such a copy of the
document.
17.
(1) No fee shall be charged by a public authority for the making of a request
for access to an official document.
(2)
Where access to an official document is to be given in the form of printed
copies, or copies in some other form, such as on tape, disk, film or other
material, the applicant shall pay the prescribed fee.
(3)
Notwithstanding
subsection (2), where a public authority fails to comply with section 15, any
access to official documents to which the applicant is entitled pursuant to his
request shall be provided free of charge.
(4)
Notwithstanding
subsection (2), where a public authority fails, to give an applicant access to
an official document within seven working days of the payment of the relevant
fee pursuant to section 16(1)[c], the applicant shall, in addition to access to
the official document requested, be entitled to a refund of the fee paid.
(5)
The
fees payable by the applicant shall be commensurate with the cost incurred in
making documents available.
18.
(1) Where a document to which access is required to be under this Act is held
by a public authority in printed form, the public authority shall give access
to it by supplying a copy of it to the applicant or, if the applicant so
requests, by making it available to the applicant for inspection.
(2)
Where a document to which access is required to be given under this Act is held
by a public authority other than in printed form, the pubic authority shall, if
the applicant so requests, give access to it -
(a)
by
supplying a copy of it to the applicant;
(b)
in
the case of a document that is an article or thing from which sounds or visual
images are capable of being reproduced, by making arrangements for the
applicant to hear or view those sounds or visual images;
(c)
in
the case of a document by which words are recorded in a manner in which they
are capable of being reproduced in the form of sound or in which words are
contained in the form of shorthand writing or in codified form, by supplying a
printed transcript of the words recorded or contained in the document.
(3)
Subject to this section and to section 16(2), where the applicant has requested
access in a particular form, access shall be given in that form.
(4)
If
the form of access requested by the applicant -
(a)
would
inter