Open Records Laws › Guyana

Guyana

Access to Information Act

Access to Information Act (Act No. 21 of 2011)

Open Records Transparency: 46/100 (moderate) Transparency Score: 46/100

RTI Rating: 69 (source)

Response Timeline

Initial Response
60 days
Extension
60 days
Residency Required
Citizen_or_resident

The Act specifies "60 days from the date the request is received" but does not clarify whether these are calendar or business days. Section 18 allows for an additional 60-day extension.

How to Submit a Request

Accepted Methods

  • In person — Office of the Commissioner of Information, 340 East Street (between Middle and Quamina Streets), Georgetown
  • Written — Requests must be in a specific form and submitted to the Commissioner of Information

Under Section 16, requests must be made in a prescribed form with sufficient detail to enable the Commissioner of Information or an officer of the public authority to identify the document with reasonable effort. The Commissioner acts as a clearing house for processing requests.

Required Elements

  • Sufficient detail to identify the requested document
  • Request must be in the prescribed form

Optional Elements

  • Specific document references
  • Time period of interest
  • Purpose of request (may help clarify scope)

Fees

Fees are prescribed by regulation under the Act. The Commissioner of Information tracks fee collections. Specific amounts are set by ministerial order and are not widely published online.

Fee Waivers

  • Waiver for inability to pay
  • Waiver when disclosure serves public interest

The Act provides for fee waivers on grounds of inability to pay or public interest. Specific waiver criteria are set by regulation.

Exemptions

  • Cabinet Documents
    Documents related to Cabinet discussions and decisions
  • Defence of the State
    Information likely to prejudice defence of the State
  • International Relations
    Documents affecting international relations
  • Internal Working Documents
    Internal working documents of public bodies
  • Law Enforcement
    Documents that could prejudice law enforcement or investigations
  • Legal Privilege
    Documents subject to legal professional privilege or affecting legal proceedings
  • Personal Privacy
    Documents containing personal information affecting individual privacy

Guyana's Access to Information Act 2011 contains 7 main exemption categories (Sections 27-33). The Act includes a public interest override provision allowing disclosure of exempt documents when public interest outweighs the harm to protected interests. RTI Rating score: 69/150 points.

Appeal Process

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Guyana's Access to Information Act provides for direct judicial review by the High Court of decisions made by the Commissioner of Information, with no intermediate administrative appeal mechanism. However, the system faces practical barriers: aggrieved persons are often reluctant to approach the Courts due to high legal costs and the length of time required for rulings. The Transparency Institute Guyana (TIGI) has called for the law to be scrapped or amended.

Sources & References