HISTORICAL BACKGROUND
The Freedom of Information Act was approved in 1999 and went into effect in February 2001. (1) Any person may request official documents in any form from public authorities, including public corporations and private bodies that are exercising state power. Response to information requests should be made within 30 days.
There are exemptions for Cabinet documents less than 10 years old, defense and security, international relations, internal working documents, law enforcement, privilege, personal privacy, trade secrets, confidence, and documents protected by another law. There is a public-interest test that allows documents to be released if there is "reasonable evidence" of a significant abuse or neglect of authority, injustice to an individual, danger to the health of an individual, or the unauthorized use of public funds.
The Act does not apply to the President and the judicial functions of the courts. The President may also issue a decree exempting agencies from coverage under the Act.
Those denied can appeal to the Ombudsman who may issue a recommendation which is not binding on the agency concerned. (2) The Ombudsman received four complaints in 2001 and ten complaints in 2002. Appeals can also be made to the High Court for judicial review.
The Act also requires public authorities to publish information relating to the structure and functions of the authority, rules, manuals and other documents on making decisions.
The Act was amended in 2003 to clarify that the minister in charge of the act would be appointed by the government rather than set in the Act after the original ministry was abolished and to clarify which ministry can certify national security documents. (3)
Implementation is overseen by the FOI Unit of the Ministry of Public Administration and Information. (4) Regulations setting fees and other issues have not been finalized.
Notes
1. Freedom of Information Act, 1999. Act 26 of 1999. http://www.foia.gov.tt
2. Homepage: http://www.ombudsman.gov.tt/
3. The Freedom of Information (Amendment) Act, No. 14 of 2003. 7 April 2003. http://www.ttparliament.org/bills/house/2002/b2002h08.htm
4. Home page: http://www.foia.gov.tt