Think of this law like giving members of the public a right to look at government homework. If you want to know how a government department spent money or made a specific decision, you can write to them and ask for the records. The department must search for the documents and share them with you, unless revealing them would cause harm to things like someone's private life or national security.
This Act gives everyone the right to access records and documents held by government departments, state-owned companies, and statutory bodies in Saint Kitts and Nevis.
It requires government bodies to publish information regularly and creates an independent Information Commissioner to oversee requests and handle complaints.
To get records from a public body, you must follow these rules:
- Send a request in writing with enough detail so an officer can find the record.
- If you cannot write due to a disability or illiteracy, you can make an oral request and an official must write it down for you.
- The government office must reply within 30 working days, though they can extend it to 40 working days for large requests.
- If your request is needed to protect someone's life or liberty, the office must reply within 7 days.
- You do not pay fees for personal records or requests made in the public interest.
A public body can refuse your request under specific exceptions set by the law, including:
- Unreasonably revealing someone's private personal information.
- Revealing trade secrets, commercial secrets, or confidential government legal advice.
- Disclosing Cabinet discussions, papers, or decisions that have not been published.
- Endangering national defense, security, or ongoing criminal investigations.
If you expose government wrongdoing in good faith, you cannot be sued or punished at work. This protection applies when reporting:
- Misuse of public funds, corruption, or abuse of authority.
- Crimes, miscarriages of justice, or serious threats to public health and safety.
However, making a report maliciously or knowing it is false is a crime that carries a fine up to $5,000, up to 2 years in prison, or both.
It is a crime to deliberately block access to records, destroy documents without authority, or interfere with the Information Commissioner's work. Convicted persons face:
- A fine up to $5,000.
- Up to 2 years in prison, or both.
This law comes into force on a date chosen by the Minister responsible for justice and published in the Official Gazette.
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