KUALA LUMPUR, Jan 21 — While Malaysia awaits the tabling of a federal Freedom of Information (FOI) Act, the states of Selangor and Penang remain the only two territories in the country where citizens possess a statutory “right to know”.

A Cabinet meeting on October 17 last year decided that the FOI Bill could not be tabled in the December 2025 parliamentary sitting due to a full agenda, and deferred it to early this year. 

Enacted purportedly to promote transparency and accountability, the idea for these state-level laws was to allow the public to request documents held by government departments.

However, navigating the bureaucracy requires a clear understanding of the rules. Here is how the FOI laws in these two states function.

How to file a request (Step-by-step)

The process in both states follows a similar “manual” workflow, requiring physical interaction with state departments. This means applications can only be submitted in person.

Before submitting a request for information, identify the department (for example: state agency or local council) that holds the required information. Then applicants must fill out a specific form (Borang A) and submit it by hand to the appointed Information Officer of that particular department.

Every application requires a fee and it’s non-refundable. The Selangor government charges a flat fee of RM12 per submission under its FOI Enactment 2011.

Penang’s fee is steeper — at RM50 per “standard” submission and RM100 for information that requires archival searches under the state’s FOI Enactment 2010.

There is no one-stop-centre to make a request under the FOI in both states. Instead, applications must be done at the main office of the specific state agency that pertains to the requested information.

For example, if an application is made for information about a project that was approved by the Ampang Jaya City Council, the submission must be made through the Information Officer at the MPAJ’s headquarters in Pandan Indah, Selangor.

Will all FOI applications be approved?

This is when it gets a bit tricky. Approval is not guaranteed and all applications under the FOI will still be subjected to a review, reportedly by the Information Officer of the respective department.

If the information is complex, Selangor allows for a 30-day window, while Penang typically aims for a 14-day turnaround. If approved, the applicant may be required to pay additional costs for printing, scanning, or disk copies before the information is released.

Typical reasons for rejection can include the information being classified as official secrets under the Official Secrets Act 1972, or the protection of “commercial interests” such as “trade secrets” or “information that may prejudice the commercial or financial interests” of a company.

Information may also be withheld if disclosure would “cause serious prejudice to the effective formulation of State Government policy”, or be deemed capable of disrupting administrative processes.

Criticism against existing FOIs

Despite the enactments being touted as a “game-changing” reform legislation that would promote transparency, critics said the FOIs in both Selangor and Penang often have fallen short of expectations.

For example, rights groups protesting the PJD Link tolled road project were furious when requests for its Social, Environmental, and Traffic Impact Assessments (SIA, EIA, TIA) made under the FOI were ignored, forcing residents to take the matter to the High Court in March 2025. 

The court eventually ruled in favour of residents, but it was reported that the Selangor government has yet to make the documents available.

In Penang, an activist had his application for a TIA report regarding a 28-storey foreign workers’ dormitory rejected after he was deemed to be lacking locus standi. 

Media reports said the Penang Island City Council (MBPP) ignored the request for months, before Penang FOI Appeals Board rebuked the council in early 2025 and overturned the decision, ordering the release of the report.