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Access to Information Act, 2016
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Tanzania
Access to Information Act, 2016
Chapter 149
An Act to provide for access to information; to define the scope of information which the public has the right to access; to promote transparency and accountability of information holders; and to provide for other related matters.
ENACTED by Parliament of the United Republic of Tanzania.
Part I – Preliminary provisions
1. Short title and commencement
2. Application
This Act shall apply to Mainland Tanzania.
Without prejudice to the provisions of subsection , this Act shall apply to:
public authorities;
private bodies registered under any written law which:
utilize public funds; or
are in possession of information which is of significant public interest.
3. Interpretation
In this Act, unless the context requires otherwise:
"Constitution" means the Constitution of the United Republic,1977;
"exempt information" means any information, or document containing information, withheld by the information holder in accordance with ;
"information" means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form;
"information holder" means public authority or a private body referred to under ;
"information officer" means an officer of the information holder appointed as such under ;
"Minister" means the Minister responsible for legal affairs;
"personal information" means information relating to an individual who is directly or indirectly identifiable by name, identification document or through any physical or other characteristics or attributes, but does not include information having a bearing on the public functions of an employee of a public authority or any other person performing a function of a public authority;
"public authority" means any authority that is established by or under the Constitution, an Act of Parliament, recognized under any written law as a public office or forms part of any level of the Government;
"records" include any recorded information regardless of form or medium created, received and maintained by any information holder in the pursuance of its legal obligations or in the transaction of its business and providing evidence of the performance of those obligations or that business.
4. Objectives of this Act
The objectives of this Act are to:
give effect to the right of access to information by citizens as provided for by the Constitution;
require information holder to proactively disclose information and provide to the public information that they hold subject to the provisions of this Act;
create a framework to facilitate access to information held by information holders in compliance with any right protected by the Constitution and any other written law;
promote routine and systematic information disclosure by information holders in compliance with the principles of accountability, transparency and public participation; and
Part II – Right of access to information
5. Right of access to information
Subject to the provisions of this Act, every citizen shall have the right to access information which is under the control of a public authority.
Every information holder shall, as far as possible, ensure that all information which is of public interest is made available to the public.
6. Exempt information
Notwithstanding the provision of , the information holder may withhold the information where he—
is satisfied that all the information or part of the information is exempted under subsection (2);
determines, in accordance with this Act, that the disclosure is not justified in the public interest.
Exempt information may be withheld if the disclosure of such information is likely to—
undermine the defence, national security and international relations of the United Republic;
impede due process of law or endanger safety of life of any person;
undermine lawful investigations being conducted under any written law;
disclose commercial secrets or personal information of a third party without consent.
7. Information officer
Every public authority shall designate or appoint an information officer for the purposes of this Act.
The information officer shall receive and process requests for information from the public.