Act 6 Access to Information Act 2005
THE ACCESS TO INFORMATION ACT, 2005.
_______________
ARRANGEMENT OF SECTIONS.
Section
PART I - PRELIMINARY.
1. Short title and commencement.
2. Application.
3. Purpose of Act
4. Interpretation.
PART II – ACCESS TO RECORDS AND INFORMATION.
5. Right of access.
6. Access to information and records.
7. Manual of functions and index of records of public body.
8. Disclosure and automatic availability of certain records.
9. Information in directory.
10. Information officers.
11. Form of request.
12. Duty to assist persons.
13. Transfer of request.
14. Records that cannot be found or do not exist.
15. Deferral of access.
16. Decision on request and notice.
17. Extension of period to deal with request.
18. Deemed refusal of request.
19. Severability.
20. Access and forms of access.
21. Access to health or other records.
22. Preservation of records.
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PART III – EXEMPTION FROM ACCESS.
23. Interpretation.
24. Access subject to conditions.
25. Cabinet Minutes and those of its Committees.
26. Protection of information relating to privacy of the person.
27. Protection of commercial information of third party.
28. Protection of certain confidential information.
29. Protection of safety of persons and property.
30. Protection of law enforcement and legal proceedings.
31. Protection of records privileged from production in legal proceedings.
32. Defence, security and international relations.
33. Operations of public bodies.
34. Mandatory disclosure in public interest.
PART IV – THIRD PARTY INTERVENTION.
35. Notice to third parties.
36. Representation by third party.
PART V– COMPLAINT AND APPEALS.
37. Complaints to Chief Magistrate.
38. Appeal to court.
39. Procedure.
40. Disclosure of records by court.
41. Civil proceedings
42. Decision of court.
PART VI – MISCELLANEOUS.
43. Annual report.
44. Protection of persons releasing information.
45. Protection of officers.
46. Offences.
47. Regulations.
48. Power of Minister to amend Schedule.
SCHEDULE
CURRENCY POINT.
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THE ACCESS TO INFORMATION ACT, 2005.
An Act to provide for the right of access to information pursuant to article 41 of the
Constitution; to prescribe the classes of information referred to in that article; the
procedure for obtaining access to that information, and for related matters.
DATE OF ASSENT: 7th July, 2005
Date of Commencement: See section 1(2) and (3)
BE IT ENACTED by Parliament as follows:
PART I – PRELIMINARY.
1. Short title and commencement.
(1) This Act may be cited as the Access to Information Act, 2005.
(2) This Act shall come into force on a day to be appointed by the Minister by statutory
instrument and different days may be appointed for the commencement of different
provisions.
(3) The Minister shall in any case ensure that the whole of the Act comes into force
within the current financial year.
2. Application.
(1) This Act applies to all information and records of Government ministries,
departments, local governments, statutory corporations and bodies, commissions and
other Government organs and agencies, unless specifically exempted by this Act.
(2) This Act does not apply to -
(a) Cabinet records and those of its committees;
(b) records of court proceedings before the conclusion of the case; or
(3) Nothing in this Act detracts from the provisions of any other written law giving a
right of access to the record of a public body.
3. Purpose of Act.
The purpose of this Act is –
(a) to promote an efficient, effective, transparent and accountable Government;
(b) to give effect to article 41 of the Constitution by providing the right of access to
information held by organs of the State, other than exempt records and information;
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(c) to protect persons disclosing evidence of contravention of the law, maladministration or
corruption in Government bodies;
(d) to promote transparency and accountability in all organs of the State by providing the
public with timely, accessible and accurate information; and
(e) to empower the public to effectively scrutinise and participate in Government decisions
that affect them.
4. Interpretation.
In this Act, unless the context otherwise requires –
"court" means the Chief Magistrates’ Court or the High Court;
"currency point" means the value specified in relation to a currency point in the
Schedule;
"information" includes written, visual, aural and electronic information;
"information officer" means the Chief executive of a public body;
"manual" means the manual of functions of, and index of records held by a public body,
compiled under section 7;
"Minister" means the Minister to whom the functions of the Minister under this Act have
for the time being been assigned by the President;
"prescribed" means prescribed by regulations made under section 47;
"privacy" means the right of a person to keep his or her matters and relationships secret;
"proprietary information" means information relating to any manufacturing process,
trade secret, trademark, copyright, patent or formula protected by law or by
International Treaty to which Uganda is a party;
"public body" includes a government, ministry, department, statutory corporation,
authority or commission;
"record" means any recorded information, in any format, including an electronic format
in the possession or control of a public body, whether or not that body created it;
"relevant authority" means the Minister responsible for that public body or the person
designated in writing by that Minister;
"request for access" means a request for access to a record of a public body under section
11;
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"Rules Committee" means the Rules Committee established by section 40 of the
Judicature Act;
"security" means the protection of Uganda against threats such as crime, criminals and
attacks by foreign countries;
"sovereignty" means the supremacy of the state;
"third party" in relation to a request for access, means any person, including but not
limited, to the government of a foreign state, an international organisation or an organ
of that government or organisation, other than -
(a) the person requesting the record; and
(b) a public body.
PART II – ACCESS TO INFORMATION AND RECORDS.
5. Right of access.
(1) Every citizen has a right of access to information and records in the possession of the
State or any public body, except where the release of the information is likely to prejudice the
security or sovereignty of the State or interfere with the right to the privacy of any other
person.
(2) For the avoidance of doubt, information and records to which a person is entitled to
have access under this Act shall be accurate and upto date so far as is practicable.
6. Access to information and records.
A person’s right of access is, subject to this Act, not affected by –
(a) any reason the person gives for requesting access; or
(b) the information officer’s belief as to what the person’s reasons are for requesting
access.
7. Manual of functions and index of records of public body.
(1) Within six months after the commencement of this section or the coming into
existence of a public body, the information officer of the public body shall compile a
manual containing -
(a) a description of the public body and the functions of the public body;
(b) the postal and street address, phone and fax number and electronic mail address of
the information officer of the body and of every deputy information officer;
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(c) the address of the established office of the public body at which the public may
make requests and obtain information;
(d) sufficient detail, including the nature of all formal and informal procedures
available to facilitate a request for access;
(e) a description of the subjects on which the body holds records and the categories of
records held on each subject;
(f) the most recent notice published under section 8, if any, regarding the categories of
records of the body which are available without a person having to request
access under this Act;
(g) a description of the services available to members of the public from the body and
how to gain access to those services;
(h) a description of any arrangement or provision for a person by consultation, making
representations or otherwise, to participate in or influence -
(i) the formulation of policy; or
(ii) the exercise of the powers or performance of duties, by the body;
(i) a description of all remedies available in respect of an act or a failure to act by the
body; and
(j) such other information as may be prescribed.
(2) A public body shall update and publish its manual at least once in every two years.
(3) Each manual shall be made available as prescribed.
8. Disclosure and automatic availability of certain records.
An information officer shall, once in every two years, publish a description of -
(a) the categories of records of the public body that are automatically available
without a person having to request access under this Act, including the categories
available –
(i) for inspection under a written law other than this Act;
(ii) for purchase or copying from the public body; and
(iii)from the public body free of charge; and
(b) how to obtain access to those records.
9. Information in directory.
The Minister shall ensure the publication in every directory issued for general use by the
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public, of the postal and street address, phone and fax number and electronic mail address of
the information officer of every public body.
10. Information officers
For the purposes of this Act, the Chief Executive of each public body shall be responsible for
ensuring that records of the public body are accessible under this Act.
11. Form of request.
(1) A request for access to a record or information shall be in writing in the prescribed
form to the information officer of the public body in control of the record or
information required and shall provide sufficient details to enable an experienced
employee of the body to identify the record or information.
(2) The form for a request of access prescribed under subsection (1) shall require the
person requesting access -
(a) to provide sufficient particulars to enable the information officer to identify -
(i) the record or records requested; and
(ii) the person requesting the information;
(b) to indicate which applicable form of access referred to in section 20(2) is required;
(c) to specify the address of the person requesting the information; and
(d) if the request is made on behalf of a person, to state the capacity in which the
person requesting the information is making the request.
(3) A person who, because of illiteracy or disability is unable to make a request
for access in accordance with subsection (1) may make that request orally.
(4) The information officer of a public body to whom an oral request is made under
subsection (3) shall reduce the request to writing in the prescribed form and shall
provide a copy of the written request to the person requesting access.
12. Duty to assist persons
(1) Where a person informs the information officer -
(a) that he or she wishes to make a request for access to a record of the public body of
that information officer; or
(b) that he or she wishes to make a request for access to a record of another public
body, the information officer shall render such reasonable assistance, free of
charge, as is necessary to enable that person to comply with section 11.
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(2) Where a person makes a request for access that does not comply with section 11,
the information officer shall not refuse the request because of that non-compliance
unless the information officer has –
(a) notified that person of an intention to refuse the request and stated in
the notice –
(i) the reasons for the contemplated refusal; and
(ii) that the information officer or other official identified by the information
officer would assist that person in order to make the request in a form that
would remove the reasons for refusal;
(b) given the person a reasonable opportunity to seek the assistance referred to in
paragraph (a)(ii);
(c) as far as reasonably possible, furnished the person requesting access with any
information, including information about the records, other than information under
Part III that would assist the making of the request in that form; and
(c) given the person a reasonable opportunity to confirm the request or to alter it to
comply with section 11.
(3) When computing any period referred to in section 15(1), the period commencing on
the date on which notice is given under subsection (2) and ending on the date on which
the person confirms or alters the request for access concerned shall be disregarded.
(4) Where it is apparent, on receipt of a request for access, that the request should
have been made to another public body, the information officer of the public
body receiving the request shall -
(a) render any assistance necessary to enable the person requesting access to make
the request to the information officer of the appropriate public body; or
(b) transfer the request in accordance with section 13, to the appropriate information
officer,
whichever will result in the request being dealt with sooner.
13. Transfer of request.
(1) Where a request for access is made to the information officer of a public body in
respect of which -
(a) the record is not in the possession or under the control of that body but is in the
possession of another public body; or
(b) the subject matter of the record is more closely connected with the functions of
another public body than those of the public body of the information officer to
whom the request is made,
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the information officer to whom the request is made shall, as soon as reasonably
possible but in any event within twenty one days after the request is received -
(i) transfer the request to the information officer of the other public body; and
(ii) if the public body of the information officer to whom the request is made is in
possession of the record and considers it is helpful to do so to enable the
information officer of the other public body to deal with the request, send the
record or a copy of the record to that information officer.
(2) Upon the transfer of a request for access, the information officer making the transfer
shall immediately notify the person requesting access of -
(a) the transfer;
(b) the reasons for the transfer; and
(c) the period within which the request shall be dealt with.
14. Records that cannot be found or do not exist.
(1) Where a request for access is made to the information officer of a public body in
respect of which -
(a) the record is not in the possession or under the control of the public body of that
information officer and the information officer does not know which public body has
possession or control of the record; or
(b) all reasonable steps have been taken to find the record requested; and
(c) there are reasonable grounds for believing that the record -
(i) is in the possession of the public body but cannot be found; or
(ii) does not exist,
the information officer shall, in writing, notify the person that it is not possible to give
access to that record.
(2) The notice referred to in subsection (1) shall give a full account of all steps taken to
find the record in question or to determine whether the record exists, as the case may be,
including all communications with every person who conducted the search on behalf of
the information officer.
(3) For the purposes of this Act, the notice under subsection (1) is to be regarded as a
decision to refuse a request for access to the record.
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(4) Where, after notice is given under subsection (1), the record in question is found, the
person requesting access shall be given access to the record unless access is refused on a
ground for refusal under Part III.
15. Deferral of access.
(1) Where the information officer determines that access may be granted to a record, but
that record -
(a) is to be published within ninety days after the receipt or transfer of the request or
such further period as is reasonably necessary for printing the record for the
purpose of publishing it;
(b) is required by law to be published but is yet to be published; or
(c) has been prepared for submission to a public body, public officer or a particular
person but is yet to be submitted,
the information officer my defer giving access to the record.
(2) Where access to a record is deferred under subsection (l), the information officer shall
notify the person concerned -
(a) that he or she may, within twenty one days after that notice is given, make
representations to the information officer why the record is required before the
publication or submission; and
(b) of the likely period for which access is to be deferred.
(3) Where a person makes representation under subsection (2)(a), the information officer
shall, after due consideration of those representations, grant the request for access only if
there are reasonable grounds for believing that the person will suffer substantial prejudice if
access to the record is deferred for the period referred to in subsection (2)(b).
16. Decision on request and notice
(1) The information officer to whom a request for access is made or transferred shall,
subject to section 17, as soon as reasonably possible, be in any event, within twenty one days
after the request is received -
(a) determine in accordance with this Act, whether to grant the request; and
(b) notify the person requesting the access of the decision and, if the person stated as
required by section 11(2)(b), that he or she wishes to be informed of the decision
in any other manner, inform him or her in that manner if it is reasonable possible.
(2) Where the request for access is granted, the notice under subsection (1)(b) shall state–
(a) the fee, if any, to be paid upon access;
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(b) the form in which the access will be given; and
(c) that the person requesting access may lodge an internal appeal or an application
with the court, as the case may be, against the access fee to be paid or the form of
access granted and the procedure, including the period, for lodging the internal
application or appeal, as the case may be.
(3) Where the request for access is refused, the notice under subsection (1)(b) shall-
(a) state adequate reasons for the refusal, including the provisions of this Act relied
upon;
(b) exclude from any reasons stated under paragraph (a), any reference to the content
of the record; and
(c) state that the person may lodge an internal appeal or an application with the Court,
as the case may be, against the refusal of the request and the procedure, including
the period, for lodging the internal application or appeal as the case may be.
17. Extension of period to deal with request.
(1) The information officer to whom a request for access has been made or transferred,
may extend the period of twenty one days referred to in section 16(1), in this section
referred to as the "original period", once for a further period of not more than twenty one
days, if -
(a) the request is for a large number of records or requires a search through a large
number of records and compliance with the original period would unreasonably
interfere with the activities of the public body concerned;
(b) the request requires a search for records in, or collection of the records from, an
office of the public body not situated in the same city, town or location as the
office of the information officer that cannot reasonably be completed within the
original period;
(c) more than one of the circumstances contemplated in paragraphs (a) and (b) exist in
respect of the request, making compliance with the original period not reasonably
possible; or
(d) the person requesting for the record consents in writing to the extension.
(2) Where a period is extended under subsection (1), the information officer shall, as
soon as reasonably possible, but in any case within twenty one days, after the request is
received or transferred, notify the person requesting the record of the extension.
(3) A notice given under subsection (2) shall state -
(a) the period of the extension;
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(c) adequate reasons for the extension, including the provisions of this Act relied
upon; and
(c) that the person may lodge an internal appeal or an application with a court, as the
case may be, against the extension, and the procedure, including the period, for
lodging the internal appeal or application, as the case may be.
18. Deemed refusal of request.
Where an information officer fails to give the decision on a request for access to the person
concerned within the period contemplated under section 16, the information officer is, for the
purposes of this Act, regarded as having refused the request.
19. Severability
(1) Where a request for access is made for a record containing information which is
required or authorized or to be refused under Part III, then every part or the record, which
does not contain any such information shall be disclosed notwithstanding any other
provision of this Act.
(2) Where a request for access to -
(a) a part of a record is granted; and
(b) the other part of the record is refused,
in accordance with subsection (1), section 16(2), applies to paragraph (a) of this
subsection and section 16(3) to paragraph (b) of this subsection.
20. Access and forms of access.
(1) Where a person has been notified under section 16(1) that the request for access has
been granted, that person shall, subject to subsections (3) and (10) –
(a) where an access fee is payable, upon payment of that fee; or
(b) where no access fee is payable, immediately,
be given access in the applicable forms referred to in subsection (2) as the person
indicated in the request for access.
(2) The forms of access to a record in respect of which a request of access has been
granted are -
(a) if the record is in written or printed form, by supplying a copy of the record or by
making arrangements for the inspection of the record;
(b) if the record is not in written or printed form -
(i) in the case of a record from which visual images or printed transcriptions of
those images are capable of being reproduced by means of equipment which
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is ordinarily available to the public body concerned, by making arrangements
to view those images or be supplied with copies or transcriptions of them;
(ii) in the case of a record in which words or information are recorded in a manner
that they are capable of being reproduced in the form of sound by equipment
which is ordinarily available to the public body concerned –
(aa) by making arrangements to hear those sounds; or
(ab) if the public body is capable of producing a written or printed transcription
of those sounds by the use of equipment which is ordinarily available to it,
by supplying that transcription;
(iii)in the case of a record which is held on computer, or in electronic or machinereadable
form, and from which the public body concerned is capable of producing
a printed copy of -
(aa) the record, or a part of it; or
(ab) information derived from the record,
by using computer equipment and expertise ordinarily available to the public
body, by supplying such a copy;
(iv) in the case of a record available or capable of being made available in
computer readable form, by supplying a copy in that form; or
(v) in any other case, by supplying a copy of the record.
(3) Where a person has requested access in a particular form, access shall, subject to
section 18, be given in that form, unless to do so would -
(a) interfere unreasonably with the effective administration of the public body
concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or the public body
concerned.
(4) Where a person has requested access in a particular form and for a reason referred to
in subsection (3), access in that form is refused but access is given in another form, the
fee charged may not exceed what would have been charged if the person had been given
access in the form requested.
(5) Where a person with a disability is prevented by that disability from reading, viewing
or listening to the record concerned in the form in which it is held by the public body
concerned, the information officer shall, if that person so requests, take reasonable steps
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to make the record available in a form in which it is capable of being read, viewed or
heard by that person.
(6) Where access to a record is to be given to a person with a disability and the person
requests that access to be given in an alternative format, a copy of the record shall be
given in an alternative format -
(a) immediately, if the record exists in the alternative format that is acceptable to that
person; or
(b) within a reasonable period to allow the public body to prepare or cause to be
prepared the alternative format, unless the making of the alternative format is
considered outrageously expensive compared to the information required.
(7) Where a record is made available in accordance with subsection (5), the person shall
not be required to pay an access fee which is more than the fee which that person would
have been required to pay, but for the disability.
(8) Where a record is made available in terms of this section to a person for inspection,
viewing or hearing, that person may make copies of, or transcribe the record using his or
her equipment, unless to do so would—
(a) interfere unreasonably with the effective administration of the public body
concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or the public body
concerned.
(9) Where this section requires the supply to a person of a copy of a record, the copy
shall, if so requested by that person, be supplied by posting it to that person.
(10) Where an internal appeal or an application to the court, as the case may be, is lodged
against the granting of a request for access to a record, access to the record may be given
only when the decision to grant the request is finally confirmed.
21. Access to health or other records.
An information officer shall refuse access to health records, the disclosure of which would
constitute an invasion of personal privacy.
22. Preservation of records.
Where the information officer receives a request for access to records or information, he or
she shall ensure that the records or information concerned are properly preserved until the
request is met and where there is an appeal, until all the procedures for appeal are exhausted.
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PART III - EXEMPTION FROM ACCESS
23. Interpretation.
A provision of this Part under which a request for access to a record shall or may or may not
be refused, may not be construed as -
(a) limited in its application in any other such provision of this Part in terms of which a
request for access to a record shall or may or may not be refused; and
(b) not applying to a particular record by reason that another provision of this Part also
applies to that record.
24. Access subject to conditions
(1) a person is entitled to access information or a record of a public body if that person
complies with all the requirements of this Act relating to a request for access to that
information or record; and access to that information or record is not prohibited by this
Part.
(2) A request made under subsection (1) may be for information or records containing
personal information relating to the person requesting the information.
25. Cabinet Minutes and those of its Committees
(1) Subject to subsection (2), cabinet minutes shall not be accessible to any person other
than an authorized public officer.
(2) Notwithstanding subsection (1), the Minister may, from time to time by regulations
made under section 47, prescribe the categories of records which shall or may be released
after the expiration of seven years, fourteen years, and twenty one years respectively after
the record came into existence.
26. Protection of information relating to privacy of the person.
(1) Subject to subsection (2), an information officer may refuse a request for access if its
disclosure would involve the unreasonable disclosure of personal information about a
person, including a deceased individual.
(3) A person may be granted access to a record referred to in subsection (1) in so far as
the record consists of information -
(a) about a person who has consented in writing to its disclosure to the person
requesting the record;
(b) that was given to the public body by the person to whom it relates and the person
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was informed by or on behalf of the public body, before it is given, that the
information belongs to a class of information that would or might be made
available to the public;
(c) already publicly available;
(d) about a person who is deceased and the person requesting the information is -
(i) the person's next of kin; or
(ii) making the request with the written consent of the person's next of kin; or
(e) about a person who is or was an official of a public body and which relates to the
position or functions of the person, including, but not limited to -
(i) the fact that the person is or was an official of that public body;
(ii) the title, work address, work phone number and other similar particulars of the
person;
(iii) the classification, salary scale or remuneration and responsibilities of the
position held or services performed by the person; and
(iv) the name of the person on a record prepared by the person in the course of
employment.
27. Protection of commercial information of third party.
(1) Subject to subsection (2), the information officer shall refuse a request for access to a
record if the record contains -
(a) proprietary information as defined in section 4;
(b) scientific or technical information, the disclosure of which is likely to cause harm
to the interests or proper functioning of the public body; or
(c) information supplied in confidence by a third party, the disclosure of which could
reasonably be expected -
(i) to put that third party at a disadvantage in contractual or commercial
negotiations; or
(ii) to prejudice that third party in commercial competition.
(2) A record may not be refused under subsection (1) insofar as it consists of
information -
(a) already publicly available;
(b) about a third party who has consented in writing to its disclosure to the person
requesting for it; or
(c) about the results of any product, environmental or other investigation supplied
to or by, or carried out by or on behalf of a public body and its disclosure
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would reveal a serious public safety, public health or environmental risk.
28. Protection of certain confidential information.
(1) Subject to subsection (2), an information officer -
(a) shall refuse a request for access if the disclosure of the record would constitute an
action for breach of a duty of confidence owed to a third party in terms of an
agreement; or
(b) may refuse a request for access to a record of the body if the record consists of
information that was supplied in confidence by a third party -
(i) the disclosure of which could reasonably be expected to prejudice the future
supply of similar information, or information from the same source; and
(ii) if it is in the public interest that similar information, or information from the
same source, should continue to be supplied.
(2) A record may not be refused under subsection (1) insofar as it consists of information-
(a) already publicly available; or
(b) about the third party concerned that has consented in writing to its disclosure to the
person requesting it.
29. Protection of safety of persons and property.
An information officer -
(a) shall refuse a request for access if the disclosure of the record could reasonably be
expected to endanger the life or physical safety of a person; or
(b) may refuse a request for access to a record of the body if the disclosure of the record
is likely to prejudice or impair -
(i) the security of –
(aa) a building, structure or system, including, but not limited to a computer or
communication system;
(bb) a means of transport; or
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of -
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(aa) a person in accordance with a witness protection scheme;
(bb) the safety of the public or any part of the public;
(cc) the security of property referred to in subparagraph (b)(i).
30. Protection of law enforcement and legal proceedings.
(1) An information officer -
(a) shall refuse a request for access to a record if access to that record would deprive a
person of a right to a fair trial;
(b) may refuse a request for access if -
(i) the record contains methods, techniques, procedures or guidelines for –
(aa) the prevention, detection, curtailment or investigation of a contravention
or possible contravention of the law; or
(bb) the prosecution of alleged offenders, and the disclosure of those methods,
techniques, procedures or guidelines could reasonably be expected to
prejudice the effectiveness of those methods, techniques, procedures or
guidelines, or lead to the circumvention of the law or facilitate the
commission of an offence;
(ii) the prosecution of an alleged offender is being prepared or about to commence
or pending and the disclosure of the record could reasonably be expected -
(aa) to impede that prosecution; or
(bb) to result in a miscarriage of justice in that prosecution; or
(iii) the disclosure of the record is likely to -
(aa) prejudice the investigation of a contravention or possible contravention of
the law which is about to commence or is in progress or, if it has been
suspended or terminated, is likely to be resumed;
(bb) reveal, or enable a person to ascertain, the identity of a confidential source
of information in relation to the enforcement or administration of the law;
(cc) result in the intimidation or coercion of a witness, or a person who might
be or has been called as a witness, in criminal proceedings or other
proceedings to enforce the law;
(dd) facilitate the commission of a contravention of the law, including, but not
limited to, subject to subsection (2), escape from lawful detention; or
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(ee) prejudice or impair the fairness of a trial or the impartiality of an
adjudication.
(2) A record may not be refused under subsection (l)(b)(iii)(dd) insofar as it consists of
information about the general conditions of detention of persons in custody.
31. Protection of records privileged from production in legal proceedings.
An information officer shall refuse a request for access if the record is privileged from
production in legal proceedings unless the person entitled to the privilege has waived the
privilege.
32. Defence, security and international relations.
(1) An information officer may refuse a request for access to a record of the body if its
disclosure-
(a) is likely to prejudice the defence, security or sovereignty of Uganda;
(b) subject to subsection (3), is likely to prejudice the international relations of
Uganda; or
(c) would reveal information supplied in confidence by or on behalf of another State
or an international organisation.
(2) A record may not be refused under subsection (l)(b) if it came into existence more
than twenty years before the request.
(3) A record contemplated under subsection (1), without limiting the general effect of that
subsection, includes a record containing information -
(a) relating to military tactics or strategy or military exercise or operations undertaken
in preparation of hostilities or in connection with the detection, prevention,
suppression or curtailment of subversive or hostile activities;
(b) relating to the quality, characteristics, capabilities, vulnerabilities or deployment of
-
(i) weapons or any other equipment used for the detection, prevention, suppression
or curtailment of subversive or hostile activities; or
(ii) anything being designed, developed, produced or considered for use as
weapons or such other equipment;
(c) relating to the characteristics, capabilities, vulnerabilities, performance, potential,
deployment or functions of -
(i) any military force, unit or personnel; or
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(ii) any body or person responsible for the detection, prevention, suppression or
curtailment of subversive or hostile activities;
(d) held for the purposes of intelligence relating to -
(i) the defense of Uganda;
(ii) the detection, prevention, suppression or curtailment of subversive
or hostile activities; or
(iii) another state or an international organisation used by or on behalf
of Uganda in the process of deliberation and consultation in the conduct of
international affairs;
(e) on methods of, and scientific or technical equipment for, collecting, assessing or
handling information referred to in paragraph (d),
(f) on the identity of a confidential source and any other source of information referred
to in paragraph (d);
(g) on the positions adopted or to be adopted by Uganda, another state or an
international organisation for the purpose of present or future international
negotiations; or
(h) that constitutes diplomatic correspondence exchanged with another state or an
international organisation or official correspondence exchanged with diplomatic
missions of Uganda.
33. Operations of public bodies.
(1) An information officer may refuse a request for access -
(a) if the record contains -
(i) an opinion, advice, report or recommendation obtained or prepared; or
(ii) an account of a consultation, discussion or deliberation that has occurred,
including, but limited to, minutes of a meeting, for the purpose of assisting to
take a decision in the exercise of a power or performance of a duty conferred
or imposed by law; or
(b) if the disclosure of the record could reasonably be expected to frustrate the
deliberative process in a public body or between public bodies by inhibiting the -
(i) communication of an opinion, advice, report or recommendation; or
(ii) conduct of a consultation, discussion or deliberation.
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(2) A record may not be refused under subsection (1) if the record came into existence
more than ten years before the request concerned.
34. Mandatory disclosure in public interest.
Notwithstanding any other provision in this Part, an information officer shall grant a request
for access to a record of the public body otherwise prohibited under this Part if -
(a) the disclosure of the record would reveal evidence of -
(i) a substantial contravention of, or failure to comply with the law; or
(ii) an imminent or serious public safety, public health or environmental risk;
and
(b) the public interest in the disclosure of the record is greater than the harm
contemplated in the provision in question.
PART IV - THIRD PARTY INTERVENTION.
35. Notice to third parties.
(1) Where an information officer intends to disclose any record requested for, that
contains or that might contain -
(a) trade secrets of a third party;
(b) financial, commercial, scientific, or technical information that is confidential
information supplied to the public body by the third party;
(c) information the disclosure of which could result in material financial loss or gain,
prejudice the competitive position of the third party or interfere with contractual
or other negotiations of the third party,
the information officer shall, if the third party can be located, within twenty one days
after the request is received, give written notice to the third party of the request and
the intention to disclose the record.
(2) The third party to whom a notice is required to be given under subsection (2) may
waive the requirement and where the third party consents to the disclosure, the third party
shall be deemed to have waived the requirement.
(3) A notice given under subsection (1) shall include -
(a) the intention of the information officer to release the record;
(b) a description of the content of the record, that it belongs to and was supplied by or
relates to the third party; and
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(c) that the third party may, within twenty days after the notice, make representation
as to why the record should not be disclosed.
(4) The information officer may extend the period prescribed by subsection (3)(c) if the
time limit prescribed by section 17 is extended but the extension under this subsection
shall not exceed the extension under section 17.
36. Representation by third party.
(1) The third party to whom notice is given under section 35 shall make the representation
within the period stated in the notice; and the information officer shall, within twenty one
days of the notice, make a decision whether or not go give access to the record.
(2) The representation made under subsection (1) shall be given in writing unless the
information officer provides otherwise.
(3) The information officer shall give the third party notice of the decision
made under subsection (1) and the notice shall include a statement -
(a) that the third a party is entitled to request for a review of the decision; and
(b) that the person who requested for access will be given access unless a review is
requested.
PART V - COMPLAINTS AND APPEALS.
37. Complaints to Chief Magistrate
A person may lodge a complaint with the Chief Magistrate, against the decision of an
information officer -
(a) to refuse a request for access; or
(b) taken under section 17(1) or 20(3), in relation to that person.
38. Appeal to court
A person aggrieved by the decision of the Chief Magistrate under section 35, may, within
twenty one days after the decision is communicated to him or her, appeal to the High Court
against the decision of the Chief Magistrate.
39. Procedure
The Rules Committee shall, within six months after the commencement of this Act, makes
rules of procedure for the courts to regulate the procedure in respect of applications made
under sections 35 and 40.
40. Disclosure of records by court.
(1) Notwithstanding this Act or any other law, a court hearing an appeal against a
decision, may examine any record of a public body to which this Act applies, and no such
record may be withheld from the court on any grounds except whenever access to
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information is expressly prohibited by this Act or any other law.
(2) The court may not disclose to any person, including the parties to the proceedings
concerned, other than the public body referred to in subsection (1) -
(a) any record of a public body which, on a request for access, may have been refused
under this Act,
(b) if the information officer of a public body or the Inspector General of Government
in refusing to grant access to a record refused to confirm or deny the existence or
non-existence of the record, any information as to whether the record exists.
(3) The court under subsection (1) may -
(a) receive representation ex parte;
(b) conduct hearings in camera; and
(c) prohibit the publication of such information in relation to the proceedings as the
court determines, including information in relation to the parties to the
proceedings and the contents or orders made by the court in the proceedings.
41. Civil proceedings.
(1) For the purposes of this Part, proceedings on application are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings in an
application under this Part.
(3) The burden of establishing that -
(a) the refusal of a request for access; or
(b) any decision taken under this Act complies with the provisions of this
Act rests on the party claiming that it complies.
42. Decision of court.
The court hearing an application under section 37 may, in addition to any other order, grant
an order –
(a) confirming, amending or setting aside the decision which is the subject of the
application concerned;
(b) requiring an information officer to grant or deny access to a record of a public body;
(c) requiring the information officer or relevant authority of a public body to take such
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action or to refrain from taking such action as the court considers necessary within a
period mentioned in the order;
(d) granting an interim or specific relief, a declaratory order or compensation; or
(e) as to costs.
PART IV - MISCELLANEOUS.
43. Annual report.
(1) Each Minister shall submit an annual report to Parliament on requests for access to
records or information made to public bodies under his or her ministry in relation to the
relevant year, and shall indicate whether access was given or not and if access was not
given, state reasons for the denial.
(2) For avoidance of doubt, the annual report referred to in subsection (1) may be
included in the annual policy statement of the Ministry.
44. Protection of persons releasing information
(1) No person shall be subject to any legal, administrative or employment-related
sanction, regardless of any breach of a legal or employment obligation, for releasing
information on wrongdoing, or information which would disclose a serious threat to
health, safety or the environment, as long as that person acted in good faith and in the
reasonable belief that the information was substantially true and disclosed evidence of
wrongdoing or a serious threat to health, safety or the environment.
(2) For purposes of subsection (1), wrongdoing includes the commission of a criminal
offence, failure to comply with a legal obligation, a miscarriage of justice, corruption or
dishonesty, or maladministration regarding a public body.
45. Protection of officers.
A public officer, information officer or other person acting on the directions of such a person
is not subject to any civil or criminal liability for any act done or omitted to be done in good
faith in the exercise or performance of any power or duty under this Act.
46. Offences.
A person who with intent to deny a right of access under this Act -
(a) destroys, damages or alters a record;
(b) conceals a record; or
(c) falsifies a record or makes a false record,
commits an offence and is liable on conviction to a fine not exceeding two hundred and forty
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currency points or imprisonment not exceeding three year or both.
47. Regulations.
(1) The Minister may, by statutory instrument, make regulations for -
(a) anymatter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees including the procedures and guidelines for
determining when such fees should be waived or reduced;
(c) any notice required by this Act;
(d) forms for requests and places at which forms may be obtained;
(e) uniform criteria to be applied by the information officer when deciding which
categories of records are to be made available under section 8; and
(f) prescribing the categories of information that an information officer may refuse to
grant access to under sections 29,30,32, and 33;
(g) any administrative or procedural matter necessary to give effect to this Act.
(2) The fee for access to be prescribed by regulations under this section shall be a fee
representing the actual cost of retrieval and reproduction of the information.
(3) The Minister may prescribe in the regulations for the contravention of any
of the regulations, any penalty not exceeding two hundred and forty currency points
or imprisonment for a period not exceeding three years or both.
48. Power of Minister to amend Schedule.
The Minister may, by statutory instrument, with the approval of Cabinet, amend the
Schedule.
SCHEDULE
Section 3
CURRENCY POINT
One currency point is equivalent to twenty thousand Uganda Shillings.
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Cross References
The Constitution
The Judicature Act, Cap 13
THE ACCESS TO INFORMATION ACT, 2005.
_______________
ARRANGEMENT OF SECTIONS.
Section
PART I - PRELIMINARY.
1. Short title and commencement.
2. Application.
3. Purpose of Act
4. Interpretation.
PART II – ACCESS TO RECORDS AND INFORMATION.
5. Right of access.
6. Access to information and records.
7. Manual of functions and index of records of public body.
8. Disclosure and automatic availability of certain records.
9. Information in directory.
10. Information officers.
11. Form of request.
12. Duty to assist persons.
13. Transfer of request.
14. Records that cannot be found or do not exist.
15. Deferral of access.
16. Decision on request and notice.
17. Extension of period to deal with request.
18. Deemed refusal of request.
19. Severability.
20. Access and forms of access.
21. Access to health or other records.
22. Preservation of records.
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PART III – EXEMPTION FROM ACCESS.
23. Interpretation.
24. Access subject to conditions.
25. Cabinet Minutes and those of its Committees.
26. Protection of information relating to privacy of the person.
27. Protection of commercial information of third party.
28. Protection of certain confidential information.
29. Protection of safety of persons and property.
30. Protection of law enforcement and legal proceedings.
31. Protection of records privileged from production in legal proceedings.
32. Defence, security and international relations.
33. Operations of public bodies.
34. Mandatory disclosure in public interest.
PART IV – THIRD PARTY INTERVENTION.
35. Notice to third parties.
36. Representation by third party.
PART V– COMPLAINT AND APPEALS.
37. Complaints to Chief Magistrate.
38. Appeal to court.
39. Procedure.
40. Disclosure of records by court.
41. Civil proceedings
42. Decision of court.
PART VI – MISCELLANEOUS.
43. Annual report.
44. Protection of persons releasing information.
45. Protection of officers.
46. Offences.
47. Regulations.
48. Power of Minister to amend Schedule.
SCHEDULE
CURRENCY POINT.
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THE ACCESS TO INFORMATION ACT, 2005.
An Act to provide for the right of access to information pursuant to article 41 of the
Constitution; to prescribe the classes of information referred to in that article; the
procedure for obtaining access to that information, and for related matters.
DATE OF ASSENT: 7th July, 2005
Date of Commencement: See section 1(2) and (3)
BE IT ENACTED by Parliament as follows:
PART I – PRELIMINARY.
1. Short title and commencement.
(1) This Act may be cited as the Access to Information Act, 2005.
(2) This Act shall come into force on a day to be appointed by the Minister by statutory
instrument and different days may be appointed for the commencement of different
provisions.
(3) The Minister shall in any case ensure that the whole of the Act comes into force
within the current financial year.
2. Application.
(1) This Act applies to all information and records of Government ministries,
departments, local governments, statutory corporations and bodies, commissions and
other Government organs and agencies, unless specifically exempted by this Act.
(2) This Act does not apply to -
(a) Cabinet records and those of its committees;
(b) records of court proceedings before the conclusion of the case; or
(3) Nothing in this Act detracts from the provisions of any other written law giving a
right of access to the record of a public body.
3. Purpose of Act.
The purpose of this Act is –
(a) to promote an efficient, effective, transparent and accountable Government;
(b) to give effect to article 41 of the Constitution by providing the right of access to
information held by organs of the State, other than exempt records and information;
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(c) to protect persons disclosing evidence of contravention of the law, maladministration or
corruption in Government bodies;
(d) to promote transparency and accountability in all organs of the State by providing the
public with timely, accessible and accurate information; and
(e) to empower the public to effectively scrutinise and participate in Government decisions
that affect them.
4. Interpretation.
In this Act, unless the context otherwise requires –
"court" means the Chief Magistrates’ Court or the High Court;
"currency point" means the value specified in relation to a currency point in the
Schedule;
"information" includes written, visual, aural and electronic information;
"information officer" means the Chief executive of a public body;
"manual" means the manual of functions of, and index of records held by a public body,
compiled under section 7;
"Minister" means the Minister to whom the functions of the Minister under this Act have
for the time being been assigned by the President;
"prescribed" means prescribed by regulations made under section 47;
"privacy" means the right of a person to keep his or her matters and relationships secret;
"proprietary information" means information relating to any manufacturing process,
trade secret, trademark, copyright, patent or formula protected by law or by
International Treaty to which Uganda is a party;
"public body" includes a government, ministry, department, statutory corporation,
authority or commission;
"record" means any recorded information, in any format, including an electronic format
in the possession or control of a public body, whether or not that body created it;
"relevant authority" means the Minister responsible for that public body or the person
designated in writing by that Minister;
"request for access" means a request for access to a record of a public body under section
11;
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"Rules Committee" means the Rules Committee established by section 40 of the
Judicature Act;
"security" means the protection of Uganda against threats such as crime, criminals and
attacks by foreign countries;
"sovereignty" means the supremacy of the state;
"third party" in relation to a request for access, means any person, including but not
limited, to the government of a foreign state, an international organisation or an organ
of that government or organisation, other than -
(a) the person requesting the record; and
(b) a public body.
PART II – ACCESS TO INFORMATION AND RECORDS.
5. Right of access.
(1) Every citizen has a right of access to information and records in the possession of the
State or any public body, except where the release of the information is likely to prejudice the
security or sovereignty of the State or interfere with the right to the privacy of any other
person.
(2) For the avoidance of doubt, information and records to which a person is entitled to
have access under this Act shall be accurate and upto date so far as is practicable.
6. Access to information and records.
A person’s right of access is, subject to this Act, not affected by –
(a) any reason the person gives for requesting access; or
(b) the information officer’s belief as to what the person’s reasons are for requesting
access.
7. Manual of functions and index of records of public body.
(1) Within six months after the commencement of this section or the coming into
existence of a public body, the information officer of the public body shall compile a
manual containing -
(a) a description of the public body and the functions of the public body;
(b) the postal and street address, phone and fax number and electronic mail address of
the information officer of the body and of every deputy information officer;
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(c) the address of the established office of the public body at which the public may
make requests and obtain information;
(d) sufficient detail, including the nature of all formal and informal procedures
available to facilitate a request for access;
(e) a description of the subjects on which the body holds records and the categories of
records held on each subject;
(f) the most recent notice published under section 8, if any, regarding the categories of
records of the body which are available without a person having to request
access under this Act;
(g) a description of the services available to members of the public from the body and
how to gain access to those services;
(h) a description of any arrangement or provision for a person by consultation, making
representations or otherwise, to participate in or influence -
(i) the formulation of policy; or
(ii) the exercise of the powers or performance of duties, by the body;
(i) a description of all remedies available in respect of an act or a failure to act by the
body; and
(j) such other information as may be prescribed.
(2) A public body shall update and publish its manual at least once in every two years.
(3) Each manual shall be made available as prescribed.
8. Disclosure and automatic availability of certain records.
An information officer shall, once in every two years, publish a description of -
(a) the categories of records of the public body that are automatically available
without a person having to request access under this Act, including the categories
available –
(i) for inspection under a written law other than this Act;
(ii) for purchase or copying from the public body; and
(iii)from the public body free of charge; and
(b) how to obtain access to those records.
9. Information in directory.
The Minister shall ensure the publication in every directory issued for general use by the
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public, of the postal and street address, phone and fax number and electronic mail address of
the information officer of every public body.
10. Information officers
For the purposes of this Act, the Chief Executive of each public body shall be responsible for
ensuring that records of the public body are accessible under this Act.
11. Form of request.
(1) A request for access to a record or information shall be in writing in the prescribed
form to the information officer of the public body in control of the record or
information required and shall provide sufficient details to enable an experienced
employee of the body to identify the record or information.
(2) The form for a request of access prescribed under subsection (1) shall require the
person requesting access -
(a) to provide sufficient particulars to enable the information officer to identify -
(i) the record or records requested; and
(ii) the person requesting the information;
(b) to indicate which applicable form of access referred to in section 20(2) is required;
(c) to specify the address of the person requesting the information; and
(d) if the request is made on behalf of a person, to state the capacity in which the
person requesting the information is making the request.
(3) A person who, because of illiteracy or disability is unable to make a request
for access in accordance with subsection (1) may make that request orally.
(4) The information officer of a public body to whom an oral request is made under
subsection (3) shall reduce the request to writing in the prescribed form and shall
provide a copy of the written request to the person requesting access.
12. Duty to assist persons
(1) Where a person informs the information officer -
(a) that he or she wishes to make a request for access to a record of the public body of
that information officer; or
(b) that he or she wishes to make a request for access to a record of another public
body, the information officer shall render such reasonable assistance, free of
charge, as is necessary to enable that person to comply with section 11.
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(2) Where a person makes a request for access that does not comply with section 11,
the information officer shall not refuse the request because of that non-compliance
unless the information officer has –
(a) notified that person of an intention to refuse the request and stated in
the notice –
(i) the reasons for the contemplated refusal; and
(ii) that the information officer or other official identified by the information
officer would assist that person in order to make the request in a form that
would remove the reasons for refusal;
(b) given the person a reasonable opportunity to seek the assistance referred to in
paragraph (a)(ii);
(c) as far as reasonably possible, furnished the person requesting access with any
information, including information about the records, other than information under
Part III that would assist the making of the request in that form; and
(c) given the person a reasonable opportunity to confirm the request or to alter it to
comply with section 11.
(3) When computing any period referred to in section 15(1), the period commencing on
the date on which notice is given under subsection (2) and ending on the date on which
the person confirms or alters the request for access concerned shall be disregarded.
(4) Where it is apparent, on receipt of a request for access, that the request should
have been made to another public body, the information officer of the public
body receiving the request shall -
(a) render any assistance necessary to enable the person requesting access to make
the request to the information officer of the appropriate public body; or
(b) transfer the request in accordance with section 13, to the appropriate information
officer,
whichever will result in the request being dealt with sooner.
13. Transfer of request.
(1) Where a request for access is made to the information officer of a public body in
respect of which -
(a) the record is not in the possession or under the control of that body but is in the
possession of another public body; or
(b) the subject matter of the record is more closely connected with the functions of
another public body than those of the public body of the information officer to
whom the request is made,
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]
the information officer to whom the request is made shall, as soon as reasonably
possible but in any event within twenty one days after the request is received -
(i) transfer the request to the information officer of the other public body; and
(ii) if the public body of the information officer to whom the request is made is in
possession of the record and considers it is helpful to do so to enable the
information officer of the other public body to deal with the request, send the
record or a copy of the record to that information officer.
(2) Upon the transfer of a request for access, the information officer making the transfer
shall immediately notify the person requesting access of -
(a) the transfer;
(b) the reasons for the transfer; and
(c) the period within which the request shall be dealt with.
14. Records that cannot be found or do not exist.
(1) Where a request for access is made to the information officer of a public body in
respect of which -
(a) the record is not in the possession or under the control of the public body of that
information officer and the information officer does not know which public body has
possession or control of the record; or
(b) all reasonable steps have been taken to find the record requested; and
(c) there are reasonable grounds for believing that the record -
(i) is in the possession of the public body but cannot be found; or
(ii) does not exist,
the information officer shall, in writing, notify the person that it is not possible to give
access to that record.
(2) The notice referred to in subsection (1) shall give a full account of all steps taken to
find the record in question or to determine whether the record exists, as the case may be,
including all communications with every person who conducted the search on behalf of
the information officer.
(3) For the purposes of this Act, the notice under subsection (1) is to be regarded as a
decision to refuse a request for access to the record.
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(4) Where, after notice is given under subsection (1), the record in question is found, the
person requesting access shall be given access to the record unless access is refused on a
ground for refusal under Part III.
15. Deferral of access.
(1) Where the information officer determines that access may be granted to a record, but
that record -
(a) is to be published within ninety days after the receipt or transfer of the request or
such further period as is reasonably necessary for printing the record for the
purpose of publishing it;
(b) is required by law to be published but is yet to be published; or
(c) has been prepared for submission to a public body, public officer or a particular
person but is yet to be submitted,
the information officer my defer giving access to the record.
(2) Where access to a record is deferred under subsection (l), the information officer shall
notify the person concerned -
(a) that he or she may, within twenty one days after that notice is given, make
representations to the information officer why the record is required before the
publication or submission; and
(b) of the likely period for which access is to be deferred.
(3) Where a person makes representation under subsection (2)(a), the information officer
shall, after due consideration of those representations, grant the request for access only if
there are reasonable grounds for believing that the person will suffer substantial prejudice if
access to the record is deferred for the period referred to in subsection (2)(b).
16. Decision on request and notice
(1) The information officer to whom a request for access is made or transferred shall,
subject to section 17, as soon as reasonably possible, be in any event, within twenty one days
after the request is received -
(a) determine in accordance with this Act, whether to grant the request; and
(b) notify the person requesting the access of the decision and, if the person stated as
required by section 11(2)(b), that he or she wishes to be informed of the decision
in any other manner, inform him or her in that manner if it is reasonable possible.
(2) Where the request for access is granted, the notice under subsection (1)(b) shall state–
(a) the fee, if any, to be paid upon access;
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(b) the form in which the access will be given; and
(c) that the person requesting access may lodge an internal appeal or an application
with the court, as the case may be, against the access fee to be paid or the form of
access granted and the procedure, including the period, for lodging the internal
application or appeal, as the case may be.
(3) Where the request for access is refused, the notice under subsection (1)(b) shall-
(a) state adequate reasons for the refusal, including the provisions of this Act relied
upon;
(b) exclude from any reasons stated under paragraph (a), any reference to the content
of the record; and
(c) state that the person may lodge an internal appeal or an application with the Court,
as the case may be, against the refusal of the request and the procedure, including
the period, for lodging the internal application or appeal as the case may be.
17. Extension of period to deal with request.
(1) The information officer to whom a request for access has been made or transferred,
may extend the period of twenty one days referred to in section 16(1), in this section
referred to as the "original period", once for a further period of not more than twenty one
days, if -
(a) the request is for a large number of records or requires a search through a large
number of records and compliance with the original period would unreasonably
interfere with the activities of the public body concerned;
(b) the request requires a search for records in, or collection of the records from, an
office of the public body not situated in the same city, town or location as the
office of the information officer that cannot reasonably be completed within the
original period;
(c) more than one of the circumstances contemplated in paragraphs (a) and (b) exist in
respect of the request, making compliance with the original period not reasonably
possible; or
(d) the person requesting for the record consents in writing to the extension.
(2) Where a period is extended under subsection (1), the information officer shall, as
soon as reasonably possible, but in any case within twenty one days, after the request is
received or transferred, notify the person requesting the record of the extension.
(3) A notice given under subsection (2) shall state -
(a) the period of the extension;
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(c) adequate reasons for the extension, including the provisions of this Act relied
upon; and
(c) that the person may lodge an internal appeal or an application with a court, as the
case may be, against the extension, and the procedure, including the period, for
lodging the internal appeal or application, as the case may be.
18. Deemed refusal of request.
Where an information officer fails to give the decision on a request for access to the person
concerned within the period contemplated under section 16, the information officer is, for the
purposes of this Act, regarded as having refused the request.
19. Severability
(1) Where a request for access is made for a record containing information which is
required or authorized or to be refused under Part III, then every part or the record, which
does not contain any such information shall be disclosed notwithstanding any other
provision of this Act.
(2) Where a request for access to -
(a) a part of a record is granted; and
(b) the other part of the record is refused,
in accordance with subsection (1), section 16(2), applies to paragraph (a) of this
subsection and section 16(3) to paragraph (b) of this subsection.
20. Access and forms of access.
(1) Where a person has been notified under section 16(1) that the request for access has
been granted, that person shall, subject to subsections (3) and (10) –
(a) where an access fee is payable, upon payment of that fee; or
(b) where no access fee is payable, immediately,
be given access in the applicable forms referred to in subsection (2) as the person
indicated in the request for access.
(2) The forms of access to a record in respect of which a request of access has been
granted are -
(a) if the record is in written or printed form, by supplying a copy of the record or by
making arrangements for the inspection of the record;
(b) if the record is not in written or printed form -
(i) in the case of a record from which visual images or printed transcriptions of
those images are capable of being reproduced by means of equipment which
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is ordinarily available to the public body concerned, by making arrangements
to view those images or be supplied with copies or transcriptions of them;
(ii) in the case of a record in which words or information are recorded in a manner
that they are capable of being reproduced in the form of sound by equipment
which is ordinarily available to the public body concerned –
(aa) by making arrangements to hear those sounds; or
(ab) if the public body is capable of producing a written or printed transcription
of those sounds by the use of equipment which is ordinarily available to it,
by supplying that transcription;
(iii)in the case of a record which is held on computer, or in electronic or machinereadable
form, and from which the public body concerned is capable of producing
a printed copy of -
(aa) the record, or a part of it; or
(ab) information derived from the record,
by using computer equipment and expertise ordinarily available to the public
body, by supplying such a copy;
(iv) in the case of a record available or capable of being made available in
computer readable form, by supplying a copy in that form; or
(v) in any other case, by supplying a copy of the record.
(3) Where a person has requested access in a particular form, access shall, subject to
section 18, be given in that form, unless to do so would -
(a) interfere unreasonably with the effective administration of the public body
concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or the public body
concerned.
(4) Where a person has requested access in a particular form and for a reason referred to
in subsection (3), access in that form is refused but access is given in another form, the
fee charged may not exceed what would have been charged if the person had been given
access in the form requested.
(5) Where a person with a disability is prevented by that disability from reading, viewing
or listening to the record concerned in the form in which it is held by the public body
concerned, the information officer shall, if that person so requests, take reasonable steps
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to make the record available in a form in which it is capable of being read, viewed or
heard by that person.
(6) Where access to a record is to be given to a person with a disability and the person
requests that access to be given in an alternative format, a copy of the record shall be
given in an alternative format -
(a) immediately, if the record exists in the alternative format that is acceptable to that
person; or
(b) within a reasonable period to allow the public body to prepare or cause to be
prepared the alternative format, unless the making of the alternative format is
considered outrageously expensive compared to the information required.
(7) Where a record is made available in accordance with subsection (5), the person shall
not be required to pay an access fee which is more than the fee which that person would
have been required to pay, but for the disability.
(8) Where a record is made available in terms of this section to a person for inspection,
viewing or hearing, that person may make copies of, or transcribe the record using his or
her equipment, unless to do so would—
(a) interfere unreasonably with the effective administration of the public body
concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or the public body
concerned.
(9) Where this section requires the supply to a person of a copy of a record, the copy
shall, if so requested by that person, be supplied by posting it to that person.
(10) Where an internal appeal or an application to the court, as the case may be, is lodged
against the granting of a request for access to a record, access to the record may be given
only when the decision to grant the request is finally confirmed.
21. Access to health or other records.
An information officer shall refuse access to health records, the disclosure of which would
constitute an invasion of personal privacy.
22. Preservation of records.
Where the information officer receives a request for access to records or information, he or
she shall ensure that the records or information concerned are properly preserved until the
request is met and where there is an appeal, until all the procedures for appeal are exhausted.
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PART III - EXEMPTION FROM ACCESS
23. Interpretation.
A provision of this Part under which a request for access to a record shall or may or may not
be refused, may not be construed as -
(a) limited in its application in any other such provision of this Part in terms of which a
request for access to a record shall or may or may not be refused; and
(b) not applying to a particular record by reason that another provision of this Part also
applies to that record.
24. Access subject to conditions
(1) a person is entitled to access information or a record of a public body if that person
complies with all the requirements of this Act relating to a request for access to that
information or record; and access to that information or record is not prohibited by this
Part.
(2) A request made under subsection (1) may be for information or records containing
personal information relating to the person requesting the information.
25. Cabinet Minutes and those of its Committees
(1) Subject to subsection (2), cabinet minutes shall not be accessible to any person other
than an authorized public officer.
(2) Notwithstanding subsection (1), the Minister may, from time to time by regulations
made under section 47, prescribe the categories of records which shall or may be released
after the expiration of seven years, fourteen years, and twenty one years respectively after
the record came into existence.
26. Protection of information relating to privacy of the person.
(1) Subject to subsection (2), an information officer may refuse a request for access if its
disclosure would involve the unreasonable disclosure of personal information about a
person, including a deceased individual.
(3) A person may be granted access to a record referred to in subsection (1) in so far as
the record consists of information -
(a) about a person who has consented in writing to its disclosure to the person
requesting the record;
(b) that was given to the public body by the person to whom it relates and the person
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was informed by or on behalf of the public body, before it is given, that the
information belongs to a class of information that would or might be made
available to the public;
(c) already publicly available;
(d) about a person who is deceased and the person requesting the information is -
(i) the person's next of kin; or
(ii) making the request with the written consent of the person's next of kin; or
(e) about a person who is or was an official of a public body and which relates to the
position or functions of the person, including, but not limited to -
(i) the fact that the person is or was an official of that public body;
(ii) the title, work address, work phone number and other similar particulars of the
person;
(iii) the classification, salary scale or remuneration and responsibilities of the
position held or services performed by the person; and
(iv) the name of the person on a record prepared by the person in the course of
employment.
27. Protection of commercial information of third party.
(1) Subject to subsection (2), the information officer shall refuse a request for access to a
record if the record contains -
(a) proprietary information as defined in section 4;
(b) scientific or technical information, the disclosure of which is likely to cause harm
to the interests or proper functioning of the public body; or
(c) information supplied in confidence by a third party, the disclosure of which could
reasonably be expected -
(i) to put that third party at a disadvantage in contractual or commercial
negotiations; or
(ii) to prejudice that third party in commercial competition.
(2) A record may not be refused under subsection (1) insofar as it consists of
information -
(a) already publicly available;
(b) about a third party who has consented in writing to its disclosure to the person
requesting for it; or
(c) about the results of any product, environmental or other investigation supplied
to or by, or carried out by or on behalf of a public body and its disclosure
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would reveal a serious public safety, public health or environmental risk.
28. Protection of certain confidential information.
(1) Subject to subsection (2), an information officer -
(a) shall refuse a request for access if the disclosure of the record would constitute an
action for breach of a duty of confidence owed to a third party in terms of an
agreement; or
(b) may refuse a request for access to a record of the body if the record consists of
information that was supplied in confidence by a third party -
(i) the disclosure of which could reasonably be expected to prejudice the future
supply of similar information, or information from the same source; and
(ii) if it is in the public interest that similar information, or information from the
same source, should continue to be supplied.
(2) A record may not be refused under subsection (1) insofar as it consists of information-
(a) already publicly available; or
(b) about the third party concerned that has consented in writing to its disclosure to the
person requesting it.
29. Protection of safety of persons and property.
An information officer -
(a) shall refuse a request for access if the disclosure of the record could reasonably be
expected to endanger the life or physical safety of a person; or
(b) may refuse a request for access to a record of the body if the disclosure of the record
is likely to prejudice or impair -
(i) the security of –
(aa) a building, structure or system, including, but not limited to a computer or
communication system;
(bb) a means of transport; or
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of -
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(aa) a person in accordance with a witness protection scheme;
(bb) the safety of the public or any part of the public;
(cc) the security of property referred to in subparagraph (b)(i).
30. Protection of law enforcement and legal proceedings.
(1) An information officer -
(a) shall refuse a request for access to a record if access to that record would deprive a
person of a right to a fair trial;
(b) may refuse a request for access if -
(i) the record contains methods, techniques, procedures or guidelines for –
(aa) the prevention, detection, curtailment or investigation of a contravention
or possible contravention of the law; or
(bb) the prosecution of alleged offenders, and the disclosure of those methods,
techniques, procedures or guidelines could reasonably be expected to
prejudice the effectiveness of those methods, techniques, procedures or
guidelines, or lead to the circumvention of the law or facilitate the
commission of an offence;
(ii) the prosecution of an alleged offender is being prepared or about to commence
or pending and the disclosure of the record could reasonably be expected -
(aa) to impede that prosecution; or
(bb) to result in a miscarriage of justice in that prosecution; or
(iii) the disclosure of the record is likely to -
(aa) prejudice the investigation of a contravention or possible contravention of
the law which is about to commence or is in progress or, if it has been
suspended or terminated, is likely to be resumed;
(bb) reveal, or enable a person to ascertain, the identity of a confidential source
of information in relation to the enforcement or administration of the law;
(cc) result in the intimidation or coercion of a witness, or a person who might
be or has been called as a witness, in criminal proceedings or other
proceedings to enforce the law;
(dd) facilitate the commission of a contravention of the law, including, but not
limited to, subject to subsection (2), escape from lawful detention; or
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(ee) prejudice or impair the fairness of a trial or the impartiality of an
adjudication.
(2) A record may not be refused under subsection (l)(b)(iii)(dd) insofar as it consists of
information about the general conditions of detention of persons in custody.
31. Protection of records privileged from production in legal proceedings.
An information officer shall refuse a request for access if the record is privileged from
production in legal proceedings unless the person entitled to the privilege has waived the
privilege.
32. Defence, security and international relations.
(1) An information officer may refuse a request for access to a record of the body if its
disclosure-
(a) is likely to prejudice the defence, security or sovereignty of Uganda;
(b) subject to subsection (3), is likely to prejudice the international relations of
Uganda; or
(c) would reveal information supplied in confidence by or on behalf of another State
or an international organisation.
(2) A record may not be refused under subsection (l)(b) if it came into existence more
than twenty years before the request.
(3) A record contemplated under subsection (1), without limiting the general effect of that
subsection, includes a record containing information -
(a) relating to military tactics or strategy or military exercise or operations undertaken
in preparation of hostilities or in connection with the detection, prevention,
suppression or curtailment of subversive or hostile activities;
(b) relating to the quality, characteristics, capabilities, vulnerabilities or deployment of
-
(i) weapons or any other equipment used for the detection, prevention, suppression
or curtailment of subversive or hostile activities; or
(ii) anything being designed, developed, produced or considered for use as
weapons or such other equipment;
(c) relating to the characteristics, capabilities, vulnerabilities, performance, potential,
deployment or functions of -
(i) any military force, unit or personnel; or
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(ii) any body or person responsible for the detection, prevention, suppression or
curtailment of subversive or hostile activities;
(d) held for the purposes of intelligence relating to -
(i) the defense of Uganda;
(ii) the detection, prevention, suppression or curtailment of subversive
or hostile activities; or
(iii) another state or an international organisation used by or on behalf
of Uganda in the process of deliberation and consultation in the conduct of
international affairs;
(e) on methods of, and scientific or technical equipment for, collecting, assessing or
handling information referred to in paragraph (d),
(f) on the identity of a confidential source and any other source of information referred
to in paragraph (d);
(g) on the positions adopted or to be adopted by Uganda, another state or an
international organisation for the purpose of present or future international
negotiations; or
(h) that constitutes diplomatic correspondence exchanged with another state or an
international organisation or official correspondence exchanged with diplomatic
missions of Uganda.
33. Operations of public bodies.
(1) An information officer may refuse a request for access -
(a) if the record contains -
(i) an opinion, advice, report or recommendation obtained or prepared; or
(ii) an account of a consultation, discussion or deliberation that has occurred,
including, but limited to, minutes of a meeting, for the purpose of assisting to
take a decision in the exercise of a power or performance of a duty conferred
or imposed by law; or
(b) if the disclosure of the record could reasonably be expected to frustrate the
deliberative process in a public body or between public bodies by inhibiting the -
(i) communication of an opinion, advice, report or recommendation; or
(ii) conduct of a consultation, discussion or deliberation.
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(2) A record may not be refused under subsection (1) if the record came into existence
more than ten years before the request concerned.
34. Mandatory disclosure in public interest.
Notwithstanding any other provision in this Part, an information officer shall grant a request
for access to a record of the public body otherwise prohibited under this Part if -
(a) the disclosure of the record would reveal evidence of -
(i) a substantial contravention of, or failure to comply with the law; or
(ii) an imminent or serious public safety, public health or environmental risk;
and
(b) the public interest in the disclosure of the record is greater than the harm
contemplated in the provision in question.
PART IV - THIRD PARTY INTERVENTION.
35. Notice to third parties.
(1) Where an information officer intends to disclose any record requested for, that
contains or that might contain -
(a) trade secrets of a third party;
(b) financial, commercial, scientific, or technical information that is confidential
information supplied to the public body by the third party;
(c) information the disclosure of which could result in material financial loss or gain,
prejudice the competitive position of the third party or interfere with contractual
or other negotiations of the third party,
the information officer shall, if the third party can be located, within twenty one days
after the request is received, give written notice to the third party of the request and
the intention to disclose the record.
(2) The third party to whom a notice is required to be given under subsection (2) may
waive the requirement and where the third party consents to the disclosure, the third party
shall be deemed to have waived the requirement.
(3) A notice given under subsection (1) shall include -
(a) the intention of the information officer to release the record;
(b) a description of the content of the record, that it belongs to and was supplied by or
relates to the third party; and
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(c) that the third party may, within twenty days after the notice, make representation
as to why the record should not be disclosed.
(4) The information officer may extend the period prescribed by subsection (3)(c) if the
time limit prescribed by section 17 is extended but the extension under this subsection
shall not exceed the extension under section 17.
36. Representation by third party.
(1) The third party to whom notice is given under section 35 shall make the representation
within the period stated in the notice; and the information officer shall, within twenty one
days of the notice, make a decision whether or not go give access to the record.
(2) The representation made under subsection (1) shall be given in writing unless the
information officer provides otherwise.
(3) The information officer shall give the third party notice of the decision
made under subsection (1) and the notice shall include a statement -
(a) that the third a party is entitled to request for a review of the decision; and
(b) that the person who requested for access will be given access unless a review is
requested.
PART V - COMPLAINTS AND APPEALS.
37. Complaints to Chief Magistrate
A person may lodge a complaint with the Chief Magistrate, against the decision of an
information officer -
(a) to refuse a request for access; or
(b) taken under section 17(1) or 20(3), in relation to that person.
38. Appeal to court
A person aggrieved by the decision of the Chief Magistrate under section 35, may, within
twenty one days after the decision is communicated to him or her, appeal to the High Court
against the decision of the Chief Magistrate.
39. Procedure
The Rules Committee shall, within six months after the commencement of this Act, makes
rules of procedure for the courts to regulate the procedure in respect of applications made
under sections 35 and 40.
40. Disclosure of records by court.
(1) Notwithstanding this Act or any other law, a court hearing an appeal against a
decision, may examine any record of a public body to which this Act applies, and no such
record may be withheld from the court on any grounds except whenever access to
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information is expressly prohibited by this Act or any other law.
(2) The court may not disclose to any person, including the parties to the proceedings
concerned, other than the public body referred to in subsection (1) -
(a) any record of a public body which, on a request for access, may have been refused
under this Act,
(b) if the information officer of a public body or the Inspector General of Government
in refusing to grant access to a record refused to confirm or deny the existence or
non-existence of the record, any information as to whether the record exists.
(3) The court under subsection (1) may -
(a) receive representation ex parte;
(b) conduct hearings in camera; and
(c) prohibit the publication of such information in relation to the proceedings as the
court determines, including information in relation to the parties to the
proceedings and the contents or orders made by the court in the proceedings.
41. Civil proceedings.
(1) For the purposes of this Part, proceedings on application are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings in an
application under this Part.
(3) The burden of establishing that -
(a) the refusal of a request for access; or
(b) any decision taken under this Act complies with the provisions of this
Act rests on the party claiming that it complies.
42. Decision of court.
The court hearing an application under section 37 may, in addition to any other order, grant
an order –
(a) confirming, amending or setting aside the decision which is the subject of the
application concerned;
(b) requiring an information officer to grant or deny access to a record of a public body;
(c) requiring the information officer or relevant authority of a public body to take such
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action or to refrain from taking such action as the court considers necessary within a
period mentioned in the order;
(d) granting an interim or specific relief, a declaratory order or compensation; or
(e) as to costs.
PART IV - MISCELLANEOUS.
43. Annual report.
(1) Each Minister shall submit an annual report to Parliament on requests for access to
records or information made to public bodies under his or her ministry in relation to the
relevant year, and shall indicate whether access was given or not and if access was not
given, state reasons for the denial.
(2) For avoidance of doubt, the annual report referred to in subsection (1) may be
included in the annual policy statement of the Ministry.
44. Protection of persons releasing information
(1) No person shall be subject to any legal, administrative or employment-related
sanction, regardless of any breach of a legal or employment obligation, for releasing
information on wrongdoing, or information which would disclose a serious threat to
health, safety or the environment, as long as that person acted in good faith and in the
reasonable belief that the information was substantially true and disclosed evidence of
wrongdoing or a serious threat to health, safety or the environment.
(2) For purposes of subsection (1), wrongdoing includes the commission of a criminal
offence, failure to comply with a legal obligation, a miscarriage of justice, corruption or
dishonesty, or maladministration regarding a public body.
45. Protection of officers.
A public officer, information officer or other person acting on the directions of such a person
is not subject to any civil or criminal liability for any act done or omitted to be done in good
faith in the exercise or performance of any power or duty under this Act.
46. Offences.
A person who with intent to deny a right of access under this Act -
(a) destroys, damages or alters a record;
(b) conceals a record; or
(c) falsifies a record or makes a false record,
commits an offence and is liable on conviction to a fine not exceeding two hundred and forty
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currency points or imprisonment not exceeding three year or both.
47. Regulations.
(1) The Minister may, by statutory instrument, make regulations for -
(a) anymatter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees including the procedures and guidelines for
determining when such fees should be waived or reduced;
(c) any notice required by this Act;
(d) forms for requests and places at which forms may be obtained;
(e) uniform criteria to be applied by the information officer when deciding which
categories of records are to be made available under section 8; and
(f) prescribing the categories of information that an information officer may refuse to
grant access to under sections 29,30,32, and 33;
(g) any administrative or procedural matter necessary to give effect to this Act.
(2) The fee for access to be prescribed by regulations under this section shall be a fee
representing the actual cost of retrieval and reproduction of the information.
(3) The Minister may prescribe in the regulations for the contravention of any
of the regulations, any penalty not exceeding two hundred and forty currency points
or imprisonment for a period not exceeding three years or both.
48. Power of Minister to amend Schedule.
The Minister may, by statutory instrument, with the approval of Cabinet, amend the
Schedule.
SCHEDULE
Section 3
CURRENCY POINT
One currency point is equivalent to twenty thousand Uganda Shillings.
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Cross References
The Constitution
The Judicature Act, Cap 13
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