Right to Information Act
| Coming into Force | 01 January 2016 |
| Year | 2016 |
| Act Number | 12 |
| Citation | No. 12 of 2016 |
WHEREAS the Constitution guarantees the right of access to information in Article 14A thereof and there exists a need to foster a culture of transparency and accountability in public authorities by giving effect to the right of access to information and thereby promote a society in which the people of Sri Lanka would be able to more fully participate in public life through combating corruption and promoting accountability and good governance. BE it therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
(1) This Act may be cited as the Right to Information Act, No. 12 of 2016.(2) The provisions of this section, Part IV, sections 23, 36, 40, 41, 42, 43 and 44 shall come into operation on the date on which the certificate is endorsed in respect of this Act in terms of Article 79 of the Constitution.(3) The provisions of all other sections of this Act, shall come into operation in respect of such public authorities or categories of public authorities and on such dates as may be prescribed by the Minister by Order published in the Gazette:Provided however, that the dates so prescribed shall be at least six months after the certification referred to in subsection (2) above, and that all provisions of this Act shall be applicable to all public authorities no later than one year of such certification.
It shall be the responsibility of the Ministry of the Minister assigned the subject of mass media to ensure the effective implementation of the provisions of this Act.PART IAPPLICATION OF THE PROVISIONS OF THE ACT
(1) Subject to the provisions of section 5 of this Act, every citizen shall have a right of access to information which is in the possession, custody or control of a public authority.(2) The provisions of this Act, shall not be in derogation of the powers, privilages and practices of Parliament.
4. The provisions of this Act shall have effect notwithstanding anything to the contrary in any other written law and accordingly in the event of any inconsistency or conflict between the provisions of this Act and such other written law, the provisions of this Act shall prevail.PART II DENIAL OF ACCESS TO INFORMATION
5. (1) Subject to the provisions of subsection (2) a request under this Act for access to information shall be refused, where- (a) the information relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the larger public interest justifies the disclosure of such information or the person concerned has consented in writing to such disclosure; (b) disclosure of such information– (i) would undermine the defence of the State or its territorial integrity or national security; (ii) would be or is likely to be seriously prejudicial to Sri Lanka’s relations with any State, or in relation to international agreements or obligations under international law, where such information was given by or obtained in confidence; (c) the disclosure of such information would cause serious prejudice to the economy of Sri Lanka by disclosing prematurely decisions to change or continue government economic or financial policies relating to- (i) exchange rates or the control of overseas exchange transactions; (ii) the regulation of banking or credit; (iii) taxation; (iv) the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or (v) the entering into of overseas trade agreements; (d) information, including commercial confidence, trade secrets or intellectual property, protected under the Intellectual Property Act, No. 36 of 2003, the disclosure of which would harm the competitive position of a third party, unless the public authority is satisfied that larger public interest warrants the disclosure of such information; (e) the information could lead to the disclosure of any medical records relating to any person, unless such person has consented in writing to such disclosure; (f) the information consist of any communication, between a professional and a public authority to whom such professional provides services, which is not permitted to be disclosed under any written law, including any communication between the Attorney General or any officer assisting the Attorney General in the performance of his duties and a public authority; (g) the information is required to be kept confidential by reason of the existence of a fiduciary relationship; (h) the disclosure of such information would- (i) cause grave prejudice to the prevention or detection of any crime or the apprehension or prosecution of offenders; or (ii) expose the identity of a confidential source of information in relation to law enforcement or national security, to be ascertained; (i) subject to the provisions of section 29(2)(c), the information has been supplied in confidence to the public authority concerned by a third party and the third party does not consent to its disclosure; (j) the disclosure of such information would be in contempt of court or prejudicial to the maintenance of the authority and impartiality of the judiciary; (k) the disclosure of such information would infringe the privileges of Parliament or of a Provincial Council as provided by Law; (l) disclosure of the information would harm the integrity of an examination being conducted by the Department of Examination or a Higher Educational Institution; (m) the information is of a cabinet memorandum in relation to which a decision has not been taken; or (n) the information relates to an election conducted by the Commissioner of Elections which is required by the relevant election laws to be kept confidential. (2) Notwithstanding the provisions of subsection (1), a request for information shall not be refused on any of the grounds referred to therein, other than the grounds referred to in paragraphs (a), (b), (d), (e), (f), (g), (h) and (j) of that subsection, if the information requested for is over ten years old.(3) Any information relating to any overseas trade agreement referred to in subsection (1) (c ) (v) of this section, where the negotiations have not concluded even after a lapse of ten years shall not be disclosed.(4) Notwithstanding the provisions of subsection (1), a request for information shall not be refused where the public interest in disclosing the information outweighs the harm that would result from its disclosure.(5) An information officer may seek the advice of the Commission, with regard to an issue connected with the grant of access to any information which is exempted from being disclosed under subsection (1), and the commission may as expeditiously as possible and in any event give its advice within fourteen days.
6. Where a request for information is refused on any of the grounds referred to in section 5, access shall nevertheless be given to that part of any record or document which contains any information that is not exempted from being disclosed under that section, and which can reasonably be severed from any part that contains information exempted from being disclosed.PART III DUTIES OF MINISTERS AND PUBLIC AUTHORITIES
7. (1) It shall be the duty of every public authority to maintain all its records duly...
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