As per the interpretation section of this Act (Section 43); “information” includes any material which is recorded in, in any form including;

records, documents, memos, emails,
opinions, advices, press releases, circulars,
orders, log books, contracts, reports,
papers, samples, models, correspondence,
memorandum, draft legislation, book, plan, map,
drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, computer records and other documentary material, regardless of its physical form or character and any copy thereof.

Accordingly, it is evident that information does not only means mere records or documents and it entails diverse range of elements.

The right to information Act of Sri Lanka provides a broader coverage for institutions coming under the preview thereof compared to the Indian right to information Act which covers information only of government institutions. Therefore, as per the provisions of this Act in Sri Lanka, people are able to access information of the institutions mentioned below as specified in section 43:-

1. Ministries of the Government
2. Any institution created or established by or under the Constitution, any written labor a statute of a Provincial Council,
3. Government Departments,
4. Public corporations,
5. Companies incorporated under the Companies Act, No. 7 of 2007, in which the State, or a public corporation or the State and a public corporation together hold twenty five per centum or more of the shares,
6. Local authority – Municipal Councils, Town Councils or Pradeshiya Sabhas;
7. Private entities or organizations which are carrying out a statutory or public function or service, under a contract, partnership, an agreement or a license from the government or its agencies or from a local body( only to the extent of activities covered by that statutory or public function or service),
8. Department or other authorities or institutions established or created by a Provincial Council,
9. non-governmental organizations that are substantially funded by the government or by a foreign government or international organizations,
10. Higher educational institutions which are funded, wholly or partly, by the State or Provincial Councils,
11. Private educational institutions including institutions offering vocational or technical education which are funded, wholly or partly, by the Stator a Provincial Council,
12. All courts, tribunals and institutions created and established for the administration of justice,

Accordingly, under the provisions of this Act, citizens have the right to receive information connected to private entities or organizations which are carrying out a statutory or public function or service, under a contract or an agreement. For instance a citizen has the right to receive information related to sewage management from a private company which functions and render such service under contract with a Municipal Council. However, no other information of the said company can be received using the provisions of this Act.

Similarly, as per the provisions of this Act, citizens have the right to demand for information of non-governmental organizations which are substantially funded by the government or by a foreign government or international organization and carrying out a public function.

Therefore, it is obvious that given the scope of provisions of the right to information Act, citizens have the right to access for information not only of government institutions but also of other institutions in which public funds are used for public functions.

The fee schedule for receiving information can be downloaded here

Part II of the right to information Act refers to ‘denial of access to information’ and the section 5 stipulates instances of a request for information can be refused. As per the section 5, information can be refused in the following cases:-

A. The information relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual or the person concerned has not consented in writing to such disclosure.

B. Disclosing the requested information would

• Undermine the defense of the State or its territorial integrity or national security.
• be or is likely to be seriously prejudicial to Sri Lanka’s relations with any State, or in relation to international agreements or obligations under international law, where such information was given by or obtained in confidence.

C. Disclosure of such information would cause serious prejudice to the economy of Sri Lanka by disclosing prematurely decisions to change or continue government economic or financial policies relating to:-

• exchange rates or the control of overseas exchange transactions;
• the regulation of banking or credit;
• taxation;
• the stability, control and adjustment of prices of goods and services, rents and other costs and rates of wages, salaries and other income; or
• the entering into of overseas trade agreements;

D. Information, including commercial confidence, trade secrets or intellectual property, unless the public authority is satisfied that larger public interest warrants the disclosure of such information.

E. Information could lead to the disclosure of any medical records relating to any person, unless such person has consented in writing to such disclosure

F. Information consist of any communication, between a professional and a public authority to whom such professional provides services, which is not permitted to be disclosed under any written law, including any communication between the Attorney General or any officer assisting the Attorney General in the performance of his duties and a public authority;

G. Information is required to be kept confidential by reason of the existence of a fiduciary relationship (Eg: A person authorized to act under a last will).

H. The disclosure of such information would-

• cause grave prejudice to the prevention or detection of any crime or the apprehension or prosecution of offenders; or
• expose the identity of a confidential source of information in relation to law enforcement or national security, to be ascertained;

I. Information has been supplied in confidence to the public authority concerned by a third party and the third party does not consent to its disclosure. However, the respective public authority should check with the said third party of any objection in disclosing such information.

J. The disclosure of such information would be in contempt of court or prejudicial to the maintenance of the authority and impartiality of the judiciary.

K. The disclosure of such information would infringe the privileges of Parliament or of a Provincial Council as provided by Law.

L. Disclosure of the information would harm the integrity of an examination being conducted by the Department of Examination or a Higher Educational Institution;

M. The information is of a cabinet memorandum in relation to which a decision has not been taken.

N. The information relates to an election conducted by the Commissioner of Elections which is required by the relevant election laws to be kept confidential.

Provisions in relation to the manner in which information can be requested are given in section 27 (3). Accordingly:-

• inspect relevant work, documents, records,
• take notes, extracts or certified copies of documents or records,
• take certified samples of material,
• obtain information in the form of diskettes, floppies, tapes, video cassettes or any other electronic mode or through printouts where such information is stored in a computer or in any other device.