Open Records Laws › Antigua and Barbuda

Antigua and Barbuda

The Freedom of Information Act

The Freedom of Information Act, 2004 (No. 19 of 2004)

RTI Rating: 113 (source)

Response Timeline

Initial Response
20 days
Extension
20 days
Residency Required
None

20 working days from receipt of request. Extension to extent strictly necessary, not exceeding 40 working days total. Requester must be notified of extension with reasons.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written request to information officer of public authority', 'method': 'written'}
  • {'notes': 'Electronic submission accepted where available', 'method': 'electronic'}

Requests to designated information officer of public authority. Act promotes maximum disclosure of information in the public interest. Guarantees and facilitates right of access to information.

Required Elements

  • Name and contact details of requester
  • Description of information sought
  • Preferred form of access

Fees

No fee to submit request or inspect records. Reproduction costs charged at reasonable rates. Fees must not be excessive or obstruct access.

Fee Waivers

  • Fees waived if disclosure is in public interest
  • Fees reduced or waived for those unable to pay

Exemptions

  • National Security
    Information affecting national security or defense
  • International Relations
    Information affecting international relations
  • Law Enforcement
    Information prejudicing law enforcement or investigations
  • Personal Privacy
    Personal information constituting unreasonable invasion of privacy
  • Commercial Confidentiality
    Trade secrets and commercially confidential information
  • Cabinet Documents
    Cabinet documents and deliberations
  • Legal Professional Privilege
    Information protected by legal professional privilege

Exemptions subject to harm test and public interest override. Information disclosed if public interest in disclosure outweighs harm to protected interest. Severability required: exempt portions redacted, non-exempt portions released.

Appeal Process

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Three-tier process: internal review, Ombudsman, judicial review. Ombudsman serves as oversight body but recommendations are non-binding. Implementation has faced challenges despite relatively strong law on paper.

Sources & References