RTI Commission says Legislative Instrument needed to expand law to more private bodies

The Right to Information (RTI) Commission says the absence of a Legislative Instrument (LI) is limiting the full application of Ghana’s Right to Information law to certain private institutions.

Head of Legal at the Commission, Stephen Owusu, disclosed that work on the LI has been ongoing for years and is expected to formally identify “relevant private bodies” that could be subjected to the Act.

Speaking on Joy FM’s Super Morning Show, Mr Owusu explained that the RTI Act currently recognises both public institutions and what it describes as “relevant private bodies.”

However, he said the latter category cannot fully take effect until the LI is passed.

“The relevant private bodies will come into existence when the LI is passed,” he stated.

According to him, the Commission has, in the meantime, relied on the broader definition of public institutions under Section 84 of the RTI Act when handling information requests.

The law defines public institutions to include private organisations that either receive public resources or perform public functions.

Mr Owusu said the Commission has adopted an expansive interpretation of the law to ensure greater transparency and accountability in both public and quasi-public activities.

He stressed that the goal is not to interfere in private business operations but to ensure accountability where public interest is involved.

“We are talking about ensuring accountability and transparency inasmuch as you have an interface with the public,” he explained.

The RTI Act was passed in 2019 after nearly two decades of advocacy by media organisations, anti-corruption groups, and civil society actors.

Governance experts have repeatedly argued that the effective implementation of the law remains crucial in promoting open government, accountability, and public trust in institutions.

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