Information Commissioner exercised legal authority to search files at agency withholding data

Information Commissioner Abdul Aziz Jamal Abu Bakr revealed that he previously exercised his statutory authority to enter a state institution and directly search through files to retrieve requested information after the entity withheld public data.

Speaking on Mendhuru TV's "Mauloo" program, Commissioner Abdul Aziz explained that under the Right to Information (RTI) Act, the Information Commissioner possesses explicit legal powers to inspect premises and retrieve records when public bodies fail to provide mandatory information.

He shared that he was compelled to take such action during a prior term in office.

In a previous term, when a state institution attempted to withhold information, I went there personally, used the authority vested in me by law, searched through their files, and obtained the required information

the Commissioner stated.

He further noted that fines have also been imposed on certain institutions that violated the RTI law.

Addressing the statutory 21 day timeline prescribed by the RTI Act for providing requested information, Abdul Aziz observed that institutions utilize this timeframe differently.

While some entities respond within a single day, others wait until the final day of the 21 day period.

The law specifies that a response must be provided within 21 days," he said. "We cannot hold institutions accountable or accuse them of deliberate delay simply because they take the full 21 days allowed. Others may provide a response within just one day

The Commissioner noted that actions taken within the flexible framework or allowances of the law cannot be penalized; however, strict action will be taken against any clear violations of the statute.

He also acknowledged that differing interpretations of the law can occur, comparing it to judicial proceedings where judges hold varying opinions leading to differing verdicts.

Consequently, he stated he does not believe institutions violate the law with deliberate intent.

Additionally, Abdul Aziz highlighted that the public often confuses the distinct roles of "Information Officers" and "Media Officers" within state bodies.

He emphasized that under the RTI Act, institutions are only obligated to provide information that they currently create, hold, or maintain.

However, requisitioners sometimes submit queries asking about future intentions or theoretical plans, which require generating new answers rather than providing existing records.