An inquiry is under way over an alleged breach of confidentiality in connection with Public Access to Information (PATI), according to Information Commissioner Gitanjali Gutierrez.

The charge emerged during Friday’s session of the House of Assembly, when Walton Brown, the Shadow Minister of Immigration and External Affairs, accused Public Works Minister Craig Cannonier of illegally divulging that he had made a PATI request in connection with the removal of Bermuda stone from a construction site at Blackwatch Pass.

Under the law, the identity of persons requesting information is confidential.

Ms Gutierrez said she had been notified by a member of the public of the possible breach, which is against section 12(4) of the PATI Act.

The commissioner’s role includes overseeing compliance, and she can initiate investigations under the law.

“On Friday, I began speaking to individuals in the relevant public authorities,” Ms Gutierrez said, in a statement issued yesterday.

The request had been submitted to one authority and then transferred to another. The investigation will look at procedures used by both offices to see if and how a breach took place, and identify “corrective measures”.

Ms Gutierrez said that, while the law includes provisions creating offences for the knowing contravention of the Act, the “vast majority” at this early stage will be addressed through review, corrective training and improvements made to policy and procedure.

Confidentiality was “critically important” to prevent retaliation against people who request information, she said.

“While some requesters may be very open about their requests, other individuals will depend upon their names being held confidential.

“The public cannot linger in doubt about the ability of public authorities to protect the confidentiality of requesters.

“This is an entirely new law and procedure. We should expect that challenges will arise in this first year, including dealing with inadvertent or careless mistakes.

“The vast majority of these issues can be addressed through the appeals process, which includes an independent review by the Information Commissioner and the option of judicial review. But a breach of confidentiality cannot be undone.

“I am confident that this is understood now.”