This Presentation seeks to highlight the implementation of the Freedom of Information Act in Trinidad and Tobago, Outline the Statutory Provisions that exist and note some of the challenges faced in implementing and operation the Act.

1. IMPLEMENTATION &
STATUTORY PROVISION
OF THE FOIA
RISHI MAHARAJ EXECUTIVE DIRECTOR OF EQUIGOV INSTITUTE

2. Freedom Of Information Act,
1999 (Foia) – Quick Facts
Passed in August 1999
Came into force February 2001
Originated from the Harare Declaration signed by
Commonwealth Heads of Government, 1995
Based largely on the New South Wales, Australia
model
Responsibility for the Act – Minister of Information

3. FOIA, 1999 – Implementation
Preparatory work between 2000 – 2001
Sensitising of Cabinet, Public Authority Heads,
Media
Development of structure and budget for
administering agency
Establishment of the Freedom of Information Unit
(FOIU): May 2001 – September 2003; February
2009 – to Present
During the Period September 2003 to January 2009
remit for the Act fell under the Public Services
Transformation Division (PSTD)

4. Object Of The Act
3 (1) The object of this Act is to extend the right of members
of the public to access to information in the possession of
public authorities by –
(a) making available to the public information about the
operations of public authorities and
(b) creating a general right of access to information in
documentary form in the possession of public authorities
limited only by exceptions and exemptions necessary for
the protection of essential public interests and the private
and business affairs of persons in respect of whom
information is collected and held by public authorities.

5. What Bodies Are Covered By The
Act?
Public Authority
If it exercises any function on behalf of the state
if it was established by virtue of the President, by a
Minister of Government in his capacity or by another
public authority
an organization that is supported directly or indirectly
by Government funds and over which Government is in
a position to exercise control

6. Official Document
“o cial document” means a document held by a public
authority in connection with its functions as such, whether
or not it was created by that authority, and whether or not
it was created before the commencement of this Act and,
for the purposes of this de nition, a document is held by a
public authority if it is in its possession, custody or
power;

7. Exempt Documents Vs Exempt
Information
“exempt document” means a document referred to in Part
IV;
"exempt information” means information the inclusion of
which in a document causes the document to be an
exempt document;

8. Ability To Give Information
Without FOIA
(2) Nothing in this Act shall prevent a public authority
from—
(a) giving access to documents or information;
(b) amending documents,
other than as required by this Act where it has the
discretion to do so or where it is required to do so by any
written law or order of a Court.

9. How To Access Information
Acquire: forms can be obtained from any public authority
or the FOI website (www.foia.gov.tt)
Complete: One can seek assistance from designated
o cers to complete form
Submit: Forms can be submitted via mail or in person
Advise: Advise applicant of the process and 30 day period
for an o cial response and inform of further measures
that can be made if there is an unsatisfactory response

10. The Key Players

11. Redacting Information
Section . 16 (2) Where –
(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 public 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 public authority shall give
the applicant access to such a copy of the document.

12. Refusals In Certain Cases –
Section 21
A public authority dealing with a request may refuse to
grant access to documents in accordance with the
request, without having caused the processing of the
request, if the public authority is satis ed that the work
involved in processing the request would substantially
and unreasonably divert the resources of the public
authority from its other operations
and
if before refusing to provide information on these
grounds the authority has taken reasonable steps to
assist the applicant to reformulate the application so as
to avoid causing such interference.

13. Important To Note - Section 21
(4)
In deciding whether to refuse, under subsection (1), to
grant access to documents, a public authority shall not
have regard to—
(a) any reasons that the applicant gives for requesting
access;
or
(b) the public authority’s belief as to what are the
applicant’s reasons for requesting access.

14. Notice Of Refusal - Section 23
Where a decision is made 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 or that no such document exists, the public
authority shall cause the applicant to be given notice in
writing.

15. Exemption (Part IV)
There are eleven (11) exemptions
It is important to note that exceptions are not absolute.
Public authorities are required to give consideration to the
public interest in determining whether access should be
given to exempt documents.

16. Exemption (Part IV)

17. Public Interest Section 35
Notwithstanding any law to the contrary a public authority
shall give access to an exempt document where there is
reasonable evidence that signi cant:
–Abuse of authority of neglect in the performance of
o cial duty; or
–Injustice to an individual; or
–Danger to the health or safety of an individual or of the
public; or
–Unauthorised use of public funds
has or is likely to have occurred or in the circumstances
giving access to the document is justi ed in the public
interest having regard both to any bene t and to any
damage that may arise from doing so

18. Public Interest Section 35
An important thing to note about this test is that it has a
presumption in favour of disclosure.
The burden is on the public authority to show that the
public interest in withholding the information is greater
then the public interest in disclosure.

19. Public Interest Section 35
"The question of what constitutes the public interest is not
a static or circumscribed notion.” per Beezley J in
Australian Doctors' Fund Ltd v. Commonwealth of
Australia (1994) 49 FCR 478 at para. 34.
Moreover the matters must be of legitimate concern to
the public. In TV3 Network Series v. B.S.A (1995) 2 NZLR
720 at 733, a privacy case, Eichelbaum CJ stated:
"It is necessary to draw attention to the distinction
between matters properly within the public interest, in
the sense of being of legitimate concern to the public,
and those which are merely interesting to the public on
a human level- between what is interesting to the public
and what is in the public interest to be made known."

20. Public Recourse

21. Implementation Of The Act –
The Challenges
operational systems required to facilitate ongoing
compliance
Designated O cer not a dedicated function
Length of time for processing requests (30 Calendar
days) considered insu cient
enforcement body with authority to enforce compliance
outside of the Courts
De nition of a public authority
Public Management SystemsInformation/Records
Management
Enabling CultureMind-sets about the public’s right to
access
Understanding the decision making process

22. Implementation Of The Act –
The Challenges
operational systems required to facilitate ongoing
compliance
Designated O cer not a dedicated function
Length of time for processing requests (30 Calendar
days) considered insu cient
enforcement body with authority to enforce compliance
outside of the Courts
De nition of a public authority
Public Management SystemsInformation/Records
Management
Enabling CultureMind-sets about the public’s right to
access
Understanding the decision making process

23. THANK YOU
Do you have any questions?
FOR LISTENING
RISHI MAHARAJ, EXECUTIVE DIRECTOR EQUIGOV
INSTITUTE
rishi@equigov.com
1-868-461-4572
www.equigov.com