2004 freedominfo.org Global Survey Results - Jamaica
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Access to Information Act was adopted in July 2002. (1) The law creates a general right of access by any person to official documents held by public authorities. Authorities must respond in 30 days but can delay access if required by law, to allow the person who received the document a reasonable time to present it to the body or person it was prepared for or if the premature release prior to an occurrence of an event would be contrary to the public interest.

The Governor-General, security and intelligence services, the judicial function of courts, and bodies as decreed by the Minister of Information are excluded from the scope of the act.

Documents are exempt from disclosure if they would prejudice security, defense, or international relations; contain information from a foreign government communicated in confidence; is a submission to the Cabinet or a Cabinet Decision or record of any deliberation of the Cabinet (except for factual information); are law enforcement documents that would endanger or could reasonably expected to endanger lives, prejudice investigations, or reveal methods or sources; the document is privileged or would be a breach of confidence, contempt of court of infringe the privileges of Parliament, contains opinions, advice or recommendations or a record of consultations or deliberations for Cabinet decisions that are not factual, scientific or technical in nature or if the release is not in the public interest; would harm the national economy; would reveal trade secrets or other confidential commercial information; could be expected to result in damage, destruction, or interference with historical sites, national monuments or endangered species if the release is not in the public interest; or relating to the personal affairs of any person alive or dead. The Prime Minister can issue a conclusive certificate that the document is a Cabinet record. Other responsible Ministers can issue a certificate exempting documents relating to national security, law enforcement or national economy. Exemptions are 20 years or less as the minister decrees.

Individuals can also apply to correct documents that contain personal information that is incorrect if the documents are used for administrative purposes.

Appeals are heard internally by the Permanent Secretary or principle officer of the Ministry or the Minister for documents subject to a certificate and then to an Appeal Tribunal.

Acts done to illegally prevent the disclosure of information can be punished by fine and imprisonment.

The Act will be phased into effect in four phases, starting on January 2004, initially applying to seven bodies. The Access to Information Unit of the Jamaica Archives and Records Department in the Office of the Prime Minister was formed in January 2003 to overseeing the implementation of the Act. It is providing training and guidance to both agencies and the public on the Act and is working with NGOs such as the Carter Center. (2) Beginning in January 2003, the Management Institute of National Development (MIND) began training over 400 employees in the Act.

The Archives Act (1982) provides for access to documents over 30 years old. Minister of Information Colin Campbell announced in June 2002 that the first set of Cabinet Documents from the ten years following independence would be made available at the archives.

The Official Secrets Act 1911 remains in force and applies to the unauthorized disclosure of documents. Minister of Justice AJ Nicholson said in April 2003 that the Government would move to abolish the Act following implementation of the AIA. (3)

Notes

1. Access to Information Act 2002. http://www.jis.gov.jm/special_sections/ATI/ATIACT.pdf

2. Homepage: http://www.jis.gov.jm/special_sections/ATI/default.html

3. Access to Information Act to be Implemented on October 1, JIS, April 25, 2003.