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‘Pati request decisions must be quicker’

Right to Know: Gitanjali Gutierrez (Photograph by Blaire Simmons)

Information commissioner Gitanjali Gutierrez has called for the Bermuda Government to reduce the six-week time frame public authorities have to reach a decision on freedom of information requests.

“International best practice is for a decision on access to be made in 20 days,” she said in her annual report.

“Our law is more than double the international standard. The lengthy time frames advantage public authorities who may instinctively seek to delay access to a record.

“No advantage is gained by the requester. Delay builds frustration in requesters, who often have a pressing need for the records requested.

“It is the position of the information commissioner that a reduction in the processing times to bring them within international best practices would strengthen the Pati Act as our law and practice evolves.”

Today marks the one-year anniversary of Bermuda’s Public Access to Information Act being enacted.

According to Ms Gutierrez, there were 102 requests made between April 1 and December 31, 2015, or an average of about ten requests a month.

This newspaper was not able to obtain an official number of total requests to date from the Cabinet Office, which is responsible for Pati.

As of December 31, the information commissioner was considering seven appeals from requesters who were not satisfied with the outcome of their requests.

Three of those were because the public authority failed to decide on disclosure within the legislated time frame.

A third of the requests submitted last year resulted in the full disclosure of records, while almost a quarter of requests for records were denied and access was granted in part for 16 requests.

In 14 cases where access was denied, public authorities said the record did not exist or could not be found.

Other reasons given for refusal to disclose records included that it was information received in confidence, personal information or was already public.

Ms Gutierrez said: “The information commissioner’s authority to enforce the obligations of the Pati Act through decisions on reviews ensures that the Pati Act will be more than a paper tiger.

“As we move forward in the upcoming year, I will issue decisions reached through a fair process and impartial application of the law.

“These decisions will further the understanding of both the public and public authorities about the nature of the rights under the Act and the strength of their independent enforceability.”

She added: “The Pati Act has a strong enforcement framework and, in this respect, offers protections to the right of access that mirror international best practices. The information commissioner’s office provides an independent review — or appeal — of the public authority’s decisions or inactions.

“During the review process, the ICO can test the public authority’s justification for withholding a record, reasons for seeking an extension of time, failure to issue a timely decision and any other aspect of the public authority’s obligations under the Act.

“The Pati Act affords the information commissioner robust investigation powers to facilitate the review process, including the authority to compel the production of evidence and enter any premises to interview individuals or examine records and systems.”