GEORGE TOWN: Overcoming “obstacles” posed by other laws is paramount in order for the proposed Freedom of Information Act (FoIA) to be effective, according to feedback obtained.
Another criterion is for the unity government to ensure that all government departments hire information officers (IOs) to process information requests from the public.
These were among the views from individuals who used the Freedom of Information enactments approved by the Selangor and Penang governments back in 2010 and 2011 which enabled access to information on government projects and initiatives.
Sahabat Alam Malaysia secretary S. Mageswari said research officers who sought information on matters such as the Social Impact Assessment (SIA) and Traffic Impact Assessment (TIA) of a development project in Penang faced hurdles before being able to view the documents.
However, she said copyright laws prevented them from gaining copies of the documents.
“After filling up the forms and stating the documents requested, we went to the respective departments to obtain them.
“Although we were allowed to view the SIA and take notes, we were barred from getting copies or even taking photos of the documents,” she said yesterday.
She said there were also occasions when documents could not be obtained at first, citing a case when the Environment Department (DOE) did not have a certain Environmental Impact Assessment (EIA) report as it was “owned” by the proponent of the project.
“We could only get hold of some of the documents after enduring a series of processes and making demands.
“For those not familiar with the processes, they may never get to access the necessary documents,” Mageswari said, calling for improvements to be made to streamline the process among the various departments.
IOs were appointed for state government departments after Penang and Selangor passed the enactments to manage storage and disposal of information. The enactment and a string of regulations governed their powers.
Applications to access information must be made to the IO by filling a form with details of the applicant, documents requested, purpose of request, method of access, with a nominal fee imposed – RM50 for a request for information sought about anything in that particular year while applications for past information are charged at RM100 for every other year.
The enactments state that each IO shall provide a response in writing to the application made within 14 working days from the date of application.
However, the IO may refuse to disclose information if it was obtained from a third party, such as a tender submission, that could lead to breach of confidence if released, or if it involves a trade secret.
Other information that may not be disclosed include those that may affect the state’s economy, health and safety of any individual, prevention or detection of crime, or if the information is already publicly available, or if it is classified under the Official Secrets Act.
Klang Valley resident Isad Chung, speaking of his experience with the Selangor enactment, said not all the state’s departments appointed IOs to handle requests from the public.
“Selangor has also not appointed an Appeals Board for a very long time. I have not had a follow-up since filing an appeal in 2022.
“I did receive a call from the Selangor Registrar’s office but it was only to confirm if I still wanted to proceed with the appeal,” he lamented.
