14th January, 2021
(2) Where a request is transferred pursuant to subregulation (1), the infor-
mation officer of the information holder to which the request is
transferred shall inform the information seeker of the receipt of the transfer
and process the request as if it had initially been submitted to that information
holder.
(3) Where a request for information is transferred to another information
holder, time shall, with respect to processing the request by the information
holder to which the request is transferred, start running from the date Form 4
is received by that information holder.
Information
that cannot be
found or does
not exist
21.—(1) Where a request for information relates to information that—
(a) has been damaged;
(5) cannot be traced; or
(c) does not exist,
the information officer shall, within five days of establishing the
fact that the information is not available, notify the information
seeker, in
writing, that the information cannot be accessed.
(2) A notice issued under subregulation (1) shall include evidence
of
attempts made to trace the information.
Refusal of
access to
information
22.—(1) Where access to information is not granted, an informat
ion
officer shall inform the information seeker of this decision with reasons
in
writing.
(2) Where access to information is not granted, the information
seeker
may appeal to the head of the information holder for a review of the decision
in accordance with regulation 23.
PART VIT—INTERNAL REVIEW
23.—(1) Where a person is aggrieved by a decision of an informat
ion
holder in relation to a request for information, the aggrieved person
may make
of a decision of
an application to the head of the information holder in Form 5 set
an information
out in the
Second Schedule hereto, for a review of the decision.
holder
Request for
internal review
(2) For purposes of subregulation (1), an aggrieved person include
s
(a) an information seeker who—.
(i) has not been granted access to requested information;
(ii) has not received the requested information within the
prescribed period and has not been given a reasonable explanation
for the delay; or
(iii) is not satisfied with the manner in which his request is
handled, and
(4) a third party whose interests referred to in section 35 of
the Act
have been disclosed without his consent.
(3) An
information
officer
shall
inform,
in writing,
the
aggrieved
information seeker and any relevant third party of the submission
of appeal