Related documents
- Is commenced by Access to Information (Commencement) Instrument, 2006
Uganda
Access to Information Act, 2005
Act 6 of 2005
- Published in Uganda Gazette 42 on 19 July 2005
- Assented to on 7 July 2005
- Commenced on 20 April 2006 by Access to Information (Commencement) Instrument, 2006
- [This is the version of this document from 19 July 2005.]
Part I – Preliminary
1. Short title and commencement
2. Application
3. Purpose of Act
The purpose of this Act is—4. Interpretation
In this Act, unless the context otherwise requires—"court" means the Chief Magistrates’ Court or the High Court;"currency point" means the value specified in relation to a currency point in the Schedule;"information" includes written, visual, aural and electronic information;"information officer" means the Chief Executive of a public body;"manual" means the manual of functions of, and index of records held by a public body, compiled under section 7;"Minister" means minister to whom the functions of the Minister under this Act have for the time being been assigned by the President;"prescribed" means prescribed by regulations made under section 47;"privacy" means the right of a person to keep his or her matters and relationships secret;"proprietary information" means information relating to any manufacturing process, trade secret, trademark, copyright, patent or formula protected by law or by International Treaty to which Uganda is a party;"public body" includes a government ministry, department, statutory corporation authority or commission;"record" means any recorded information, in any format, including an electronic format in the possession or control of a public body, whether or not that body created it;"relevant authority" means the Minister responsible for that public body or the person designated in writing by that Minister;"request for access" means a request for access to a record of a public body under section 11"Rules Committee" means the Rules Committee established by section 40 of the Judicature Act;"security" means the protection of Uganda against threats such as crime, criminals and attacks by foreign countries;"sovereignty" means the supremacy of the State;“third party” in relation to a request for access, means any person, including but not limited, to the government of a foreign state, an international organisation or an organ of that government or organisation, other than —(a)the person requesting the record; and(b)a public body.Part II – Access to information and records
5. Right of access
6. Access to information and records
A person’s right of access is, subject to this Act, not affected by —7. Manual of functions and index of records of public body
8. Disclosure and automatic availability of certain records
An information officer shall, once in every two years, publish a description of —9. Information in directory
The Minister shall ensure the publication in every directory issued for general use by the public, of the postal and street address, phone and far number and electronic mail address of the information officer of every public body.10. Information officers
For the purposes of this Act, the Chief Executive of each public body shall be responsible for ensuring that records of the public body are accessible under this Act.11. Form of request
12. Duty to assist persons
13. Transfer of request
14. Records that cannot be found or do not exist
15. Deferral of access
16. Decision on request and notice
17. Extension of period to deal with request
18. Deemed refusal of request
Where an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request.19. Severability
20. Access and forms of access
21. Access to health or other records
An information officer shall refuse access to health records, the disclosure of which would constitute an invasion of personal privacy.22. Preservation of records
Where the information officer receives a request for access to records or information, he or she shall ensure that the records or information concerned are properly preserved until the request is met and where there is an appeal, until all the procedures for appeal are exhausted.Part III – Exemption from access
23. Interpretation
A provision of this Part under which a request for access to a record may or may not be refused, may not be construed as —24. Access subject to conditions
25. Cabinet minutes and those of its Committees
26. Protection of information relating to privacy of the person
27. Protection of commercial information of third party
28. Protection of certain confidential information
29. Protection of safety of persons and property
An information officer —30. Protection of law enforcement and legal proceedings
31. Protection of records privileged from production in legal proceedings
An information officer shall refuse a request for access if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.32. Defence, security and international relations
33. Operations of public bodies
34. Mandatory disclosure in public interest
Notwithstanding any other provision in this Part, an information officer shall grant a request for access to a record of the public body otherwise prohibited under this Part if —Part IV – Third party intervention
35. Notice to third parties
36. Representation by third party
Part V – Complaints and appeals
37. Complaints to Chief Magistrate
A person may lodge a complaint with the Chief Magistrate, against the decision of an information officer —38. Appeal to court
A person aggrieved by the decision of the Chief Magistrate under section 35, may, within twenty one days after the decision is communicated to him or her, appeal to the High Court against the decision of the Chief Magistrate.39. Procedure
The Rules Committee shall, within six months after the commencement of this Act, make rules of procedure for the courts to regulate the procedure respect of applications made under sections 35 and 40.40. Disclosure of records by court
41. Civil proceedings
42. Decision of court
The court hearing an application under section 37 may, in addition to any other order, grant an order —Part VI – Miscellaneous
43. Annual report
44. Protection of persons releasing information
45. Protection of officers
A public officer, information officer or other person acting on the directions of such a person is not subject to any civil or criminal liability for any act done or omitted to be done in good faith in the exercise or performance of any power or duty under this Act.46. Offences
A person who with intent to deny a right of access under this Act-47. Regulations
48. Power of Minister to amend Schedule
The Minister may, by statutory instrument with the approval of Cabinet, amend the Schedule.History of this document
20 April 2006
19 July 2005 this version
07 July 2005
Assented to