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Access
to Information and Protection of Privacy Bill
November 30, 2001
Published by Zimbabwean
Government Gazette Extraordinary dated the 30th November, 2001.
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Presented
by the Minister of State for Information and Publicity
BILL
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.
ENACTED by the President
and the Parliament of Zimbabwe
PART
I
Preliminary
1. Short title.
2. Interpretation.
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
services by a 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 a request.
13. Delegation
by the head of a public body.
14. Protection
of public body from legal suit.
PART
III
Protected
Information
15. Protection
of deliberations of Cabinet and local public bodies.
16. Protection
of advice relating to policy.
17. Protection
of information subject to client-attorney privilege.
18. Protection
of information whose disclosure will be harmful to the law enforcement
process and national
security.
19. Protection of
information relating to inter-governmental relations or negotiations.
20. Protection
of information relating to the financial or economic interests of a public
body, the government
or the country.
21. Protection
of research information.
22. Protection
of information relating to conservation of heritage sites.
23. Protection
of information relating to personal or public safety.
24. Protection
of information available to the public.
25. Protection
of information relating to business interests of a third party.
26. Protection
of information relating to personal privacy.
PART
IV
Information
Pertaining to Third Parties
27. Requirement
to notify third party.
28. Time
limit to give notice of decision.
29. Information
to be disclosed if in the public interest.
PART
V
Collection,
Protection and Retention of Personal Information by Public Bodies
30. Purposes for
which personal information may be collected.
31. Collection
of personal information.
32. Accuracy
of personal information.
33. Right
to request correction of personal information.
34. Protection
of personal information.
35. Retention
of personal information.
36. Penalty
for deliberately falsifying personal information.
PART
VI
Use and
Disclosure of Personal Information by Public Bodies
37. Use of personal
information.
38. Disclosure
for archival or historical purposes.
PART
VII
Media
and Information Commission
39. Establishment
of Media and Information Commission.
40. Powers
and functions of Commission.
41. Appointment
and composition of Media and Information Commission.
42. Financial
and miscellaneous provisions relating to Commission.
43. Annual
report of Commission.
PART
VIII
Media
and Information Fund
44. Interpretation
in Part IV.
45. Establishing
and vesting of Media and Information Fund.
46. Objects
of Fund.
47. Moneys
of Fund.
48. Levies.
49. Holding
of Fund.
50. Financial
year of Fund.
51. Accounts
and audit of Fund.
PART
IX
Further
Powers of Commission
52. Power of Commission
to conduct investigations, audits or inquiries.
53. Protection
against actions for defamation.
54. Restrictions
on disclosure of information by the Commission and staff.
55. Protection
of Commission and staff from liability.
56. Delegation
of powers by Commission.
PART
X
Reviews
by Commission
57. Right to request
for a review.
58. Procedure
for seeking review.
59. Notice
of review.
60. Inquiry
by Commission.
61. Onus
of proof.
62. Commission’s
orders.
63. Duty
to comply with orders.
64. Appeal
against a decision of the Commission.
65. Offences
and penalties.
PART
XI
Regulation
of Mass Media Services
66. Interpretation
in Part VII.
67. Application
of this Part.
68. Freedom
of expression.
69. Abuse
of freedom of expression.
70. Ownership
of mass media service.
71. Registration
of a mass media service.
72. Application
for registration.
73. Re-registration
and notification of changes.
74. Exemption
from registration.
75. Refusal
of registration of a mass media service.
76. Registration
fee.
77. Cancellation
of a registration certificate.
78. Termination
or suspension of activity.
79. Penalties
for operating a mass media service without registration certificate.
80. Accrual
of rights and duties.
81. News
agencies.
82. Publisher’s
imprint.
83. Deposit
copies.
84. Obligatory
reports.
PART
XII
Journalists
85. Rights of a
journalist.
86. Accreditation
of journalists.
87. Journalists’
code of conduct.
88. Use of
hidden equipment.
89. Abuse
of journalistic privilege.
90. Extent
of status and recognition of journalists.
91. Roll
of journalists.
92. Application
for accreditation as a journalist.
93. Accreditation
as a journalist.
94. Prohibition
against practice by, or in association with an unqualified journalist.
95. Duration
of accreditation certificate of journalist.
96. Discipline
of journalists.
97. Correction
of untruthful information.
98. Manner
in which correction is to be made.
99. Grounds
for the refusal of a correction.
100. The
right of reply.
101. Foreign
correspondents.
PART
XIII
General
Provisions
102. Regulatory
powers of the Minister.
103. Transitional
provision.
Schedules
First schedule: Records
exempt from application of Act.
Second
schedule: Heads of public bodies.
Third
schedule: Governing bodies of professions or occupations.
Fourth schedule: Ancillary
powers of Commission.
Fifth schedule: Provisions
applicable to Media and Information Commission.
Sixth
schedule: Financial and miscellaneous provisions relating to
Commission.
Memorandum
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