Public access to information ‘a fundamental component of modern democracies’ – ICO
More than 150 Public Access to Information requests were submitted last year — an increase of almost 20 per cent on the year before.
Public authorities are struggling because of the increased workload, according to Gitanjali Gutierrez, the Information Commissioner.
The findings were included in the office’s 2022 annual report, which was tabled in the House of Assembly yesterday.
Summing up the requests, Ms Gutierrez said: “Pati requests are seeking more transparency on questions of work permit exceptions, various public-private partnership arrangements, Covid policies, spending and programmes, the development and regulations of the gaming industry, the Government’s molecular diagnostic lab and more.
“We know from the inquiries 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.”
• 158 new Pati requests were made in 2022, a 17 per cent increase from the year before
• A Pati milestone was reached when the Information Commissioner issued her 100th decision
• 47 out of 187 public authorities received Pati requests
• 44 per cent of authorities’ initial responses to a Pati request granted access to public records
• 54 new applications for an independent review by the Information Commissioner were made — a 38 per cent increase from the year before
• 44 applications for an Information Commissioner’s review were closed – a 63 per cent increase over the 2021 closures
• 34 formal decisions were issued
• Nine ICO monthly round-ups were published, which discussed the Information Commissioner’s decisions, public awareness initiatives and topics of interest for access to public information
• Five updated ICO guidances were published
In her report, Ms Gutierrez addressed the challenges that public authorities faced while navigating Pati matters.
She said that she acknowledged difficulties such as “limited budgets, reduced staff and increased workloads faced by many authorities”.
But she added that public access to information was “a fundamental component of modern democracies that cannot be set aside when challenges arise”.
She said: “In response to this challenge facing public authorities, the ICO has focused on extending practice-oriented guidance to the individuals in public authorities working with the Pati Act.
“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 a public authority’s finite resources.”
In response to the Government’s plan to impose a fee for making a Pati request, Ms Gutierrez once again urged “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”.
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