Public Access to Information (PATI) will go into effect on April 1 in “one big massive swoop” but with some initial delays possible, according to the new Information Commissioner, Gitanjali Gutierrez.

Ms Gutierrez, from the United States, outlined her office’s role as an independent, fair and unbiased body, along with the procedures for requesting information and cases in which details would not be released.

The implications of PATI are “incredibly exciting” for Bermudians and Bermuda residents who wish to request recordings held by public authorities, she said.

The commissioner’s office, which comprises only Ms Gutierrez, will open at 129 Front Street before being moved to new premises in a few months’ time.

More than 200 bodies are subject to the Act, ranging from Government ministries and departments to quangos and the Corporations of Hamilton and St George’s.

Each will have an information officer to field requests, with information statements listing the type of information available.

Requests will be kept confidential, but the commissioner can report on the numbers of requests filed and how they were handled.

The office will also resolve disputes over information given, and will give rulings on why they were disclosed or not.

Those eligible to make requests will need to provide proof of eligibility as a first step. Requests should be spelled out clearly, particularly if there are implications with regards to public interest.

“Fishing expeditions” are to be discouraged, Ms Gutierrez said: requests should be specific — although there is no need to explain why an individual is seeking certain information.

There is no fee to submit a request, but there may be fees attached to collecting certain sorts of information.

The officer will have five days to acknowledge receipt of a request, and six weeks to find the information requested, and determine whether or not it can be released.

Sixteen criteria can be invoked to withhold information, such as information that would harm an individual’s health or safety if disclosed.

Personal information, sensitive commercial information such as trade secrets, information received in confidence, international tax agreement records, Cabinet documents in which officials record their deliberations, or documents that would undermine the ability of ministers or public authorities to have free and frank open debate, would all be off-limits.

Certain sensitive records relating to operations of public bodies are exempt, as well as information that would harm national security, the disclosure of the Governor’s communications with Britain, and law enforcement details that would prejudice investigations or enforcement. Information protected by legal professional privilege is exempt as well.

Exemptions will only stand for 30 years after the creation of a piece of information, excluding personal information and details covered by other legislation.

There are also administrative grounds for turning down requests — such as cases in which information is already to be made public within three months.

Problems with the information provided can be taken up with the heads of authorities, followed by the Commissioner’s office, which can give orders with a similar binding authority to those of the Supreme Court. Request for a judicial review is a final recourse.

“In many countries throughout the world, the public’s right to access to information held by the government is a critical part of a robust democracy — information has been called the currency of a democracy,” Ms Gutierrez said.

“When the public can get information as a matter of right, rather than as a matter of discretion, it allows everyone to engage in public policy debates and participate in a democracy in an informed manner.

“This ultimately leads to better decision making, accountability, and policies.”