Frequently Asked Question on RTI
General Information
What is the right to information?
Who can request for information?
Any person holding Sri Lankan citizenship regardless of age, as well as an organization with membership comprised of ¾ of Sri Lankan citizens can request information. An organization does not have to be registered, to request information.
What is information?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Does the information I request have to be related to me personally?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
What are public authorities?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Who is the Information Officer?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Who is the Designated Officer?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
What is the Right to Information Commission?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
What kind of information can I get?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
What kind of information can I not get?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Do I need to give reasons for my request for information?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Is there any information I can obtain without making a formal request?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Can I make a complaint about the information provided under proactive disclosure?
Any material recorded in any form including records, documents, memos, emails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, correspondence, memorandum, draft legislation, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy of them.
Process
How do I obtain information?
Make a written request to the Information Officer of the relevant public authority. You may use the RTI 01 Form or as a letter. Requests may be made verbally or through email or fax. In such a case, the Information Officer must fill in an RTI 01 Form for you. Include the format and language you need the information in. – Regulation No. 4(1) of Gazette /S.24(1) RTI Act
(CLICK HERE TO READ RTI ACT SEC:24(1))
If your information relates to the life and personal liberty of a citizen then state so in the written request, and you are entitled to receive the information within 48 hours. – Regulation No. 3(5) of Gazette
Will I have to pay for any assistance I get from the Information Officer?
No. The Information Officer must provide reasonable assistance to a citizen free of charge. S. 23(2) and S.24(2) RTI Act /Regulation No. 4(1) of the Gazette
Do I need to pay a fee to obtain information?
The fee may be prescribed by the relevant public authority. If not prescribed, then the fee schedule in the Extraordinary Gazette No. 2004/66 will apply.
If a public authority has an existing fee schedule, this schedule will continue to apply.
Is there any information which I can obtain free of charge?
Yes. The first four pages of a photocopied document or printed document will be free of charge. Information which is ordinarily available free of charge will also be available for free. Rule no.04 of the gazette of 3rd of February 2017 specifies the fees applicable and any complaint with regard to excessive charging can be made to the commission.
Do I receive a receipt for my request?
Yes. You should ensure the Information Officer gives you a receipt once your requested has been made. S.24(3) RTI Act/ Regulation No. 5 of the Gazette
How long does it take to receive information?
- If the information could be given immediately, then the Information Officer would do so.
- The Information Officer must either accept or refuse to give you information within 14 working days of date you receive the receipt for your request. 25(1) RTI Act/Regulation No. 3(3) of the Gazette
- The Information Officer should grant the information requested within 14 days (inclusive of non-working days) of the date it is decided to grant information. If you have requested a large quantity of information or if it is difficult to access that information, then an additional 21 days may be taken for the task. 25(5)(a) and S.25(5)(b) RTI Act
- If the information relates to the life and personal liberty of a citizen then, information must be granted within 48 hours. 25(3) RTI Act
How do I follow-up on my request?
Upon receiving a receipt for your request for information, you could use the receipt to follow-up. If you do not receive any response within the assigned time limits, appeal to the Designated Officer.
How do I know whether the information is accurate?
When requesting information you can request for it to be certified. Providing inaccurate information is an offence under S. 39(1)(a) of the RTI Act. In such an instance you could make a complaint to the Commission and ask for a prosecution.
Appeals
What can I do if my request for information is rejected?
• Make an appeal to the Designated Officer within 14 days of your request being rejected.
• If for a reason beyond your control you exceed the time frame given above to appeal,
the Designated Officer may consider your appeal a reasonable delay and accept it.
• The decision for the appeal must be given within 3 weeks.
• If such decision is not given or refused, you can appeal to the Commission within 2
months.
• The Commission must within 30 days affirm, vary or reject the decision of the Information
Officer or Designated Officer.
• If you’re not satisfied with the Commission’s decision you could appeal to the Court of
Appeal within a month of receiving the decision of the Commission.
(CLICK HERE TO READ RTI ACT SEC:31)
(CLICK HERE TO READ RTI ACT SEC:32)
At any instance can I apply to the Supreme Court?
Yes. Since the right to information is a fundamental right, you can make an application to the Supreme Court for a violation or imminent violation of your right in relation to another fundamental right.
Can I make a complaint under the RTI Act?
Yes. You can make a complaint to the Commission under the following circumstances. S.31(4) RTI Act
The Information Officer (Regulation No. 3(6) of the Gazette ) or the Designated Officer,
- does not accept your request for information
- refuses to give you information without reason
- charges you excess fees
- fails to act on a request for information according to the Act
- deliberately refuses an appeal by no reason in the Act
- without reasonable reason fails to make a decision on the appeal before the expiry of the time frame
The Commission will direct the relevant disciplinary authority to take the necessary disciplinary action for your complaint. The disciplinary authority must submit a report on it to the Commission within 1 month.
Could a person concerned be penalized under the Act?
Yes. If an offence mentioned in the Act is committed the alleged offender can be prosecuted in a Magistrates Court. If the alleged offender is convicted by summary trial the offender will be liable to,
- a fine not exceeding Rs. 50,000.00 OR
- an imprisonment not exceeding 2 years OR
- both the fine and imprisonment mentioned above
These offences are as follows,
- deliberately obstructs or provides incorrect, incomplete or inaccurate information
- destroys, invalidates, alters or conceals information
- refusing or failing to appear before the Commission when called upon
- appears before the Commission, but refuses to be examined or produce information
- fails or refuses to comply with a decision of the Commission
- obstruction of the work of the Commission
- not enforcing a decision made by the Commission
S.39(1) RTI Act
Privacy and Publishing
Can I use the information I obtain as evidence?
Yes.
Can I publish the information I receive?
Yes. S.36 RTI Act /Regulation No. 19 of the Gazette