Right to Information Act 2016 · As enacted · Part II · Denial of Access to Information
5. When right of access may be denied
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to the provisions of subsection (2) a request under this Act for access to information shall be refused, where–
the information relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the larger public interest justifies the disclosure of such information or the person concerned has consented in writing to such disclosure;
disclosure of such information–
would undermine the defence of the State or its territorial integrity or national security;
would be or is likely to be seriously prejudicial to Sri Lanka’s relations with any
State, or in relation to international agreements or obligations under international law, where such information was given by or obtained in confidence;
the disclosure of such information would cause serious prejudice to the economy of Sri Lanka by disclosing prematurely decisions to change or continue government economic or financial policies relating to-
exchange rates or the control of overseas exchange transactions;
the regulation of banking or credit;
taxation;
the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or
the entering into of overseas trade agreements;
information, including commercial confidence, trade secrets or intellectual property, protected under the Intellectual Property Act, No. 36 of 2003, the disclosure of which would harm the competitive position of a third party, unless the public authority is satisfied that larger public interest warrants the disclosure of such information;
the information could lead to the disclosure of any medical records relating to any person, unless such person has consented in writing to such disclosure;
the information consist of any communication, between a professional and a public authority to whom such professional provides services, which is not permitted to be disclosed under any written law, including any communication between the
Attorney General or any officer assisting the
Attorney General in the performance of his duties and a public authority;
the information is required to be kept confidential by reason of the existence of a fiduciary relationship;
the disclosure of such information would-
cause grave prejudice to the prevention or detection of any crime or the apprehension or prosecution of offenders; or
expose the identity of a confidential source of information in relation to law enforcement or national security, to be ascertained;
subject to the provisions of section 29(2)(c), the information has been supplied in confidence to the public authority concerned by a third party and the third party does not consent to its disclosure;
the disclosure of such information would be in contempt of court or prejudicial to the maintenance of the authority and impartiality of the judiciary;
the disclosure of such information would infringe the privileges of Parliament or of a Provincial
Council as provided by Law;
disclosure of the information would harm the integrity of an examination being conducted by the Department of Examination or a Higher
Educational Institution;
the information is of a cabinet memorandum in relation to which a decision has not been taken; or
the information relates to an election conducted by the Commissioner of Elections which is required by the relevant election laws to be kept confidential.
Notwithstanding the provisions of subsection (1), a request for information shall not be refused on any of the grounds referred to therein, other than the grounds referred to in paragraphs (a), (b), (d), (e), (f), (g), (h) and (j) of that subsection, if the information requested for is over ten years old.
Any information relating to any overseas trade agreement referred to in subsection (1) (c ) (v) of this section, where the negotiations have not concluded even after a lapse of ten years shall not be disclosed.
Notwithstanding the provisions of subsection (1), a request for information shall not be refused where the public interest in disclosing the information outweighs the harm that would result from its disclosure.
An information officer may seek the advice of the
Commission, with regard to an issue connected with the grant of access to any information which is exempted from being disclosed under subsection (1), and the commission may as expeditiously as possible and in any event give its advice within fourteen days.
Part III
Duties of Ministers and Public Authorities
Part V
Appointment of Information Officers and Procedure for Gaining Access to Information
Part VI
Appeals Against Rejections
Part VII