Access to information: A right essential for transparency and accountability

In 2015, the United Nations Educational, Scientific and Cultural Organization (UNESCO) declared 28 September as the International Day for Universal Access to Information (IDUAI). This year, the day will be observed with the theme: "Mainstreaming Access to Information and Participation in the Public Sector."

Access to information is a fundamental human right that ensures accountability and transparency, especially within government systems. It empowers individuals to make informed decisions, enhances public trust, and promotes social progress. Various terms such as Access to Information (ATI), Right to Information (RTI), Right to Know (RTK), and Freedom of Information (FOI) are used interchangeably to describe this right. However, regardless of terminology, access to information is globally recognised as an important element of freedom of expression, enshrined in Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

At least 125 countries, including Bangladesh, have enacted national laws to operationalise this right. Bangladesh introduced the Right to Information Act, 2009 (RTI Act) to ensure citizens can access public information. The Global Right to Information Rating (GRTI) has assessed Bangladesh's RTI Act as a "reasonably good law," noting that it reflects a strong approach to access to information. However, the GRTI also highlighted concerns over the blanket exceptions for police, security, and intelligence services, which hinder full transparency.

Although the Constitution of Bangladesh does not explicitly guarantee the right to information, the RTI Act is rooted in the constitutionally recognised fundamental rights to freedom of thought, conscience, and speech under Article 39. This article provides for the right to freedom of expression, though it also allows for "reasonable restrictions" in the interest of national security, public order, and morality. These restrictions are mirrored in the RTI Act, where certain types of information are exempt from disclosure, a provision that GRTI deems problematic.

Despite these exceptions, the RTI Act is relevant in Bangladesh's evolving political landscape, especially for promoting transparency and accountability.

Key provisions of the RTI Act

The RTI Act only allows its citizens of Bangladesh to request information from public authorities, as outlined in Section 4. These include government bodies, statutory institutions, private organisations receiving public funding, and entities performing public functions under government contracts as per Section 2(b).

Citizens can request a broad range of documents and materials, including reports, memos, data, contracts, maps, and audio-visual materials related to the activities of any authority. However, note sheets or copies of note sheets, often used in internal decision-making processes, cannot be requested as per Section 2(f).

Section 7 of the act outlines exemptions to protect national security, foreign relations, commercial secrets, and intellectual property. Information that could harm third-party interests, obstruct law enforcement, or interfere with judicial proceedings is also protected. Other sensitive information, including tax details, financial policies, personal privacy, and matters pending in court, cannot be disclosed. Additionally, strategic or commercially sensitive technical data and Cabinet discussions are exempt unless the Information Commission (IC) permits disclosure.

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How to request information

Citizens can access public information either through proactive disclosures (Sections 5 and 6) or by submitting a request (Section 8). Public authorities are required to publish information on their websites or through other forms of publication.

To request specific information, citizens can submit an application to the designated officer (DO) of the relevant authority. Each public authority appoints a DO, whose contact details are available on the authority's website. Requests can be submitted in person, by post, or electronically, using the prescribed form "Kaa," available on government websites. If no form is available, the application can be made on plain paper or electronically, provided it includes the applicant's name, address, a description of the information sought, and the preferred method of receiving the information (email, printed, etc.) under Section 8.

Once a request is submitted, the designated officer must provide the information within 20 working days. If the request involves multiple departments, the timeframe extends to 30 days. In urgent cases related to life or liberty, such as requests concerning arrest or release from jail, the information must be provided within 24 hours. If the officer fails to provide the information or refuses the request, they must notify the applicant in writing within 10 days. Failure to respond within the stipulated timeframe is considered a rejection (Section 9).

Appeal process

If a request is denied, citizens have the right to appeal. The first appeal can be made to a senior officer within the same authority, using the prescribed form "Gaa," within 30 days of the refusal (Section 24). If the applicant is not satisfied with the outcome of the first appeal, a second appeal can be lodged with the IC within 90 days (Section 25). IC has the authority to investigate the case, penalize non-compliant officers, and compensate the applicant if necessary. Decisions of the IC can be challenged in the Supreme Court through a writ petition (Section 29).

Costs and Fees

Most RTI requests are free, but the government, in consultation with IC, may impose reasonable fees or exempt certain information categories (Section 8). After filling the request for information, applicants are notified of the fees, which must be paid within five working days through Sonali Bank (chalan no: 1-3301-0001-1807).

The RTI Act is a crucial tool for promoting transparency and accountability in Bangladesh. While it contains some broader exceptions for national security and law enforcement, it remains an important mechanism for citizens to access public information and hold authorities accountable. As Bangladesh continues to navigate its political and social transformations, ensuring the full and effective implementation of the RTI Act will be key to promoting good governance and empowering its citizens.

Nazmun Nahar is a Human Rights Defender and an alumna of the Erasmus Mundus Human Rights Policy and Practice programme.

Views expressed in this article are the author's own. 

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