FREEDOM OF INFORMATION ACT – Gov’t Requests Extension, Enriquez Insists on FOIA ‘Access Decision’ Deadline

The Office of the Prime Minister has requested an extension to process a comprehensive Freedom of Information Act (FOIA) request regarding Constituency Development Fund (CDF) allocations, citing administrative challenges. Public-interest litigant Jeremy Enriquez, however, maintains that the law mandates an access decision within fourteen days, regardless of the complexity of the request. In a letter dated November 13th, the Government acknowledged Enriquez’s request for detailed CDF records, including multi-year budget allocations, disbursement records, vouchers, audits, and internal assessments. However, it argued that retrieving such extensive data from multiple ministries within the statutory period was impractical. The Cabinet Secretary proposed extending the deadline to December 15th, 2025, to ensure a thorough response. Enriquez responded on November 14th, recognizing the administrative burden but emphasizing that the FOIA requires ministries to issue an access decision—whether to grant, deny, or partially grant the request—within fourteen days, as stipulated in Section 16. He argued that Parliament was aware of the time needed to compile records when enacting the law, meaning administrative difficulties do not exempt the Government from its legal obligation. Enriquez urged the Office of the Prime Minister to issue the access decision within the statutory window, with the understanding that the actual disclosure of documents could follow later. He also expressed willingness to extend the disclosure deadline to January 5th, 2026, to accommodate operational constraints, particularly during the Christmas period. However, he warned that failure to provide the access decision within five days of his correspondence would be considered a deemed refusal, prompting him to pursue legal action.