KUALA LUMPUR, July 29 — The government has introduced a proposed law that sets out how Malaysians can request access to information held by federal public authorities.

This proposed law — Freedom of Information — establishes the procedures for making requests, how public authorities handles and manages requests. 

It is also intended to regulate the process for requesting access to information, without overriding existing secrecy laws or creating a constitutional right to information.

If the proposed law gets a green light, here is how the proposed legislation works.

Who can apply?

Only Malaysian citizens aged 18 and above may request access to information.

A person may also request information on behalf of a third party if they are the third party’s legal guardian or legal heir, or the legal administrator of a deceased person’s estate.

Applications must be made in writing, specify the required particulars, including the requested information and the purpose of the request, and be accompanied with a fee to be prescribed by the Yang di-Pertuan Agong through an order. 

Upon receiving a request, the appointed officer must provide the applicant with a written acknowledgement.

What can information be requested for?

The proposed law allows requests for purposes including to verify and make corrections to personal information. 

It also applies to non-commercial research or educational purposes by students, apprentices, trainees, researchers or resident scholars; reporting, publication or dissemination of information by media practitioners; or any other purpose not contrary to any written law where the applicant has a proper and tangible interest.

However, the proposed law expressly states that these purposes do not provide any persons or the press with a right to access information.

Can authorities ask for additional information?

Yes.

An appointed officer may require an applicant to provide reasonable proof of identity and citizenship, or any other information or document relating to the request, in the manner determined by the public authority.

Which public authorities are covered?

The Bill applies to the Federal Government, the Parliamentary Service, federal statutory bodies established under an Act of Parliament and

the local authorities of Kuala Lumpur, Putrajaya and Labuan.

It does not apply to state governments or bodies established under state law, such as state development corporations like Selangor State Development Corporation (PKNS) or local councils such as Petaling Jaya Municipal Council.

How long does the process take?

Public authorities must decide within 15 working days of receiving a request whether to allow or reject it.

If approved, the requested information must generally be provided within 14 working days from the date the decision is made.

Where a request concerns the life and liberty of an individual, the authority must make a decision within 48 hours of receiving the request. 

If the request is allowed, the information must be provided as soon as practicable within 14 working days from the date the decision is made.

The proposed law also allows the period for providing information to be extended by not more than 21 working days or any other reasonable period if the request involves a large number of documents or requires records to be searched in another state, city or district.

Where the period is extended, the appointed officer must notify the applicant of the extension period and the reasons for the extension.

When can a request be refused?

A public authority may refuse a request if:

• the requested information is included in the proposed law as exempted information;
• the information is publicly available;
• the information does not exist or is not within the control of the public authority;
• it contains the personal information of a third party, except in circumstances provided under the proposed law;
• the request is vexatious or unreasonable; or
• the same request was rejected within the previous six months and the applicant does not provide a reasonable explanation for requesting the information again.

A refusal must be given in writing, state the reasons for the refusal, and inform the applicant of the procedures for appealing to the head of the public authority.

Can access be deferred?

Yes.

A public authority may defer access if the requested information has been submitted for and is pending publication for proceedings in Parliament or is pending release to the media.

The authority must inform the applicant of the reasons for the deferment and, where possible, indicate the period of the deferment.

What information is exempt from disclosure?

The proposed law exempts a broad range of information from disclosure, including:

• official secrets and information protected under other written laws;
• information relating to law enforcement, investigations, prosecutions, confidential sources, witness protection programmes and investigative methods;
• information that could prejudice the assessment or collection of taxes, duties or penalties, or endanger a person’s life, safety, health or welfare;
• trade secrets, information that could prejudice the commercial, financial, economic or property interests of a public authority, or ongoing research;
• confidential information received from third parties, another State or an international organisation, or where disclosure would breach a contract, duty of confidentiality or court order;
• information protected by legal professional privilege, medical confidentiality, or relating to court or tribunal proceedings;
• internal government opinions, advice, recommendations, consultations and deliberations;
• personal information; and
• unpublished broadcasting, public communication or media material intended for future publication, including information that would disclose journalistic or broadcasting sources.

Can applicants appeal?

Yes.

Any person aggrieved by the decision of a public authority may appeal in writing to the head of the public authority within 14 working days after receiving the notice of refusal.

The head of the public authority may affirm, vary or set aside the decision.

If still dissatisfied, the applicant may seek an external review by the Ombudsman before applying for judicial review in the High Court.

The Ombudsman, a body proposed under separate legislation to review decisions on access to information, may affirm, vary or set aside the decision of the head of the public authority.

However, the explanatory statement says the Ombudsman has no jurisdiction over to review information excluded from the operation of the proposed law or information protected under the Official Secrets Act 1972 or any other written law.

The explanatory statement also notes that the provisions relating to the Ombudsman are deferred pending the tabling of the Ombudsman Bill (another proposed law).

Does the proposed law require proactive disclosure?

The proposed law says each public authority may publish information such as its organisational structure, functions and powers, contact details and official working hours, services, complaint management system, applicable laws and guidelines, strategic plans, statistics on requests made under the Bill, and the contact details of officers responsible for handling requests.

It also says published information must not identify, or be capable of identifying, any person who made a request or any other individual.

Are there penalties?

Under the proposed law, it is an offence to use information obtained for a purpose contrary to that stated in the request; provide false information in a request; or unlawfully destroy, erase, alter, damage, conceal, block or falsify information to prevent its disclosure or obstruct a request.

Those convicted are liable to a fine of up to RM100,000, imprisonment of up to five years, or both.

Does it create a right to information?

No.

Under the proposed law’s Clause 22, it states that nothing in the proposed law shall be construed as fundamental liberties under Part II of the Federal Constitution.

The explanatory statement further says the proposed law creates only a procedural mechanism for requesting access to information. It does not create an overriding substantive right to disclosure, affect the operation of existing secrecy laws, or recognise a constitutional right to information or freedom of the press.

The proposed law, Freedom of Information Bill 2026, which was tabled for the first reading last Monday (July 13), was referred to a Parliamentary Special Select Committee (PSSC) after taking into account stakeholders’ views on several aspects of the proposed legislation.