The Freedom of Information Bill, 2012
Rejection of
application
33. (1)A public body or private body may refuse to grant access to
information if the information is exemptd from disclosure in this Act.
(2)Where an application is fully or partially rejected on the basis that
the information requested is exempt information, the public officer
concerned shall send the applicant a written notice within fifteen
working days of receipt of the application, specifying(a) the name and designation of the person making the
decision;
(b)
the reasons for the decision, including the relevant
provisions of the Act relied upon, findings on any material
questions of fact and the material on which those findings
were based;
(c)
the applicant’s rights with respect to review of the
decision, including the particulars of the Commission,
time limits and the procedure.
(3) Where any information applied for has not been provided within
the specified period under this Act, the application therefor shall be
deemed to have been refused.
Fees
34. (1) No fee may be levied in relation to the submission of an
application.
(2) A public authority from which an application for information has
been made shall not levy any fee on an applicant for the provision of
the information other than a reasonable fee for access, which shall not
exceed the actual costs of making any copies of such information and
if applicable, supplying them to the applicant.
(3) Any fees imposed should not be so high as to defeat the objectives
of this Act.
(4) A public information officer may waive any fee where payment of
the fee may cause financial hardship to the applicant or where the
disclosure of the information is in the public interest.
(5) Notwithstanding anything in this section, the person making an
application for information shall be provided with the information free
of charge where a public authority fails to comply with the time limits
in this Part.
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