Access to Information Act

Response Timeline

21 days from receipt of request. Extension of up to 21 additional days permitted for large volume of records or consultation requirements. Requester must be notified with reasons.

How to Submit a Request

Accepted Methods

• Written — Written request to information officer
• Oral — Oral requests for those unable to write

Requests to designated information officer of public body. No reasons required. Officials must assist requesters including those with disabilities.

Required Elements

• Contact details of requester
• Description of information
• Preferred form of access

Fees

No fee to file request. Reproduction fees prescribed by Minister. Fees must be reasonable and not obstruct access.

Fee Waivers

• Fees reduced or waived if disclosure is in public interest
• Fees 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
• Privacy
  Personal information constituting unreasonable invasion of privacy
• Commercial Confidentiality
  Trade secrets and commercially confidential information
• Third-Party Information
  Information supplied in confidence by third parties

All exemptions subject to harm test and public interest override. Information disclosed if public interest outweighs harm. Severability required: exempt portions redacted, remainder released.

Appeal Process

Three-tier process: internal review, independent Information Commissioner, judicial review. Commissioner appointed by President with parliamentary approval. Commissioner has powers to order disclosure and impose penalties.

Sources & References

• Full text of law →
• Primary source →
• RTI Rating - Malawi →