Amend the Access to Information (ATI) Act (JM0010)

What is the public problem that the commitment will address?

The Access to Information (ATI) Act that was passed in 2002 and came into effect in 2004 is in need of review and amendment. A comprehensive review of the ATI Act was conducted in 2009-2011, and the Joint Select Committee (JSC) Report to Parliament was tabled in 2011, which made recommendations including the strengthening ATI Unit and extending the public interest test. However, there has been no action taken since 2011 to amend the ATI Act, or implement the recommendations in the JSC Report. The existing ATI system also has constraints including delays in responses to requests for information.

What is the commitment?

To amend the Access to Information (ATI) Act and strengthen the ATI system in Jamaica.

How will the commitment contribute to solving the public problem?

The commitment to amend the ATI Act, based on the JSC Report of 2011 and subsequent developments, and to strengthen the ATI system in Jamaica will improve the legal and regulatory framework and system for provision of information by the government to citizens, both proactively and in response to requests for information, in order to advance certain fundamental principles underlying the system of constitutional democracy, including governmental accountability, transparency, and public participation in decision-making. The actions to improve the existing ATI system, including capacity development and training for ATI officers, public education on the ATI system, improved guidelines for public bodies and ATI officers, strengthening of reporting mechanisms, and development of a proposal for the application of an online platform for making and tracking ATI requests, will improve the operation of the existing ATI system and reduce delays in response to ATI requests.

Why is this commitment relevant to OGP values?

The commitment to amend the ATI Act and strengthen the ATI system in Jamaica is relevant to the following OGP values:

1. Access to Information: The amendments to the ATI Act and strengthening of the ATI system will improve the legal and regulatory framework for ATI and the operation of the ATI system, resulting in improved access to public information for citizens. The commitment will also strengthen the relationship between the Access to Information system and the Open Data system.
2. Civic Participation: The process to amend the ATI Act and regulations will include stakeholder consultations. The establishment of the Access to Information Act Advisory Committee will provide a multi-stakeholder framework for the participation of government and non-government stakeholders including civil society in the ATI reform process.
3. Public Accountability: The increased access to information will enable more effective monitoring of the performance of government entities, projects and programmes.

Additional information

The commitment to amend the Access to Information (ATI) Act and strengthen the ATI system in Jamaica is aligned with: • The Government of Jamaica Open Data Policy (2021) • Data Protection Act (2020) • Vision 2030 Jamaica National Development Plan – National Outcome No. 6 Effective Governance, including National Strategy 6-1 Strengthen the Process of Citizen Participation in Governance, National Strategy 6-5 Strengthen Public Institutions to Deliver Efficient and Effective Public Goods and Services, and National Strategy 6-7 Strengthen Accountability and Transparency Mechanisms; National Outcome No. 11 A Technology-Enabled Society, including National Strategy 11-1 Integrate Science and Technology into All Areas of Development • Medium Term Socio-Economic Policy Framework (MTF) for the relevant three-year period • Sustainable Development Goal (SDG) 16 Peace, Justice and Strong Institutions – Target 16.10 Ensure public access to information; Access to Information is also seen as playing a cross-cutting role, contributing towards the achievement of all seventeen SDGs • Inter-American Convention Against Corruption of which Jamaica is a party and the Committee of Experts that guides the Mechanism for Follow-Up on the implementation of the Convention (‘MESICIC’) in which Jamaica participates • The Escazu Agreement (2018) to which Jamaica is a signatory • Lima Commitment, OAS VIII Summit of the Americas (2018) - Democratic Governance Against Corruption

Milestone Activity with a Verifiable Deliverable | Start Date | End Date
Establish the Access to Information Act Advisory Committee, including confirmation of membership, approval of Terms of Reference (TOR), and endorsement of the ATI Access to Information Act Advisory Committee by the relevant Minister | June 2024 | September 2024
Establish new Joint Select Committee to review the Access to Information Act and take submissions from the public | January 2025 | April 2025
Prepare Draft Bill to amend the ATI Act and regulations based on new Joint Select Committee Report | May 2025 | October 2025
Review of Draft Bill to amend the ATI Act and regulations by the Access to Information Act Advisory Committee and consultation sessions with stakeholders and the public | November 2025 | January 2026
Finalize Bill to amend the ATI Act and Regulations | February 2026 | June 2026
Prepare improved guidelines for public bodies and ATI officers | June 2024 | June 2026
Undertake capacity development and training for ATI officers | June 2024 | June 2026
Conduct programme of public education on the ATI system and rights | June 2024 | June 2026
Strengthen reporting mechanisms for annual reports, and reporting for the SDGs and Lima Commitment | July 2024 | June 2026
Develop proposal for the application of technology for online platform for making and tracking ATI requests | June 2024 | March 2025