By Myean D. Torgbean
The Independent Information Commission (IIC) has cautioned public institutions against the misuse of Non-Disclosure Agreements (NDAs), stressing that such arrangements must not undermine Liberia’s Freedom of Information (FOI) Act.
In a formal advisory issued Sunday, the Commission said while NDAs can serve legitimate purposes in protecting sensitive information, they must remain fully aligned with the FOI law, which guarantees public access to information.
The advisory follows a recent directive by the Civil Service Agency requiring civil servants to sign NDAs an action that has raised concerns about transparency and accountability in the public sector.
“The FOI Act remains the supreme legal framework governing access to information in Liberia,” the Commission stated, warning that no internal policy or agreement should override citizens’ statutory right to information.
Citing provisions of the FOI Act, the IIC emphasized that all public institutions and even private entities performing public functions or receiving public funds are legally obligated to disclose key information, including policies, budgets, contracts, and organizational structures.
The Commission further noted that government agencies are required to proactively publish information, even without formal requests, as part of efforts to promote transparency and public trust.
Importantly, the IIC warned that labeling information as “confidential” does not automatically exempt it from disclosure. Authorities must demonstrate that withholding such information meets legal standards, including potential harm and public interest considerations.
The Commission also underscored that NDAs must not be used to intimidate or silence public officials, especially those acting in compliance with the FOI Act. It pointed out that the law protects individuals who release information in good faith from civil or criminal liability.
Additionally, the advisory highlighted constitutional protections, including the right to privacy, noting that confidentiality measures must be balanced with legal obligations for openness.
To ensure compliance, the IIC outlined key directives for institutions, including:
1.Ensuring NDAs clearly recognize the authority of the FOI Act
2.Avoiding blanket confidentiality clauses
3.Allowing lawful disclosures in the public interest
4.Training staff on transparency obligations
5.Reviewing existing NDAs to eliminate unlawful provisions
The Commission warned that it will closely monitor the implementation of NDAs across government institutions and will take action where violations of the FOI Act are identified.
Reinforcing its position, the IIC declared: “Transparency is the rule, confidentiality is the exception.”
The statement was issued by Independent Information Commissioner Joash T. Hodges.
