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Applying
the Law
As
a first step towards applying the law, governments will need set
in place the infrastructure necessary to facilitate information
access. This will include establishing codes and procedures within
each government department to receive and process applications and
appeals, as well as guidance on how to interpret with the exemption
clauses under the law. Departments may want to consider issuing
guidance notes, procedures manuals and user's guides for public
authorities on interpreting and applying different aspects of the
law.
Processing
Applications and Appeals
Interpreting
Exemptions
Processing
Applications and Appeals
Under
most right to information laws, specific officers within each body
covered by the law are responsible for receiving and managing RTI
applications and appeals . In jurisdictions around the world, different
procedures and rules have been implemented to process, manage and
track information requests and appeals. Guidance notes and practice
manuals have also been produced to provide officers with a simple
reference tool to assist them to apply the law properly.
Interpreting
Exemptions
Although
the principle of maximum disclosure underpins all RTI laws, it is
recognised that the right to information is not absolute. Not all
information can be disclosed to the public particularly if it relates
to sensitive information falling under exemption provisions"
or "exclusion clauses" under the law. In jurisdictions
across the world guidelines have been produced to assist officials
to apply the various exemptions available under their law. These
guidance notes cover topics such as:
Public
Interest Override
Exemptions
General
National
security
International
relations
Economic
Interests
Law
Enforcement & Investigations
Cabinet
& Other Internal Government Papers
Confidential
Business Information
Courts
or Tribunals
Privacy
Parliamentary Privilege
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