Is it possible to appeal against the decision of the Information Officer?

If the Information Officer of the relevant public authority refuses to provide any information requested by you under the Right to Information Act, you can file an appeal against that refusal. A special feature of the Right to Information Act is the introduction of such an appeal system as a possible follow-up action if an Information Officer rejects a request for information made by someone.   

In particular, if an information officer rejects a request for information, the applicant must be notified of some special circumstances. That is,

• Reason for refusing the request to access the relevant information 
• The time frame within which an appeal can be lodged against that denial and 
• The person to whom the appeal should be referred etc.

Accordingly, you can appeal to the Designated Officer within 14 days from the date of receipt of the refusal to provide the information. An appeal can be lodged if the reasons for the delay are beyond your control, even if the 14 -day period is somehow exceeded.

Accordingly, there are instances under which you can file an appeal under Section 31 of the Act. They are as follows.

• If the Information Officer directly refused the request for information
• If the Information Officer refuses to release information that is not an exception under the Act
• If he/she refuses to disclose the information
• If not in accordance with the relevant time frame 
• If incomplete, misleading, or inaccurate information is provided
• If he/she charge extra for providing  information and 
• If you reasonably believe that the requested information has been distorted, destroyed or misplaced 

you can appeal. 

You will be issued a receipt stating that the appeal has been received within three working days after the appeal is made to the Designated Officer. He/She should then make a decision and notify you within 3 weeks.

As well as if you are not satisfied with the response to the appeal made to the Designated Officer against the decision of the Information Officer or, if the Designated Officer fails to provide a decision on the relevant appeal within 3 weeks; it is also possible to appeal to the Commission against the decision of the Designated Officer.