ADVOKS GLOBAL · KENYA
The Access to Information (General) Regulations
8. Duties of information Access Officer
Edition: 2023-12-01 · In force
8. Duties of information Access Officer
(1)The duties of an Information Access Officer shall include-(a)ensuring information is proactively disclosed;(b)receiving and acting on requests for access to information, including—(i)reducing oral requests into writing; or(ii)reviewing all requests to identify the information requested and seeking clarification from the requester, where necessary;(c)determining whether the requested information —(i)is already publicly available;(ii)requires to be transferred to another information holder as provided under regulation 18;(iii)requires to be deferred as provided under regulation 19; or(iv)is to be granted or denied, and communication made to the requester of the determination;(d)reviewing the information requested to identify if it is subject to any of the limitations set out in section 6 of the Act, and redacting or withholding information that may be limited in accordance with that section;(e)informing an aggrieved requester of their right of review of the decision by the Commission and the timelines within which a request for review may be submitted;(f)establishing and maintaining an access to information register, to record all requests for information received by the respective public entity or private body;(g)ensuring that all requests for information received by the public entity or private body, and actions taken in relation to each request are recorded in the web-based information management portal provided under regulation 28;(h)ensuring that any personal information held by the public entity or private body is accurate and up to date, and requests made are in compliance with the Data Protection Act (Cap. 411C);(i)formulating and implementing the organization’s policies and procedures on access to information and sensitize the officers and employees in the implementation thereof;(j)submitting annual reports to the Commission as required by section 27 of the Act and regulation 31; and(k)perform any other duty as may be necessary to implement the provisions of the Act.(2)An Information Access Officer may, where necessary and subject to specified timelines, seek legal or expert opinion on whether access to information ought to be granted in accordance with the Act and these Regulations.