Access to information
Freedom of information and access to information laws compared
Short answer
- US FOIA exemptions
- Nine 1
- UK FOIA deadline
- Twentieth working day after receipt 2
- India RTI fee, central government
- Rs 10 5
- Kenya application fee
- None 4
- EU institutions deadline
- 15 working days 6
The laws side by side
| Law | Who can ask | Time to answer | Fee to apply |
|---|---|---|---|
| US FOIA, 5 U.S.C. § 552 1 | Any person 1 | 20 days, excluding weekends and public holidays 1 | Fees depend on requester category 1 |
| UK Freedom of Information Act 2000 7 | Any person 7 | By the twentieth working day 2 | Not stated in the sections read |
| India Right to Information Act, 2005 3 | Indian citizens, for central bodies via RTI Online 8 | 30 days, or 48 hours for life or liberty 3 | Rs 10, none below the poverty line 5 |
| Kenya Access to Information Act 4 | Every citizen 4 | 21 days, or 48 hours for life or liberty 4 | No application fee 4 |
| Canada Access to Information Act 9 | Citizens and permanent residents 9 | 30 days 9 | Not stated in the sections read |
| EU Regulation 1049/2001 6 | EU citizens and residents, and firms registered in a member state 6 | 15 working days 6 | Not stated in the sections read |
United States and United Kingdom
The US FOIA applies to federal agencies, including executive departments, military departments, government corporations and independent regulatory agencies 1. It has nine exemptions 1. Fees fall into three groups: commercial users pay for search, duplication and review, educational, scientific and news media requesters pay duplication only, and others pay search and duplication 1.
In the UK, any person making a request to a public authority is entitled to be told whether it holds the information and to have it communicated 7. The authority must reply promptly and no later than the twentieth working day after receipt 2.
India and Kenya
India's Right to Information Act, 2005 is Act No. 22 of 2005 3. A reply is due within 30 days, or within 48 hours where the information concerns the life or liberty of a person 3. A first appeal can be filed within 30 days 3. Under the Right to Information Rules, 2012, a central government application costs Rs 10, copies cost Rs 2 per A3 or smaller page, and no fee is charged to a person below the poverty line 5. RTI Online covers central government bodies only 8.
Kenya's Access to Information Act was assented to on 31 August 2016 and commenced on 21 September 2016 4. It covers information held by the State and by another person where the information is needed to exercise or protect a right 4.
EU institutions, Canada and South Africa
Under Regulation 1049/2001, an EU institution must answer within 15 working days of registering the application 6. If it refuses a confirmatory application, the applicant can go to court or complain to the European Ombudsman 6.
Canada's Access to Information Act gives citizens and permanent residents a right of access and sets a 30 day response period 9. South Africa's Promotion of Access to Information Act 2 of 2000 is enforced by the Information Regulator, which takes complaints about requests to both public and private bodies and can issue enforcement notices 10. A complaint to the Regulator should be lodged within 180 days of an internal appeal being dismissed, using Form 5 10.
Common questions
Do I need to be a citizen to use FOI laws?
Not everywhere. The US FOIA and the UK Act cover any person 1,7. India's RTI Online is for Indian citizens 8, and Kenya's Act covers every citizen 4.
How long does a UK public authority have to reply?
It must reply promptly and no later than the twentieth working day after receipt 2.
How much does an RTI application cost in India?
Rs 10 for central government bodies, with no fee for people below the poverty line 5.
Does South Africa's law cover private companies?
Yes. Requests can be made to public and private bodies, and the Information Regulator takes complaints and issues enforcement notices against both 10.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@documentlocker.org.
Sources
- U.S. Department of Justice, Office of Information Policy: The Freedom of Information Act, 5 U.S.C. § 552
- legislation.gov.uk: Freedom of Information Act 2000, section 10
- Central Information Commission: The Right to Information Act, 2005 (No. 22 of 2005)
- Kenya Law: Access to Information Act, Cap. 7M
- Government of India: Right to Information Rules, 2012 (31 July 2012)
- EUR-Lex: Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001
- legislation.gov.uk: Freedom of Information Act 2000, section 1
- Department of Personnel and Training: RTI Online
- Justice Laws Website: Access to Information Act
- Information Regulator (South Africa): Promotion of Access to Information Act
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