Questions remain over lingering impact of cyberattack, says ICO
The Information Commissioner has raised concerns that the lingering impact of a cyberattack may affect the public’s access to records.
Gitanjali Gutierrez said in the Information Commissioner’s Office Annual Report that the incident last September disrupted public access to all electronic records held by government and other public authorities.
“It also required these public authorities to adapt immediately to non-official means of communications and, for some, to establish alternative means of official communications, such as through Gmail or WhatsApp,” she said.
“As of today, questions remain about the restoration of access to historical electronic records and the need to preserve access to electronic communications on non-government or alternative communication platforms.”
Ms Gutierrez also said that concerns had been raised about the “burden” of administrating Pati rules. SAhe added that the ICO had consistently pushed for improved records management to reduce that pressure.
“We can see the impact on the Pati work of a number of public authorities of the investment in a good records management approach, proper training and at least some resources dedicated to the various requirements of the Pati Act,” she said.
“These public authorities are able to provide more information to the public about their decision-making processes, spending and activities.
“Even when they cannot grant public access to the particular records sought, they are able to fill the gaps by providing non-exempt information on the relevant topic.
“Their examples of good Pati practice are a result of a strong commitment by their organisational leadership to the purposes and promise of the Pati Act.”
The annual report showed that 189 Pati requests were made in 2023, a 14 per cent increase from 2022, and 43 per cent of cases were granted at least partial access to public records in their initial responses.
Meanwhile, 54 new applications for independent review were made to the Information Commissioner and 66 applications for review were closed over the course of the year with 55 formal decisions issued.
The report also noted the March 2023 ruling in the Court of Appeal in a dispute between the Information Commissioner and the Attorney-General, which confirmed the ICO could examine records while conducting a review.
Ms Gutierrez added that the ICO had seen a 20 per cent increase in the number of Pati requests submitted and the vast majority of respondents were satisfied with the responses they received.
“It is clear that the public’s expectations have been raised when it comes to being informed about the activities and decision making of government and other public authorities and that a number of public authorities have adopted a more open and responsive approach to Pati requests,” she said.
“In line with the vision of the Pati Act, this critical shift towards a more transparent government and a more engaged community continues to be an integral part of Bermuda’s democratic maturity.”