Penang Freedom of Information Appeals Board issues directive after finding that the authorities failed to show how disclosure of the agreement is detrimental to the state.

The board made the order today after finding that the authorities had failed to show how disclosure of the agreement was detrimental to the state.
The decision followed an appeal by Protect Karpal chief AD Chandrasekaran, who sought a copy of the agreement for the rehabilitation of the landfill and reclamation works for a mixed development project in Section 8, Bandar Jelutong.
The agreement is a joint development agreement involving the Penang government, Penang Development Corporation and PLB Engineering Sdn Bhd.
Chandrasekaran’s request for the documents’ release had been rejected earlier by the state secretary’s office on the grounds that the disclosure would harm Penang’s economic interests or the financial interests of any administration in the state.
The state secretary’s office also cited confidentiality clauses in the agreement.
Chandrasekaran, however, said the agreement should be made public as it involved government land, public funds and a project of public interest.
He also argued that releasing the agreement would not harm the state, but would instead improve transparency and accountability.
Appeals board chairman K Kumaraendran said the authorities could not rely on broad claims of economic harm without showing how the state would actually be affected.
“The information officer could not satisfactorily answer how the state would suffer if the agreement was disclosed,” Kumaraendran told FMT.
He said the board found Chandrasekaran’s appeal justified and ordered that the full agreement be given to him.
Kumaraendran said the authority’s refusal was too broad and did not specify clear reasons for denying the request.
The three-member panel was chaired by Kumaraendran, with deputy chairman K Simon Murali and R Nagarethinam Pillay sitting as panel members. - FMT
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