[kictanet] Day 4: What Data should be exempted from the Act (access) &

[Brian Longwe]

On Feb 15, 2007, at 8:54 AM, joseph kihanya wrote:

>
> Even if it can be shown that disclosure of the information would  
> cause substantial harm to a legitimate aim, the information should  
> still be disclosed if the benefits of disclosure outweigh the harm.  
> For example, certain information may be private in nature but at  
> the same time expose high-level corruption within government. The  
> harm to the legitimate aim must be weighed against the public  
> interest in having the information made public. Where the latter is  
> greater, the law should provide for disclosure of the information.
>

Who is responsible for determining the "weight" of a disclosure, and  
whether the legitimate aim is heavier than the public interest? Have  
we made provision for an ombudsman to make such rulings fron an  
entirely neutral standpoint?

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Brian Longwe					+254(0) 20 445 2327 - t
Chief Executive Officer			+254(0) 722 518744 - m
InHand Limited					+254(0) 733 518744 - m
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Westlands Close, Westlands Rd.	www.inhand.co.ke
P.O. Box 30054-00100			SIP: 30753274 at sip.epygi.com
Nairobi, Kenya



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