BELIZE
FREEDOM OF INFORMATION ACT CHAPTER 13
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
FREEDOM OF INFORMATION ACT 7
Amendments in force as at 31st December, 2000.
BELIZE
FREEDOM OF INFORMATION ACT CHAPTER 13
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws-Page
ARRANGEMENT OF SECTIONS 3
FREEDOM OF INFORMATION ACT 7
Amendments in force as at 31st December, 2000.
FREEDOM OF INFORMATION ARRANGEMENT OF SECTIONS
PART I
Preliminary
PART II
Publication of Certain Documents and Information
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PART III
Access to Documents
9. Right of access.
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PART IV
Exempt Documents
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PART V
Review of Decisions
Miscellaneous
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CHAPTER 13
FREEDOM OF INFORMATION
[5th May, 1994]
PART I
Preliminary
3.-(1) In this Act, unless the context otherwise requires
“applicant” means a person who has made a request;
“ Department” means a Department of the Government of Belize;
“document” includes public contracts, grants or leases of land, or any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes;
“enactment” means an Act or an instrument (including rules, regulations or bylaws) made under an Act;
“exempt document” means a document which, by virtue of a provision of Part
9 of 1994. Commencement.
Short title.
Commencement.
Interpretation.
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IV, is an exempt document;
“exempt matter” means matter the inclusion of which in a document causes the document to be an exempt document; “Minister” or “Minister administering this Act” means the Minister who has
CAP. 4. been assigned responsibility under the Constitution for information; “Ministry” means a Ministry of the Government and includes a Minister, Minister of State and officers and servants of that Ministry;
CAP. 5. “Ombudsman” means the Ombudsman established under the Ombudsman Act; “prescribed authority” means
“principal officer” means
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officer, general manager or other similar officer of that authority;
“regulations” means regulations made under this Act;
“record” shall have the same meaning as assigned to the term “document”;
“request” means a request for access to a document or record made in accordance with this Act;
“responsible Minister” means
(2) References in this Act to a Ministry shall include a reference to a Department of Government.
4. For the purposes of this Act -Act not to apply to courts and registries.
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Office of the Governor-General not to be deemed to be a Department.
Publication of
information concerning documents.
5. The Office of the Governor-General shall not be deemed to be a Department of Government for the purposes of this Act.
PART II
Publication of Certain Documents and Information
6.-(1) The responsible Minister or principal officer of a Ministry or prescribed authority shall
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thereafter at intervals of not more than 12 months, cause to be published statements bringing up to date the information contained in the previous statement or statements published under that subparagraph.
7.-(1) This section applies to documents that are provided by the Ministry or prescribed authority for the use of, or are used by the Ministry or prescribed authority or its officers in making decisions or recommendations, under or for the purposes of an enactment or scheme administered by the Ministry or prescribed authority, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons are or may be entitled or subject, being
Certain documents to be available for inspection and purchase.
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under this Act,
but not including documents that are available to the public as published otherwise than by a Ministry or prescribed authority.
(c) within 12 months after the publication of the statement under paragraph (b) and thereafter at intervals of not more than 12 months, cause to be published in the Gazette, statements bringing up to date information contained in the previous statement or statements.
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principal officer shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt matter, and cause the document so prepared to be dealt with in accordance with subsection (2).
(5) Subsections (2) and (3) apply in relation to a Ministry or prescribed authority that comes into existence after the commencement of this Act as if the references in those subsections to the commencement of this Act were references to the day on which the Ministry or prescribed authority comes into existence.
8. If a document required to be made available in accordance with section 7, being a document containing a rule, guideline or practice relating to a function of a Ministry or prescribed authority, was not made available and included in a statement in the Gazette, as referred to in that section, a member of the public who was not aware of that rule, guideline or practice shall not be subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him if he could lawfully have avoided that prejudice had he been aware of that rule, guideline or practice.
PART III
Access to Documents
Where
(a) a document is open to public access, as part of a public register or otherwise, in accordance with another enactment; or
Unpublished documents not to prejudice public.
Right to access.
Procedure for obtaining access to certain documents.
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Access to documents apart from this Act.
Requests for access.
(b) a document is available for purchase by the public in accordance with arrangements made by a Ministry or prescribed authority,
the access to that document shall be obtained in accordance with that enactment or arrangement, as the case may be.
11. Nothing in this Act is intended to prevent or discourage Ministries and prescribed authorities from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so.
12.-(1) A person who wishes to obtain access to a document of a Ministry or prescribed authority shall make a request in writing to the Ministry or prescribed authority for access to the document.
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specified authority.
(5) Where a request in writing is made to a Ministry or prescribed authority for access to a document, the Ministry or prescribed authority, as the case may be, shall not refuse to comply with the request on the ground
without first giving the applicant a reasonable opportunity of consultation with the Ministry or prescribed authority with a view to the making of a request in a form that would remove the ground for refusal.
13.-(1) Where -Transfer of requests.
the Ministry or prescribed authority to which the request is made may transfer the request to the other Ministry or prescribed authority and inform the person making the request accordingly and, if it is necessary to do so in order to enable the other Ministry or prescribed authority to deal with the request, send the
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Requests involving use of computers, etc.
document to the other Ministry or prescribed authority.
(2) Where a request is transferred to a Ministry or prescribed authority in accordance with this section, it shall be deemed to be a request made to that Ministry or prescribed authority and received at the time at which it was originally received.
14.-(1) Where
(i) the use of a computer or other equipment that is ordinarily available to the Ministry or prescribed authority for retrieving or collating stored information; or
(ii) the making of a transcript from a sound recording held in the Ministry or prescribed authority,
the Ministry or prescribed authority shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the Ministry or prescribed authority had such a document in its possession.
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16. If a request to a Ministry or prescribed authority
the Ministry or prescribed authority shall take all reasonable steps to enable the applicant to be notified of a decision on the request as soon as practicable but in any case not later than two weeks after the day on which the request is received by or on behalf of the Ministry or prescribed authority.
17.-(1) Access to a document may be given to a person in one or more of the following forms:
Access to documents to be given on request.
Time within which formal requests to be decided.
Forms of access.
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copy of the document;
(2) Subject to subsection (3) and to section 19, where the applicant has requested access in a particular form, access shall be given in that form.
(3) If the form of access requested by the applicant
access in that form may be refused and access given in another form.
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| 18.-(1) A Ministry or prescribed authority which receives a request may defer | Deferment of |
|---|---|
| the provision of access to the document concerned until the happening of a | access. |
| particular event (including the taking of some action required by law or some | |
| administrative action), or until the expiration of a specified time, where it is | |
| reasonable to do so in the public interest or having regard to normal and proper | |
| administrative practices. | |
| (2) Where the provision of access to a document is deferred in accor | |
| dance with subsection (1), the Ministry or prescribed authority shall, in inform | |
| ing the applicant of the reasons for the decision, indicate, as far as practicable, | |
| the period for which the deferment will operate. | |
| 19.-(1) Where | Deletion of |
| exempt matter. | |
| (a) a decision is made not to grant a request for access to a | |
| document on the ground that it is an exempt document; | |
| (b) it is practicable for the Ministry or prescribed authority to | |
| grant access to a copy of the document with such deletions | |
| as to make the copy not an exempt document; and | |
| (c) it appears from the request, or the applicant subsequently | |
| indicates, that the applicant would wish to have access to | |
| such a copy, | |
| the Ministry or prescribed authority shall grant access to such a copy of the | |
| document. | |
| (2) Where access is granted to a copy of a document in accordance | |
| with subsection (1) | |
| (a) the applicant shall be informed that it is such a copy and | |
| also be informed of the provisions of this Act by virtue of | |
| which any matter deleted is exempt matter; and |
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Decision to be made by authorized persons.
Reasons and other particulars of decisions to be given.
(b) section 21 does not apply to the decision that the applicant is not entitled to access to the whole of the document unless the applicant requests the Ministry or prescribed authority to furnish him with a notice in writing in accordance with that section.
20. A decision in respect of a request made to a Ministry or prescribed authority may be made, on behalf of the Ministry or prescribed authority, by the responsible Minister or the principal officer of the Ministry or prescribed authority or, subject to the regulations, by an officer of the Ministry or prescribed authority acting within the scope of authority exercisable by him in accordance with the arrangements approved by the responsible Minister or the principal officer of the Ministry or prescribed authority.
21.-(1) Where, in relation to a request for access to a document of a Ministry or prescribed authority, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred, the Ministry or prescribed authority shall cause the applicant to be given notice in writing of the decision, and the notice shall
(2) A Ministry or prescribed authority is not required to include in a notice under subsection (1) any matter that is of such a nature that its inclusion
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in a document would cause that document to be an exempt document.
PART IV
Exempt Documents
22.-(1) A document is an exempt document if disclosure of the document under this Act would be contrary to the public interest for the reason that the disclosure
Documents affecting national security, defence, and international relations.
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Cabinet documents.
Documents affecting enforcement and administration of the law.
23.-(1) A document is an exempt document if it is
24. A document is an exempt document if its disclosure under this Act would, or would be reasonably likely to
(a) prejudice the investigation of a breach or possible breach of the law or the enforcement or proper admin-
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istration of the law in a particular instance;
27.-(1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person).
Documents to which secrecy provisions of enactments apply.
Certain documents concerning operations of Ministries, etc.
Documents affecting personal privacy.
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Documents affecting legal proceedings or subject to legal professional privilege.
Documents relating to trade secrets, etc.
29.-(1) A document is an exempt document if its disclosure under this Act would disclose information concerning a person in respect of his business or professional affairs or concerning a business, commercial or financial undertaking, and
(a) the information relates to trade secrets or to other matter the disclosure of which under this Act would be reason-
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ably likely to expose the person or undertaking unreasonably to disadvantage; or
(b) the disclosure of the information under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to impair the ability of the Government or a prescribed authority to obtain similar information in the future.
(2) The provisions of subsection (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of information concerning that person in respect of his business or professional affairs or of information concerning a business, commercial or financial undertaking of which that person, or a person on whose behalf that person made the request, is the proprietor.
Documents affecting national economy.
Documents containing material obtained in confidence.
Documents the disclosure of which would be contempt of National Assembly or contempt of court.
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Crown privileges in judicial proceedings not
affected.
Duty of authorities to act in good faith.
Applications to Ombudsman.
PART V
Review of Decisions
35.-(1) Application may be made to the Ombudsman for review of a decision refusing to grant access to a document in accordance with a request or deferring the provision of access to a document.
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respect of a document, the powers of the Ombudsman do not extend to reviewing the decision to give the certificate or the existence of proper grounds for the giving of the certificate.
37.-(1) Where
(a) an application for review of a decision has been made in
Internal review.
Time for application to Ombudsman.
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accordance with section 36; and
(b) the application for review is refused or the applicant has not been informed of the result of the review within 14 days after the day on which he made that application,
the applicant may apply to the Ombudsman for review of the decision refusing to grant access to a document, within 21 days of the date on which he is notified of the decision refusing the review or within 21 days after the expiry of the period of 14 days mentioned in paragraph (b) of subsection (1) above.
(2) Where
the principal officer shall, for the purpose of enabling an application to be made to the Ombudsman under section 35, be deemed to have made on the last day of that period, a decision refusing to grant access to the document, and the applicant may apply to the Ombudsman to grant access to the document in question within 21 days of the expiry of the said period of 14 days.
(3) Before dealing further with an application made by virtue of this section, the Ombudsman may, on the application of the Ministry or prescribed authority concerned, allow further time to the Ministry or prescribed authority to deal with the request.
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(4) Notwithstanding the period of limitation mentioned in this section, the Ombudsman may, in his discretion, grant further time to the applicant if he is of the opinion that there has been no unreasonable delay in making the application.
40.-(1) Where there are proceedings before the Ombudsman under this Act in relation to a document that is claimed to be an exempt document, and the Ombudsman is not satisfied, by evidence on affidavit or otherwise that the document is an exempt document, he may require the document to be produced for inspection by him only and if, upon the inspection, he is satisfied that the document is an exempt document, he shall return the document to the person by whom it was produced without permitting any other person to have access to the document or disclosing the contents of the document to any other person.
(2) The Ombudsman may require the production, for inspection by him only, of an exempt document for the purposes of determining whether it is practicable for a Ministry or prescribed authority to grant access to a copy of the document with such deletions as to make the copy not an exempt document and, where an exempt document is produced by reason of such a requirement, he shall return the document to the person by whom it was produced without permitting any other person to have access to the document, or disclosing the contents of the document to any other person.
Burden of proof.
Powers of Ombudsman to make orders.
Production of exempt documents.
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Evidence of certificates.
Powers of
Ombudsman in
relation to
witnesses, etc.
Appeal against
Ombudsman’s
decision.
CAP. 91.
Protection against actions for defamation or breach of confidence.
PART VI
Miscellaneous
44.-(1) Where access has been given to a document and
(a) the access was required by this Act to be given; or
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(b) the access was authorized by a Minister, or by an officer having authority, in accordance with section 20 or 36, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given,
no action for defamation or breach of confidence lies by reason of the authorizing or giving of the access, against the Government or a prescribed authority or against the Minister or officer who authorised the access or any person who gave the access.
(2) The giving of access to a document (including an exempt document) in consequence of a request shall not be taken, for the purposes of the law relating to defamation or breach of confidence, to constitute an authorization or approval of the publication of the document or of its contents by the person to whom the access was given.
45. Where access has been given to a document and
neither the person authorising the access nor any person concerned in the giving of the access is guilty of a criminal offence by reason only of the authorising or giving of the access.
46.-(1) The Minister administering this Act shall, as soon as practicable after the end of each year ending on 31st December, prepare a report on the operation of this Act during that year and cause a copy of the report to be laid before each House of the National Assembly.
Protection in respect of offences.
Reports to National Assembly.
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Regulations.
(2) Each Ministry or prescribed authority shall furnish to the Minister administering this Act such information as he requires for the purposes of the preparation of reports under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section.
47.-(1) The Minister may make regulations not inconsistent with this Act prescribing all matters that by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, making provision for or in relation to
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