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PATI regulations approved

Premier Michael Dunkley

Public Access to Information (PATI) legislation took another step forward with the approval of regulations in the House of Assembly.

Premier Michael Dunkley described PATI as the “hallmark of a modern democracy”, promising it would help promote and encourage a culture of transparency and accountability within government.

While the core PATI legislation was approved in 2010, Mr Dunkley said further legislation was required to “clarify and expand upon the provisions pertaining to notice periods, penalties, exemptions from disclosure, and fees” before it could be implemented.

Those details, together with a handful of amendments to the initial act, were included in the Public Access to Information Regulations 2014 and the Public Access to Information Amendment Bill 2014, which were unanimously approved in the House this afternoon.

When the legislation comes into effect on April 1 next year, Mr Dunkley said members of the public, including journalists, will be able to request copies of records from many public authorities including the Bermuda Hospitals Board and the new Tourism Authority. However, he noted that there was already a “substantial body of information” already available to the public.

“Prior to the implementation of PATI, public authorities will be encouraged to continuously make other categories of information available to the public so that access is afforded without the need to make a request under the Act,” he said. “Indeed, section 6 of the Act requires public authorities to provide information to the general public at intervals so that requests to obtain information under PATI are really a last resort.

“The Bill proposes an amendment to the Act to require public authorities to annually inform the public of the types of information they hold.”

While the legislation is designed to “lift the veil” around government records, he noted that there are still exemptions protecting privileged information, such as that protected by legal professional privilege, and matters of national security.

He explained that the amendments also extend the period of time that government has to respond to requests from the four weeks in the current legislation to six weeks.

The legislation also makes it an offence to alter, erase, destroy or conceal records to prevent them being distributed, with those responsible facing a $10,000 fine and/or six months behind bars, unless they are found to be acting in good faith.