The following is a 26 January 2000 FXI press release: FXI WELCOMES THE PASSING OF ACCESS TO INFORMATION LEGISLATION The Freedom of Expression Institute welcomes Parliament’s passing of the Promotion of Access to Information Act. Despite the fact that today’s Act is totally different from the omnibus “government in the sunshine” act first envisaged some […]
The following is a 26 January 2000 FXI press release:
FXI WELCOMES THE PASSING OF ACCESS TO INFORMATION LEGISLATION
The Freedom of Expression Institute welcomes Parliament’s passing of the Promotion of Access to Information Act. Despite the fact that today’s Act is totally different from the omnibus “government in the sunshine” act first envisaged some five years ago, it is still a milestone. In addition, FXI is gratified to note that the passing of the Act also leads to the access to information clause in our Bill of Rights now becoming operable. Until now, because the right of access to information had to be dealt with in terms of the less open clause of the Interim Constitution, the right of access to information held by government has been limited, while right of access to information held
by private bodies was exempt.
A real victory with regard to the Act itself has been the inclusion of a section devoted to access to privately held information. By including such a section, the Act will give full effect to the access to information clause in the Bill of Rights. This section states clearly that not only will everyone have the right to access to information held by government, without having to provide a reason for needing such information, bu that the right of access to any information held by another person will be available to everyone in exercise or protection of any rights.
Notwithstanding our pleasure at the final passing of the Act, it needs also to be noted that the Act contains a fairly extensive section on grounds for refusal of access, including mandatory exclusions. The language of the Act, however, in many instances provides for the information officer to exercise a degree of discretion in disclosure and does have a public interest override. These factors suggest that the promotion of a culture of openness in public bodies (this definition includes both private and government bodies) will be crucial in ensuring that requesters are not indiscriminately refused access to documents in the possession of these bodies.
We also view the fact that government can access information from private bodies with a degree of circumspection and will monitor its use of the Act. In terms of the bigger picture, FXI looks forward to the whistle-blower legislation in the pipeline as this will mean that not all has been lost from the original draft of the then Open Democracy Bill.
26 January 2000
