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FREQUENTLY ASKED QUESTIONS
1. What does the Act do?

The Access to Information Act gives a general right of access to information to records held by public authorities, except to the extent that such records are protected from disclosure by one of the nine (9) exemptions. The Act seeks to reinforce the basic principles of:

  • Government accountability
  • Transparency; and
  • Public participation in national decision-making.
2. What does the Act cover?
At present, only public authorities are covered by the Act. These include Government Ministries, Agencies and Departments, Statutory Bodies, Parish Councils, wholly-owned Government companies or those in which the Government has more than 50% shares, publicly-funded educational institutions.
3. What information is available under the Access to Information Act?
All official documents created or held by public authorities not earlier than thirty (30) years.
4.What are Official Documents?
Official documents are documents in the possession, custody or control of a Government Body and which are connected with its functions.
5. Who will be granting access?
Permanent Secretaries and other designated officers such as:
  • Information/Documentation Managers
  •  Access Officers
  • Registry Staff
6. What are people’s rights under the Act?
The Access to Information Act (2002) gives persons the legal right to:
  •  See documents held by Government bodies
  • Ask for personal information to be changed if it is incomplete, out dated, incorrect or misleading July 24, 2007ant access to a document or amend or annotate a personal record

The Act also requires Government Bodies to make available detailed information about the:

  • Way they are organized
  • Functions they have
  • Kinds of decisions they make
  • Arrangements they have for public involvement for their work
  • Documents they hold and how the public may see them
  • Rules and practices which are used in making decisions which affect the public
7. Can I see all Official Documents?

No. There are documents which are exempt from disclosure under the Act. These are documents which it is believed should be kept confidential to protect essential public interests or the private/business affairs of others. Similar statutes internationally recognize these concerns as well and make similar provisions.

Some exempt documents are however subject to public interest tests. Release of exempt documents may also be achieved through an Order of the Minister responsible for Information or after the expiration of 20 years after their creation, or such shorter or longer period as the Minister may specify by Order.

 
 
 
  Last Updated: January 14, 2008    
The Access to Information Unit
5-9 South Odeon Avenue, Kingston 10 Jamaica W.I.
Tel: (876) 968-3166, 968-8282 Fax: 906-4667
Email: ati@cwjamaica.com


Designed by: Jamaica Information Service