The Seychelles Land Transport Agency, being a public body, adheres to the ATIA Act, 2018 and practices proactive dissemination of information to foster good governance, transparency, and accountability.
The Access to Information Act (ATIA), 2018 aims “to foster good governance through enhancing transparency, accountability, integrity in public service and administration, participation of persons in public affairs including exposing corruption, to recognise the right of access to information envisaged in Article 28 of the Constitution and for matters connected therewith and incidental thereto.”
What is Information?
For the purposes of the ATI Act, “information” is defined to include “any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held in the possession or under the control of the public body.”
What is a Public Body?
“Public Body” means a body specified in the Schedule to the ATI Act, namely:
1. Any authority, body, or institution performing government functions, legislative functions or judicial functions established or constituted; (a) by or under the Constitution; or (b) by any written law.
2. A body owned, controlled or financed by government.
3. Civil society organisations financed directly or indirectly by funds provided by the government.
The Access to Information Act (ATIA), 2018 aims “to foster good governance through enhancing transparency, accountability, integrity in public service and administration, participation of persons in public affairs including exposing corruption, to recognise the right of access to information envisaged in Article 28 of the Constitution and for matters connected therewith and incidental thereto.”
What is Information?
For the purposes of the ATI Act, “information” is defined to include “any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, fact, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held in the possession or under the control of the public body.”
What is a Public Body?
“Public Body” means a body specified in the Schedule to the ATI Act, namely:
1. Any authority, body, or institution performing government functions, legislative functions or judicial functions established or constituted; (a) by or under the Constitution; or (b) by any written law.
2. A body owned, controlled or financed by government.
3. Civil society organisations financed directly or indirectly by funds provided by the government.
RIGHT OF REFUSAL – An Information Officer may refuse to grant access to information if the information requested for falls within an exemption stated in Part III of the ATI Act.
Personal Information of a Third Party: An Information Officer may refuse a request for information if its release would involve the unreasonable disclosure of personal information about a natural third party, including a deceased individual.
Commercial and Confidential Information of an Information Holder or a Third Party: An Information Officer may refuse a request for information if it contains — (a) trade secrets of the information holder or a third party; or (b) Information about the information holder or a third party that would substantially prejudice a legitimate commercial or financial interest of the information holder or third party.
Protection of Life, Health and Safety of an Individual: An Information Officer may refuse a request for information where the release of the information is likely to endanger the life, health or safety of an individual.
National Security and Defence: An Information Officer may refuse to grant access to information if such access would cause substantial prejudice to the security or defence of the state, where “security or defence of the state” means— (a) military tactics or strategy or military exercises or operations undertaken in preparation for hostilities or in connection with the detection, prevention, suppression, or curtailment of subversive or hostile activities; (b) intelligence relating to — i. the defence of the state; or ii. the detection, prevention, suppression or curtailment of subversive or hostile activities; (c) methods of, and scientific or technical equipment for, collecting, assessing or handling information referred to in paragraph (b); (d) the identity of a confidential source; or (e) the quantity, characteristics, capabilities, vulnerabilities or deployment of anything being designed, developed, produced or considered for use as weapons or such other equipment, excluding nuclear weapons. “Subversive or hostile activities here means”: (a) an attack against the state by a foreign element; (b) acts of sabotage or terrorism aimed at the people of the state or a strategic asset of the state, whether inside or outside the state; or (c) a foreign or hostile intelligence operation.
International Relations: An Information Officer may refuse to grant access to information: (a) supplied by or on behalf of the state to another state or an international organisation in terms of an international agreement with that state or organisation which requires the information to be held in confidence; (b) required to be held in confidence by international law; (c) on the positions adopted or to be adopted by the state, another state or an international organisation for the purpose of present or future international negotiations; or (d) that constitutes diplomatic correspondence exchanges with another state or with an international organisation or official correspondence exchanges with diplomatic missions or consular posts of the country, If the release of the information would cause substantial prejudice to the international relations of the state.
Economic Interests of the State: An Information Officer may refuse to grant access to information if the disclosure of such information would cause serious prejudice to the economy of the state by disclosing prematurely decisions to change or continue economic or financial policy relating to: (a) exchange rates; (b) the regulation of banking or credit; (c) taxation; (d) the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or (e) the entering into of overseas trade agreements.
Law Enforcement: An Information Officer may refuse to grant access to information, if such access would cause prejudice to: (a) the prevention or detection of crime; (b) the apprehension or prosecution of offenders; (c) the administration of justice; (d) the assessment or collection of any tax or duty; or (e) endanger the security and life of an informant relating to a crime or investigation.
Privileged Documents: An Information Officer may refuse to grant access to information if it: (a) consists of confidential communication between a medical practitioner and his or her patient; (b) consists of confidential communication between a lawyer and his or her client; (c) consists of confidential communication between a journalist and his or her source; or (d) would otherwise be privileged from production in legal proceedings, (e) Unless the patient, client, source or person, as the case may be, entitled to the privilege consents to the release or has waived the privilege.
Academic or Professional Examination and Recruitment Processes: Information Officer may refuse a request for information relating to an academic or professional examination or recruitment or selection process prior to the completion of that examination or recruitment or selection process if the release of the information is likely to jeopardise the integrity of that examination or recruitment or selection process. Section 29 subsection (2) provides that Information referred to under subsection (1) shall be released on request after the academic or professional examination or recruitment or selection process has been completed.
Proposal Submitted to Cabinet: An Information Officer may refuse a request for information relating to a proposal submitted to the Cabinet for consideration and minutes and decisions of the Cabinet unless authorised by the Cabinet Secretary for such release.
Vexatious Requests Or Provision In Other Law For Information: An Information Officer may refuse a request if the request is manifestly vexatious. Subsection (2) state that an information Officer may refuse a request in cases where any written law other than this Act provides for giving the information requested.
Severance: Where a portion of a record or document containing requested information is exempt from release under this Part, the exempt portion of the information shall be severed or redacted from the record or document and access to the remainder of the information shall be granted to the requestor. Therefore, if the requested information falls within an exception under the ATI Act, where possible, Information Officers may release that portion of a record that or body of records or information that falls outside of the exemption by redacting. (i.e., obscuring the nonreleasable part of the text/information) or severing that portion of the record or body of records or information that may be released from that which cannot be released.
