Right 2 Know Malaysia

3 (1) Every department shall –

     (a) publish within 5 months of the commencement of this Act:

          (i) the powers and duties of its officers and employees;

          (ii) the procedure followed in the decision making process, including channels of supervision and accountability;

          (iii) the norms set by it for the discharge of its functions;

          (iv) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

          (v) a directory of its officers and employees;

          (vi) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations

          (vii) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

          (viii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;

          (ix) particulars of concessions, permits or authorisations granted by it;

          (x) details in respect of the information, available to or held by it, reduced in an electronic form;

          (xi) the names, designations and other particulars of the Information Officers, and appeals bodies under the Act;

          (xii) such other information as may be prescribed; and thereafter update their publications within such intervals in each year as may be prescribed;

     (b) publish all relevant facts while formulating important policies or announcing the decisions which affect public;

     (c) provide reasons for its administrative or quasi judicial decisions to affected persons;

     (d) before initiating any project, or formulating any policy, scheme, programme or law, publish or communicate to the public in general or to the persons likely to be affected thereby in particular, the facts available to it or to which it has reasonable access which in its opinion should be known to them in the best interest of natural justice and promotion of democratic principles.

   (e) Upon signing, public authorities must publish all contracts entered into, detailing at a minimum for each contract:

      (i) The public works, goods acquired or rented, and the contracted service, including any sketches, scopes of service and/or terms of reference;

             (ii) The amount;

           (iii) The name of the provider, contractor or individual to whom the contract has been granted,

           (iv) The periods within which the contract must be completed.

(2) Information shall be updated at least every 6 months, while regulations may specify shorter time frames for different types of information, taking into account how often the information changes to ensure the information is as current as possible.

(3) It shall be a constant endeavour of every office to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information proactively to the public at regular intervals through various means of communications so that the public have minimum resort to the use of this Act to obtain information.

(4) All materials shall be disseminated taking into consideration the local language and the most effective method of communication in that local area and the information should be easily accessible ,including through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection at the offices of a public body.

(5) the head of the public body shall be responsible for the preparation and updating of information disclosed under this section.

Explanation.—For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public body.

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and to promote transparency and accountability for each department in the State Government.

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– (d) to process and comply with the requests for information unless otherwise exempted without exception and to revert to the applicants within the prescribed time;

– (e) to develop a tracking system to monitor the processing of each application for information and to enable the applicant to enquire on the progress of his application; and

– (f) all things necessary to facilitate the flow of information between the agency or entity and the applicants of the information.

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where any such application does not fully adhere to the prescribed form, the application may not be refused by the Information Officer for that reason.

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(3) If a request for information in an application is unclear, the department shall use all reasonable efforts to obtain clarification from the applicant and this shall not extend the prescribed time stated in subsection (1) and (2) to provide the written confirmation to the applicant.

Exempted information

14. The following is considered to be exempted information:

(a) information which has been classified as strictly confidential under the Official Secrets Act 1972 [Act 88] which if disclosed, would seriously prejudice national security or national defence by materially undermining the country’s ability to protect or defend its existence or territorial boundaries or its capacity to respond to the use or threat of force;

(b) information obtained—

– (i) from a third party and to communicate it would constitute an actionable breach of confidence;

– (ii) in confidence from a third party and it contains a trade secret or to communicate it would, or would be likely to, seriously prejudice the commercial or financial interests of a third party; or

– (iii) in confidence from another state or international organization, and to communicate it would, or would be likely to, seriously prejudice relations with that state or international organization;

(c) information where if disclosed would, or would be likely to cause serious prejudice to the effective formulation of policy or development of the State Government.

Exceptions to exemptions

15. (1) Notwithstanding section 14—

(a) a department shall grant access to exempted information to an applicant if public interest in disclosure outweighs the harm of disclosure;

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18. (1) It is an offence if a person:

          (a) uses any information obtained under this Enactment contrary to the reason and purpose of such application is made if the effect is detrimental;

          (b) gives false information in the form under subsection 6(1);

          (c) destroys, erases, alters, damages, conceals, blocks or falsify any information within the control of any department with the intention of preventing disclosure of any information or any part thereof or obstructing access to any information;

          (d) knowingly gives incorrect or misleading information to an applicant; or

          (e) willfully obstructs or denies access to information that is not otherwise exempted.

9.8. Setiap perjanjian yang di tandatangani Kerajaan Negeri Selangor perlu memasukkan klausa Enakmen Kebebasan Maklumat di mana sekiranya terdapat kepentingan awam di mana orang awam perlu perkara ini, maka status mengetahui mengenai dokumen berperingkat perjanjian boleh diubah oleh MMKN untuk dimaklumkan kepada orang awam tanpa mendapatkan persetujuan pihak ketiga terlebih dahulu.