Five years of RTI regime in Sri Lanka: factors causing low proactive disclosure of information and possible remedies

Abstract

Statutory obligations are imposed upon ministers by sections 8 and 9 of the Right to Information Act (RTI Act)1, while Regulation No. 202 issues guidelines for public authorities on the proactive disclosure of information through a digital or electronic format. However, slow progress in implementing proactive disclosure measures and the resultant absence of vital information on digital platforms in a constantly updated and user-friendly manner is not only a failure of the public authority to comply with legal obligations to disclose information proactively but also causing a further delay in realising full benefits of the RTI Act by the citizen. This paper examines the present status of the proactive disclosure of information by public authorities in terms of the RTI Act and analyses factors that cause the low performance. Secondary data, particularly results of two studies in 2017 and 2020 undertaken by Verité Research and the Right to Information Commission (RTIC), respectively, have been analysed using descriptive methods. The study found that a key factor causing the low proactive online disclosure is the absence of practices of modern record management and the near absence of proper identification of ‘records’ or ‘information’ generated by public authorities by indexing and cataloguing and by maintaining regularly updated schedules of records. The second key factor found is the absence of a schedule of proactively disclosable records that is maintained constantly updated for monitoring such records. The lack of awareness and a clear knowledge of concepts on the part of state officials are also found as critical issues. The study recommends that all public authorities maintain (a) a general records schedule [common to all agencies]; and (b) an agency records schedule [unique to the agency], preferably in electronic format, and update the same on a daily basis. It is also recommended that a public authority maintains a schedule of proactively disclosable records called a “Proactive Disclosure Matrix”, preferably in electronic format and updates the same on a daily basis.