The number of requests made under Pati legislation increased by 17 per cent last year, according to the Information Commissioner’s Office.

The Information Commissioner’s 2022 Annual Report, available online at the ICO website, stated that 158 new Pati requests were made over the course of last year, compared to 135 in 2021.

Of those requests, 44 per cent resulted in the release of public records as part of the authorities’ initial response.

Meanwhile, Gitanjali Gutierrez, the Information Commissioner, received 54 new applications for independent reviews, 38 per cent more than 2021, and 34 formal decisions were released by her office.

Ms Gutierrez said in the annual review that the requests made covered a wide variety of topics of interest to the public including work permit exemptions, Covid policies, the gaming industry, the Government’s Molecular Diagnostic Lab and Tudor Farm.

She added: “We know from the enquiries and comments received by the ICO that Bermudians and residents recognise the value of their Pati rights to remain informed and strengthen their ability to hold public authorities and elected officials accountable.”

Download PDF File

ICO-2022-Annual-Report-FINAL.pdf

Ms Gutierrez also highlighted the challenges faces by public authorities as they work to address Pati requests, but stressed that public access to information was critical.

“Limited budgets, reduced staff and increased workloads are challenges faced by many authorities,” she said. “Responding efficiently to Pati requests, however, is a fundamental component of modern democracies that cannot be set aside when challenges arises.

“Rather, it is precisely during such times, when choices are made about funding and service priorities, that the public must be fully enabled to understand and evaluate the decisions being made in their name.

“When having to do more with less, it helps to turn attention on making better use of what is within officers’ reach. Introducing legislative changes and allocating more resources are not always fitting solutions to existing gaps in practice.”

She said that the ICO has focused on offering practice-oriented guidance to public authorities to ease the process of responding to requests.

“Clear, informative and timely communication with Pati requesters goes a long way to closing gaps in perception about what records actually exist,” Ms Gutierrez added.

“The Government and public authorities’ success in upholding the public’s right to access public records through timely, complete and accurate responses depends on these Information Officers. People and practice matter.”

The report also noted Government’s stated intention to create a fee for Pati requests and Ms Gutierrez’s objections to the proposal.

“In 2022, about a quarter of public authorities reported receiving Pati requests,” she said. “Some have faced staffing and resource challenges in balancing their Pati requirements and other work.

“The Pati Act offers a framework to manage burdensome requests, one that balances communicating with a requester, encouraging good management of public records, and considering an authority’s finite resources.

“A blunt fee to simply make a Pati request ignores this carefully balanced framework already available under the Pati Act, as well as the Minister’s Pati Practice Code, trainings by the Cabinet Office’s Pati/Pipa Unit, and guidance from the ICO.

“I continue to urge the government to consult meaningfully with the public, and public authorities, prior to any amendments to the Pati Act that may lessen the people’s rights.”