Section 4.5 Personal Information: A document or record is exempted from the general
right of access if its disclosure would constitute an unreasonable disclosure of the
personal information.
Section 4.6 Privileged Communications: A document or record is an exempt document
or record if it is shown to be of such nature that it would be privileged from production in
any legal proceedings based on any of the privileges recognized under the rules of
evidence extant in Liberia.
Section 4.7 Partial Exemption: Where a portion of a document or record falls under the
exemptions established in Sections 4.2 thru 4.6 above, only the exempted part(s) of the
requested document shall be redacted from the original document and remaining
portion released.
Section 4.8 Exemption must be justified; not merely Claimed: A public authority or
private entity may not refuse access to or disclosure of information simply by claiming it
as “confidential or secret”. In order to qualify to be exempted from disclosure, it must be
clearly demonstrated that:
a) The information or record falls within or under one or more of the
exemptions established in this Act;
b) That the disclosure of the information will cause or likely to cause injury
or substantial harm to the interest protected by one or more of the
exemptions established in this Act; and
c) The harm to be caused by the disclosure is greater than the public
interest in having the information disclosed.
Section 4.9 Maximum period for non disclosure: Information or records exempted
from disclosure or public may remain exempted for as long as the reason for their
exemption exists, but in any event no longer than a continuous period of fifteen (15)
years).
Chapter 5
Oversight
Section 5.1 Oversight Body: The implementation of this Act, including compliance
therewith, shall be overseen an independent Information Commissioner to be appointed
by the President with the advice and consent of the Liberian Senate. The Independent
Information Commissioner shall be a Liberian of high moral character and generally
acceptable to many stakeholders. The Independent Information Commissioner shall
serve full-time, and receive compensation at least equal to that receive by a Circuit
Judge.
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