The Right to Information (RTI) Commission in Ghana is urging public institutions to embrace transparency and comply with the nation’s transparency laws, as it observes a growing resistance to information requests. This concern was highlighted by Stephen Owusu, Head of Legal at the Commission, who noted that even established public bodies are increasingly using technical and legal arguments to obstruct access to information.
Institutions Misinterpreting RTI Act
Speaking on Joy FM’s Super Morning Show, Mr. Owusu clarified a common misconception that the RTI Act mandates the automatic disclosure of all information upon request. He emphasized that the law clearly defines categories of exempt information, thereby balancing transparency with necessary protections.
“It is not as if when somebody comes to ask for information, then that information should automatically be given,” Mr. Owusu explained. “The Right to Information Act clearly outlines categories of exempt information that cannot be disclosed to the public.”
He further pointed out that Ghana’s exemptions under the RTI law are already extensive when compared to other jurisdictions. As an illustration, he cited Section 16 of the Act, which protects personal information, stating that such data is exempt and cannot be released.
Balancing Transparency with Protection
The RTI Commission official argued that the resistance from some institutions is misplaced, as the law is designed to strike a balance between the public’s right to know, individual privacy, and national security interests.
“If the information turns out to be personal information, Section 16 says it is exempt. It cannot be given,” he stated, underscoring the built-in safeguards against the misuse of the law.
Background of the RTI Act
Ghana’s Right to Information Act was enacted in 2019 after years of advocacy by civil society organizations and governance proponents. The legislation is considered a crucial instrument for enhancing accountability, combating corruption, and strengthening democratic principles by empowering citizens to seek information from public institutions.
Implications and Future Outlook
The Commission’s call signals a critical juncture in the implementation of Ghana’s transparency framework. Persistent resistance from institutions could undermine the effectiveness of the RTI Act, potentially hindering efforts to promote good governance and public trust. As the RTI Commission continues its efforts to enforce the law, continued dialogue and capacity building for public institutions will be crucial. Citizens and civil society organizations will be watching closely to see if institutions begin to shift from resistance to a more proactive embrace of transparency, thereby fully realizing the democratic potential of the RTI Act.
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