Yes, the law should be applied to all relevant public authorities, including ministries, state agencies, and local authorities.
The Federal RTI law should ensure effective alignment with the constitutional delineation of powers between the state and federal government in its scope and administration of the law.
By default, all information held by public officials should be proactively disclosed on their website/s.
In the event, you may need to access information, it should be in both a digital and physical format via email, in person or other accessible methods.
There should also be meaningful access for persons with disabilities.
Under the RTI law, everyone has not just access but EASY access to information. This means where you can get that information is also easily accessible. The list of government agencies that hold information is expected to be consistently updated and publicly shared.
This legislation imposes a requirement to disclose information at all levels of government but it allows each state to retain its administration and scope of information disclosure.
The new RTI legislation should ensure effective alignment with the constitutional delineation of powers between the state and federal government in its scope and administration of the law.
Absolutely not! You do not have to provide any reason whatsoever.
Vexatious requests could however be rejected.
Of course you may use it! The RTI law should be used to gain information on your needs and engage with your local authorities.
This will nurture participatory democracy among the local citizens and allow them to play an active role in engaging actively with the government.
Do not worry! No information that contains personal data or identifiable personal information will be made public. Information that threatens national security or defence will also not be shared with the public.
Any restrictions or non-disclosure will undergo a harm test or public interest test. You can find a list of exemptions here.
Don’t worry! Personal data is being protected under RTI law since it involves sensitive data.
Information can only be disclosed if it pertains to public interest and affects people at large.
All information disclosed should be proactively published under a disclosure scheme, ensuring it is public to all and preventing its misuse.
If you are a resident of Selangor and Penang, you can file an FOI request in the respective states. All state agencies in Selangor and Penang have information officers to handle information requests. All you have to do is fill in a form! Visit the Tumpang Tanya website to find out more.
Yes, there are quite a few.
Yes, information can still be classified under the Official Secrets Act (OSA) on the basis of restricted grounds as stated in the OSA.
However, the information officer will have to justify why that information cannot be disclosed on the basis of the harm it might cause to public interest.
Further, on appeal the Information Commission can still require documents to be declassified based on public interest.
Then you can appeal to the Information Commission. You can also avail yourself to court processes if your appeal fails.
Yes! You may have to pay a minimal cost for reproduction of that information. This could include the cost for digitization or physical reproduction (printing or photocopying).
Yes, it can. The Federal Constitution has lists regarding the exercise of administration and information by federal government, state government or both called the Federal List, State List and Concurrent List.
This will allow these laws to coexist and discern which bodies have control over information in which institutions.
Yes! The Information Commission can call the information officers to a hearing to explain their reasons for rejecting any information requested.
No, they would not be.
The RTI law should not be punitive and should provide protection against any liability for public authorities, including information officers who disclose information in good faith under the legislation.
We know it adds more scrutiny to the government, but in an era of distrust towards the government, by adding a layer of accountability, transparency, and openness, we can fill in the gaps in that trust deficit, increasing public sentiment of the government.
Proactive disclosure or publication schemes would also prevent misinformation or disinformation, as public information would be readily accessible.