The Executive Secretary of the Right to Information (RTI) Commission, Yaw Sarpong Boateng has revealed that the duration within which a public institution must process information requested by a citizen is 14 days.
He stated that his outfit has taken the responsibility of ensuring that no public institution deprives the citizens of their right to information, hence the Commission’s commitment to educating the public.
Mr Boateng stated on JoyNews’ The Law that, “The law requires that information is processed within 14 days for an applicant who requires information.”
However, he explained that in a situation whereby the applicant needs the requested information urgently, then the institution is ordered by the law to provide that information within 48 hours.
The condition associated with that exceptionality, according to Mr Boateng, is that when an applicant requires immediate access to the information, the law mandates that they “state the reason why” the information is required urgently, “and then you can be given that information within 48 hours.”
He highlighted that if the institution fails to respond to the request in 14 days, the applicant must consider it a denial, and follow up on the earlier request.
The Commission’s Executive Secretary then indicated that the appropriate step in the process of following up is to first request a review from the agency.
Prior to seeking court action, he recommended contacting the RTI Commission if the institution refuse to respond to the request for a review.
Mr Boateng emphasised that “The good side of that arrangement is that it’s free to come to the Right to Information Commission. The state has bore the cost, so why waste your time chasing in court where you will have to pay lawyers and file processes?
“So we will rather encourage that this process, inasmuch as you are compelled to come there [the RTI Commission], you must know that it puts no cost on you.”
Again, he noted that the applicant is not required by law to provide justification for their request for information.
Mr Boateng stressed that every individual is entitled to the right to information, therefore, people are not required to ask the reason for your request.
He said, "It doesn’t matter that you, the public office holder is worried about what the possible use of that information could be. It is the individual’s right, and the law also places the responsibility for how you use the information on the individual."
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