A consequence test is a key element in determining whether certain information should be classified as exempt. Public bodies are required to conduct a consequence test before rejecting an information request and must carry out a thorough analysis to assess the risks of disclosing or withholding the information.
The consequences test must consider the legal basis for the exemption, risk mitigation measures, and the balance between public interest and state or personal confidentiality.
The Information Commission will then re-examine the consequence test during a hearing to ensure that the grounds for exemption are legitimate and proportionate, including assessing whether there is an overriding public interest.
This was conveyed by Syawaluddin, a Commissioner of the Central Information Commission, during a Public Discussion titled “Sengketa Informasi Publik” (Public Information Disputes) held on Thursday (Nov. 13) at the UGM Faculty of Law (FH UGM).
Syawaluddin acknowledged that public bodies frequently lose cases because the consequence tests they prepare are incomplete or overly simplistic. Common errors also occur, such as assuming that an entire document is exempt when, in fact, only certain information within the document is classified as exempt, not the document as a whole.
“Therefore, it is crucial to conduct an in-depth analysis, including assessing the impacts of disclosure, risk mitigation, technical procedures for providing information, and alternative ways to fulfill public rights without compromising state confidentiality,” he said.
In every information dispute, Syawaluddin explained, it is the responsibility of the public body to prove that its refusal to disclose information has a strong legal basis and has undergone a valid consequence test. If the evidence is insufficient, the Information Commission may annul the exemption decision.
“This mechanism ensures that transparency continues to function, while information that is genuinely sensitive remains protected through an accountable and responsible process,” he explained.
Syawaluddin noted that one of the Public Information Commission’s roles is to resolve public information disputes.
Such disputes may arise when applicants are dissatisfied with a public body’s response, receive no response to their objection, or have their request denied because the information is deemed “exempt.” Types of exempt information include state secrets, business competition secrets, and personal data.
“However, Article 18 still provides exceptions, for example, when the owner of personal data gives written consent or when the information concerns a public office, not private matters. Through this commission, every information request submitted by the public is processed systematically, beginning with case registration, the formation of the commissioner panel, and the summons of the parties for a hearing,” he added.
Author: Leony
Editor: Agung Nugroho
Post-editor: Rajendra Arya