How to exercise your freedom to information
Based on his own experiences during Bermuda’s first 100 days of freedom of information legislation, Royal Gazette senior reporter Jonathan Bell put together this useful guide to help you get to grips with PATI.
Whatever information you want to get through the Public Access to Information (PATI) Act, it is crucial to be specific when requesting access to a record held by a public authority.
Firstly, you need to know who to approach. Each public authority has delegated an information officer, which is listed on the Information Commissioner’s web site, www.ico.bm.
Each one also has an information statement, to be updated annually, which describes the authority’s structure, what falls under its remit, and what types of records it holds.
The statement also lays out records that are exempt from PATI requests, such as personal details or information that would be harmful to the public’s interest.
It describes who to contact, and whether there is any fee associated with making a request.
Bermuda citizens and residents have a right to PATI requests, which means government-issued photo identification such as a driver’s licence must be brought to the requisite information officer.
On occasion when making requests, The Royal Gazette has also been asked to bring along a passport.
PATI request forms can be downloaded off the Bermuda Government website, www.gov.bm.
Although your identity is strictly confidential under the Act, you are required to give your full name, address and contact details on the request.
You are not required to explain why you are asking, but background information may be considered helpful.
Details on the records being requested should be as detailed as possible: the subject matter, the time frame covered by the request, with dates and references to any known documents.
Once the request has been handed in, your own work is done.
The information officer initiates it and delegates someone to find the record. If the record contains private third party information, those details will be redacted. Requests will be acknowledged within five days.
The information officer is required to send a written response six weeks from the day of the request.
Responses can range from full or partial access to the record requested, denial of access, or a refusal to state whether or not a record exists. It should come also with the authority’s reasoning.
If access is granted, the response should include details on how to get access and whether fees are to be paid.
You can request an internal review of the response within six weeks of receiving it, and can also appeal that decision by requesting an independent review by the Information Commissioner.
* The Royal Gazette is currently awaiting written responses on a number of requests under the Public Access to Information Act.