The Civil Service Agency (CSA) and the Independent Information Commission (IIC) are at odds over a non-disclosure agreement (NDA), which the IIC claims violates the Freedom of Information (FOI) Law of Liberia.
In a separate statement, the IIC 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, while the Civil Service Agency is calling on all civil servants to sign a compulsory Non-Disclosure Agreement.
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 statement follows a recent directive by the Civil Service Agency requiring civil servants to sign NDAs, raising concerns about transparency and accountability in the public sector.
The statement is quoted as saying, “The FOI Act remains the supreme legal framework governing access to information in Liberia,” 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 statement highlighted constitutional protections, including the right to privacy, noting that confidentiality measures must be balanced with legal obligations for openness.
