Access To Information And Protection Of Privacy Act [Chapter 10:27]

Chapter 10:27

Access To Information And Protection Of Privacy Act

Acts 5/2002, 5/2003, 21/2004, 20/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.
3. Application of Act in relation to other laws.
4. General application of Act.

PART II

ACCESS TO INFORMATION

5. Right to information.
6. Request for record.
7. Fees for access to records and related services by public body.
8. Duty to assist applicants.
9. Contents of response.
10. Access to information.
11. Extension of time limit for responding.
12. Transfer of request.
13. Delegation by head of public body.

PART III

PROTECTED INFORMATION

14. Protection of deliberations of Cabinet and local government bodies.
15. Protection of advice relating to policy.
16. Protection of information subject to client-attorney privilege.
17. Protection of information whose disclosure will be harmful to law enforcement process and national security.
18. Protection of information relating to inter-governmental relations or negotiations.
19. Protection of information relating to the financial or economic interests of public body or the State.
20. Protection of research information.
21. Protection of information relating to conservation of heritage sites.
22. Protection of information relating to personal safety.
23. Information otherwise available to the public.
24. Protection of information relating to business interests of a third party.
25. Protection of information relating to personal privacy.

PART IV

INFORMATION PERTAINING TO THIRD PARTIES

26. Requirement to notify third party.
27. Time limit to give notice of decision.
28. Information to be disclosed if in the public interest.

PART V

COLLECTION, PROTECTION AND RETENTION OF PERSONAL INFORMATION BY PUBLIC BODIES

29. Purposes for which personal information may be collected.
30. Collection of personal information.
31. Accuracy of personal information.
32. Right to request correction of personal information.
33. Protection of personal information.
34. Retention of personal information.
35. Penalty for deliberately falsifying personal information.

PART VI

USE AND DISCLOSURE OF PERSONAL INFORMATION BY PUBLICBODIES

36. Use of personal information.
37. Disclosure for archival or historical purposes.

PART VII

ZIMBABWE MEDIA COMMISSION

38. Establishment and composition of Zimbabwe Media Commission.
39. Functions of Zimbabwe Media Commission.
40. [Repealed].
41. Financial and miscellaneous provisions relating to Commission.
42. Annual report of Commission.

PART VIIA

MEDIACOUNCIL

42A. Constitution of Media Council.

42B. Code of conduct and ethics of journalists and mass media services and resolution of breaches thereof. 42C. Taking of evidence by Council.

42D. Powers of Council.

42E. Appeals from decisions of Commission.

42F.  Enforcement of orders of Commission.

42G. Penalty for contravention of decisions or orders of Commission.

42H. Council to keep records.

PART VIII

MEDIA AND INFORMATIONFUND

43. Establishment and vesting of Media and Information Fund.
44. Objects of Fund.
45. Moneys of Fund.
47. Holding of Fund.
48. Financial year of Fund.
49. Accounts and audit of Fund.

PART IX

FURTHER POWERS OF COMMISSION

50. Power of Commission to conduct investigations, audits or inquiries.
51. Restrictions on disclosure of information by Commission and staff.
52. Delegation of powers by Commission. 52A. Power of Commission to issue orders.

52B. Determinations and inquiries by Commission.

PART X

REVIEWS BYCOMMISSION

53. Right to request a review.
54. Procedure for seeking review.
55. Notice of review.
56. [Repealed].
57. Onus of proof.
58. [Repealed].
59. [Repealed].
60. [Repealed].
61. [Repealed].

PART XI

REGULATION OF MASS MEDIA SERVICES

62. [Repealed].
63. Application of Part XI.
64. Abuse of freedom of expression.
65. Restriction on ownership of mass media service.
66. Registration of mass media services. 66A. Renewal of registration of mass media service 67. Notification of changes.
67. Exemption from registration.
68. Refusal of registration of mass media service.
69. Registration fee.
70. Suspension, cancellation and enforcement of registration certificates.
71. Penalties for operating mass media service without registration certificate.
72. [Repealed].
73. News agencies.
74. Publisher's imprint.
75. Deposit copies.
76. Obligatory reports.

PART XII

JOURNALISTS

78. Privileges of accredited journalists.
79. Accreditation of journalists.
80. Abuse of journalistic privilege.
81. [Repealed]
82. Roll of accredited journalists.
83. [Repealed].
84. Evidence and duration of accreditation of journalists.
85. [Repealed].
86. Correction of untruthful information.
87. Manner in which correction is to be made.
88. Grounds for the refusal of correction.
89. Right of reply.
90. Representative offices of foreign mass media services. PART XIII

GENERALPROVISIONS

90A. Appeals to Administrative Court.

90B. Offences and penalties.

91. Regulatory powers of Commission.
92. Amendment of section 4 of Cap. 11:09.
93. Transitional provisions.

SCHEDULES

First Schedule: Records excluded from application of Act.

Second Schedule: Public bodies and heads of public bodies.

Third Schedule: Ancillary powers of Commission.

Fourth Schedule: Provisions applicable to Commission.

Fifth Schedule: Financial and miscellaneous provisions relating to Commission.

AN ACT to provide members of the public with a right of access to records and information held by public bodies; to make public bodies accountable by giving the public a right to request correction of misrepresented personal information; to prevent the unauthorised collection, use or disclosure of personal information by public bodies; to protect personal privacy; to provide for the regulation of the mass media; to establish a Media and Information Commission and to provide for matters connected therewith or incidental to the foregoing.

[Date of commencement : 15th March, 2002.]