Using the Access to Information Act to get public records

Article 35 of the Constitution gives every citizen the right of access to information held by the State, and information held by another person that is required to exercise or protect a right. The Access to Information Act, 2016 puts this into practice.

Making a request

1. Write to the public entity’s information access officer, describing the information sought.
2. The request may be made in writing or, where you cannot write, orally (the officer must reduce it to writing).
3. No reason is required for requests to public bodies.

Timelines

The entity must respond within 21 days — or 48 hours where the information concerns the life or liberty of a person.

Exemptions

Information may be withheld in limited cases, such as national security, personal privacy or commercial confidentiality. The entity must give reasons, and exemptions are interpreted narrowly.

If you are refused

Apply to the Commission on Administrative Justice (the Office of the Ombudsman) for review. Its decisions can be appealed to the High Court.

Fees

Information should be provided at no cost or at a reasonable cost of reproduction.

This article is general information, not legal advice on your situation.

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