‘Understaffed’ ICO is late with annual report
Information Commissioner Jason Outerbridge has stonewalled a question about why his office has yet to release an annual report for 2025.
The commissioner is required, under the Public Information Act 2010, to prepare a report and have it laid before Parliament by the end of March each year.
Typically, the ICO annual report is released in that time frame — but six months on from the deadline, there is still no sign of the report for last year.
Asked about the delay by The Royal Gazette, an ICO spokeswoman said the commissioner had no comment.
Separately, the office issued a statement today about the appointment of Kentisha Tweed as investigative counsel and David Northcott as regulatory compliance and oversight analyst.
Mr Outerbridge said in a statement: “I am delighted to announce the senior appointments of two Bermudian officers, which marks a significant step forward in our strategic vision for the ICO’s second decade.”
The Information Commissioner warned in March that “sustained understaffing and reliance on overstretched personnel” was “not a viable operating model for a national independent oversight body for access to information”.
He warned: “The ICO cannot deliver at full effectiveness while operating below its approved core staffing levels.”
The ICO had five staff at the time but Mr Outerbridge said it should have eight.
Two Bermudians have been appointed to senior roles at the Information Commissioner’s Office, it was announced today.
Kentisha Tweed is now investigative counsel, effective from June 1, and David Northcott is regulatory compliance and oversight analyst, effective from September 1.
The office said the appointments reflected an “exciting period of organisational renewal, reinforcing the ICO’s dual mandate: delivering independent quasi-judicial reviews while driving a systemic shift towards improved compliance, proactive disclosure and ‘transparency by design’ across Bermuda’s 180+ public authorities”.
Ms Tweed’s new role involves giving high-level legal, technical and strategic support to the Information Commissioner, bolstering the office’s statutory review and enforcement functions, according to a statement.
The in-house legal support reduces the ICO’s reliance on external counsel.
Ms Tweed is an attorney, Called to the Bermuda Bar, and was previously the ICO’s acting senior investigation officer.
She said: “It is a privilege to serve the public of Bermuda in this expanded capacity at the ICO.
“The right to access public information is foundational to open democracy and for securing access to other legal rights.
“I look forward to applying my legal expertise and investigative experience to ensure our review processes remain lawful, rigorous, fair and proportionate.”
Mr Northcott will lead the ICO’s monitoring of public authorities’ proactive disclosure duties and other statutory obligations outside of responding to individual Pati requests.
According to the statement, he will work with authorities to refine their information management practices, shape the ICO’s regulatory interventions and drive practice improvements across the public service and other public authorities, through guidance and support.
Mr Northcott has specialised expertise in human rights advisory practice and advocacy and advanced degrees in law and social psychology.
He previously served as policy and education officer at the ICO and was awarded the Information Commissioner’s Award in 2022 for his work as an information officer at another public authority.
Mr Northcott said: “I have a deep commitment to, and long track record of, upholding and promoting fundamental human rights in Bermuda and abroad.
“The right to information is no less vital, particularly given its indispensable role in sustaining democracy, public trust and institutional accountability.”
Information Commissioner Jason Outerbridge said: “Ms Tweed has consistently demonstrated extraordinary legal acumen in information rights law, objectivity and passion for applying legal principles to the complex work of our office …
“I am confident that she will excel as investigative counsel as we continue to streamline our review functions.”
He added: “Mr Northcott’s appointment represents an evolving strategic focus for the ICO.
“Beyond resolving individual access to information disputes, we are determined to foster a public sector culture where information of high public relevance is published proactively.
“Mr Northcott’s unique perspective, having served both within the ICO and as a public authority information officer, adds immense value to our office and Bermuda’s access to information regime.”
The office’s website shows five staff and three vacancies, which are for a deputy information commissioner, an investigation officer and an administrative assistant.
Diallo Rabain told MPs in March, when he was the minister responsible for the ICO, that the money needed for the latter two positions — $201,867 a year, according to Mr Outerbridge — would not be forthcoming in 2026-27.
Opposition MP Jarion Richardson said the “vitally important” ICO was “dying by a thousand cuts” owing to inadequate government funding.
The Gazette has asked Emily Gail Dill, the Minister of the Cabinet Office and Digital Innovation, for comment.
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