Open Records Laws › Gambia

Gambia

Access to Information Act 2021

Access to Information Act 2021

RTI Rating: 128 (source)

Response Timeline

Initial Response
21 days
Extension
14 days
Residency Required
None

21 days standard response time. Extension of up to 14 additional days permitted. Urgent requests (life/liberty at risk) must be answered within 48 hours.

How to Submit a Request

Accepted Methods

  • {'notes': 'Submit to information officer of public body', 'method': 'written'}
  • {'notes': 'Oral requests permitted if written submission causes hardship', 'method': 'oral'}
  • {'notes': 'Electronic submission accepted', 'method': 'electronic'}

Requests should be submitted to the designated information officer of the relevant public body. Oral requests are permitted if the requester cannot submit in writing due to disability or illiteracy. No reasons or justification for the request is required.

Required Elements

  • Sufficient detail to identify the information requested
  • Contact information for response delivery

Fees

No fee for submitting a request. Requesters may be charged only for the actual cost of reproducing and delivering the information. Fees must be reasonable and cannot be used to discourage requests. Fee schedule must be publicly available.

Fee Waivers

  • Fees waived if disclosure is in the public interest
  • Fees waived if requester cannot afford to pay

Exemptions

  • Defense and Security
    Information that could reasonably be expected to harm national defense or security operations
  • International Relations
    Information that could damage relations with other states or international organizations
  • Law Enforcement
    Information that could prejudice law enforcement investigations or legal proceedings
  • Commercial Confidentiality
    Trade secrets and commercially confidential information
  • Personal Privacy
    Information that would constitute an unreasonable invasion of personal privacy
  • Deliberative Process
    Internal communications and advice in policy development (limited protection)
  • Third-Party Information
    Information provided in confidence by third parties

All exemptions are subject to a public interest override test. Information must be disclosed if the public interest in disclosure outweighs the harm. Exemptions are discretionary (class-based with harm test required). Bodies must conduct a harm test and public interest balancing for all exemption claims. The Act provides strong protections for whistleblowers who disclose exempt information in the public interest.

Appeal Process

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The Gambia has established an independent Information Commission with strong enforcement powers. Internal review is optional; requesters can proceed directly to the Commission. The Commission can order disclosure, impose penalties, and award costs. High Court judicial review available for both parties.

Sources & References