The Right to Information (RTI) is the most valuable and powerful citizen tool within a democratic governance structure. In Sri Lanka, following years of civil society struggle, the Right to Information Act, No. 12 of 2016 was enacted. This Act dismantled the long-standing culture of secrecy within state administration, empowering ordinary citizens to establish transparency and accountability.
Many believe that requesting information from a state institution is a privilege restricted only to high-ranking government officials or journalists. However, under the law, every ordinary citizen of the country possesses the absolute right to officially request and obtain information held by any Public Authority. This article provides a simple, step-by-step guide explaining what the RTI Act is and how to use it correctly to obtain information from state institutions.
1. From Whom Can You Request Information? (Public Authorities)
According to the RTI Act, information can only be requested from “Public Authorities.” The Act categorizes the following institutions under this definition:
- All government ministries, departments, and state corporations (e.g., Ceylon Electricity Board, Department of Motor Traffic).
- Provincial Councils, Divisional Secretariats, and Local Government Authorities (Municipal Councils, Urban Councils, and Pradeshiya Sabhas).
- Administrative wings of the judiciary (Judicial Secretariats).
- The Armed Forces and the Police.
- Non-Governmental Organizations (NGOs) that receive government funding or execute state-sponsored projects.
- Private entities providing public services based on contracts or agreements signed with the government (e.g., private bus services, highway construction contractors).
2. What Information Can You Request?
The Act assigns an exceptionally broad definition to the term “Information.” You are legally entitled to request the following:
- Official documents, reports, memos, and emails.
- Contractual agreements and expenditure estimates (estimates) of state projects.
- Official notifications, circulars, guidelines, and directives.
- The current progress of public development projects (status reports).
- Records concerning salaries, allowances, and recruitment processes within public institutions.
- The right to carry out an inspection of work or documents of any public development project and the right to obtain official samples.
3. The Step-by-Step Process to Obtain Information
To formally obtain information from a state institution, a structured 4-step official process must be followed:
Step 01: Identify the Information Officer (IO)
The Act mandates that every Public Authority must appoint a dedicated “Information Officer” (IO) specifically tasked with providing information.
- Before submitting your request, find out the name, phone number, and email address of the relevant institution’s Information Officer via the office notice board, their official website, or a telephone inquiry.
Step 02: Prepare the Application (Form RTI 01)
The government has introduced an official application form known as RTI 01 for this purpose. (This form can be downloaded for free from the GHRF digital library).
- Is Form RTI 01 mandatory? No. You can also request information by drafting a standard letter on a plain sheet of paper. It must include the following details:
- The designation and official address of the Information Officer.
- Your name, address, and contact number.
- A clear and specific description of the required information (include dates and file numbers if available).
- Your preferred mode of access (photocopies, digital files via email, a CD, or personal inspection of the documents).
- A declaration stating that you are a citizen of Sri Lanka (The RTI Act can only be utilized by Sri Lankan citizens).
- Special Note: You are not legally bound to state the reason why you are requesting the information. Stating “I require this information” is legally sufficient.
Step 03: Submit the Application and Obtain an Acknowledgment
The drafted application must be submitted to the Information Officer of the relevant institution. This can be done via two methods:
- In-Person Submission: Carry two copies of the application. Hand over one copy to the institution, and obtain a “Received” endorsement on your personal copy, complete with the official stamp, date, time, and the signature of the receiving officer.
- Registered Post: If the institution is located far away, mail it via registered post. Retain the postal receipt securely, as legal timelines are calculated based on these dates.
Step 04: Institutional Response and Statutory Timelines
Once your application is received, the institution must operate within a strict legal timeframe mandated by the Act:
- Within 14 Days: The Information Officer must notify you in writing whether your request is accepted or rejected. If accepted, they must inform you of the official government-regulated fee required to process the information (e.g., photocopying charges).
- Within 21 Days: Once you pay the prescribed fees, the institution must provide the requested information within 21 days.
- Within 48 Hours: If the requested information directly concerns the life or personal liberty of a person (e.g., a medical record of an individual in custody), the police or the relevant authority is legally bound to provide it within 48 hours.
4. Grounds for Refusal (Exemptions)
Under Section 5 of the RTI Act, a public authority has the right to refuse a request under certain extraordinary exemptions. These limitations include:
- Information that would cause direct harm to national security, the sovereignty of the state, or territorial integrity.
- Matters that would prejudice diplomatic relations with foreign states.
- Information that would harm the economy of the country, gold reserves, or commercial interests (trade secrets).
- Information that amounts to contempt of court or would obstruct an ongoing criminal investigation.
- Confidential information affecting individual privacy, such as another person’s medical records.
5. Remedial Action If Information is Denied (Filing an Appeal)
If the Information Officer fails to respond within 14 days, unjustly denies the information, or demands exorbitant fees, you have the right to contest the decision via a structured appeals process.
1st Level Appeal: The Designated Officer (DO)
- An appeal against the actions of the Information Officer must be submitted to the “Designated Officer” (DO)—who is the highest-ranking officer within the same institution (e.g., the Secretary of a Ministry or the Divisional Secretary of a Divisional Secretariat).
- This appeal must be filed using Form RTI 10 within 30 days of the incident.
- The Designated Officer is mandated to conduct an inquiry and direct that the information be released to you within 21 days.
2nd Level Appeal: The Independent Right to Information Commission (RTI Commission)
- If you fail to obtain justice from the Designated Officer, a further appeal can be submitted to the independent RTI Commission located in Colombo within 60 days.
- The RTI Commission holds quasi-judicial powers equivalent to a High Court. They can summon state officials for interrogation and possess the authority to recommend fines or imprisonment to a court of law against non-compliant officers.
Summary
The Right to Information is a “legal sword” in the hands of the citizen. It can be highly effective in preventing the misuse of public property, exposing corruption in local development projects (like village road construction), or inquiring into the status of a delayed file at your local Divisional Secretariat. Use your right without fear; lead the way toward a transparent society.
Global Human Rights Front (GHRF)
Global Standards, Local Action.
For assistance with drafting RTI applications and legal counsel, connect with our ‘Civic Knowledge’ division at info@ghrfront.org.
