Bermuda
Name of law: The Public Access to Information Act 2010
First adopted: 2010
First adopted: 2010
Introduction
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 19 | 30 |
| 3 | Requesting Procedures | 18 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 22 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 97 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | N/A | Not mentioned |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 12(1) Subject to this Act, every person who is a Bermudian or a resident of Bermuda has a right to and shall, on request, be given access to any record that is held by a public authority, other than an exempt record. | Procedural right only |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 2 The purpose of this Act is to— (a) give the public the right to obtain access to information held by public authorities to the greatest extent possible, subject to exceptions that are in the public interest or for the protection of the rights of others, (b) increase transparency, and eliminate unnecessary secrecy, with regard to information held by public authorities, (c) increase the accountability of public authorities, (d) inform the public about the activities of public authorities, including the manner in which they make decisions, (e) and have more information placed in the public domain as a matter of routine. | Weak set of external benefits |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | NO | 0 | 12(1) Subject to this Act, every person who is a Bermudian or a resident of Bermuda has a right to and shall, on request, be given access to any record that is held by a public authority, other than an exempt record. | Limited to residents/citizens and does not appear to apply to legal entities. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3(1) In this Act, unless the context otherwise requires— “Commissioner” means the Information Commissioner appointed under section 50; “exempt record” means a record that is exempt from disclosure under this Act by virtue of a provision of Part 4; “head” in relation to a public authority listed in column 1 of the Schedule means that person listed in column 2 of the Schedule opposite that public authority; “Minister” means the Minister to whom responsibility for this Act has been assigned; “personal information” means personal information as defined in section 24; “prescribed” means prescribed by regulations made under section 59; “public authority” means an entity listed in column 1 of the Schedule; “record” means a record held by a public authority, in any form or medium, in which information is recorded, whether printed or on tape or film or by electronic means or otherwise, and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record produced by means of equipment or a program; “requester” means a person who makes a request for a record under section 13 or a person who makes a request for amendment of a record under section 19, as the case may be; “third party”, in relation to a request to a public authority for access to a record means any person (other than the requester or the public authority) who gave information in the record to a public authority in confidence, or any person to whom information in the record relates. “working days” means a number of days, excluding Saturday, Sunday or a public holiday. 3(2) In this Act, a reference to a record includes, where the context requires, a part of a record. | Comprehensive definition |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 2 The purpose of this Act is to— (a) give the public the right to obtain access to information held by public authorities to the greatest extent possible, subject to exceptions that are in the public interest or for the protection of the rights of others; (b) increase transparency, and eliminate unnecessary secrecy, with regard to information held by public authorities; (c) increase the accountability of public authorities; (d) inform the public about the activities of public authorities, including the manner in which they make decisions; (e) and have more information placed in the public domain as a matter of routine. 3(1) In this Act, unless the context otherwise requires— “Commissioner” means the Information Commissioner appointed under section 50; “exempt record” means a record that is exempt from disclosure under this Act by virtue of a provision of Part 4; “head” in relation to a public authority listed in column 1 of the Schedule means that person listed in column 2 of the Schedule opposite that public authority; “Minister” means the Minister to whom responsibility for this Act has been assigned; “personal information” means personal information as defined in section 24; “prescribed” means prescribed by regulations made under section 59; “public authority” means an entity listed in column 1 of the Schedule; “record” means a record held by a public authority, in any form or medium, in which information is recorded, whether printed or on tape or film or by electronic means or otherwise, and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record produced by means of equipment or a program; “requester” means a person who makes a request for a record under section 13 or a person who makes a request for amendment of a record under section 19, as the case may be; “third party”, in relation to a request to a public authority for access to a record means any person (other than the requester or the public authority) who gave information in the record to a public authority in confidence, or any person to whom information in the record relates. “working days” means a number of days, excluding Saturday, Sunday or a public holiday. 3(2) In this Act, a reference to a record includes, where the context requires, a part of a record. 12(1) Subject to this Act, every person who is a Bermudian or a resident of Bermuda has a right to and shall, on request, be given access to any record that is held by a public authority, other than an exempt record. 13(1) A request for access to a record under this Act must be made in writing to the public authority that holds the record. 13(2) A request must identify the record or contain sufficient information to enable the public authority to identify the record by taking reasonable steps to do so. | Only appears to apply to records, although it also includes parts of records |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 6 | 3(1) In this Act, unless the context otherwise requires— “Commissioner” means the Information Commissioner appointed under section 50; “exempt record” means a record that is exempt from disclosure under this Act by virtue of a provision of Part 4; “head” in relation to a public authority listed in column 1 of the Schedule means that person listed in column 2 of the Schedule opposite that public authority; “Minister” means the Minister to whom responsibility for this Act has been assigned; “personal information” means personal information as defined in section 24; “prescribed” means prescribed by regulations made under section 59; “public authority” means an entity listed in column 1 of the Schedule; “record” means a record held by a public authority, in any form or medium, in which information is recorded, whether printed or on tape or film or by electronic means or otherwise, and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record produced by means of equipment or a program; “requester” means a person who makes a request for a record under section 13 or a person who makes a request for amendment of a record under section 19, as the case may be; “third party”, in relation to a request to a public authority for access to a record means any person (other than the requester or the public authority) who gave information in the record to a public authority in confidence, or any person to whom information in the record relates. “working days” means a number of days, excluding Saturday, Sunday or a public holiday. 4(1) Subject to subsection (2), this Act does not apply to— (a) records relating to the exercise of judicial or quasi-judicial functions by any court, tribunal or other body or person; (aa) Agency, held by the Bermuda Police Service in accordance with the Justice Protection Act 2010; (b) or records obtained or created by any of the following public authorities in the course of carrying out their functions— (i) the Office of the Auditor General, (ii) the Human Rights Commission, (iii) the Office of the Information Commissioner, (iv) the Office of the Ombudsman, (v) the Department of Public Prosecutions which, for the purposes of this section, includes the Justice Protection Administrative Centre; (vi) the Attorney General’s Chambers; (vii) the Department of Internal Audit. 4(2) The reference to records in subsection (1) does not include records relating to the general administration of— (a) any court, tribunal or other body or person referred to in subsection (1)(a); (b) or any public authority referred to in subsection (1)(b). 59(1)(b) The Minister may make regulations amending the Schedule by the addition, modification or deletion of the name of any public authority or head of a public authority Schedule Column 1 Public Authority: 1. The Office of the Governor, 2. The Cabinet Office, 3. The Public Service, Commission, 4. The Bermuda Police Service, 5. The Bermuda Regiment, 6. The Office of the Clerk of the Legislature, 7. The Department of Public Prosecutions, 8. The Office of the Auditor General, 9. The Office of the Ombudsman, 10. The Human Rights Commission, 11. The Office of Information Commissioner, 12. Every department of the Government, 13. Every entity that is established by statutory provision and carries out functions of a governmental or quasi-governmental nature, 14. Every entity that is owned or controlled by the Government or that is substantially funded by monies authorized by the Legislature, 15. The Corporation of Hamilton, 16. The Corporation of St. George's, 17. Every parish council under the Parish Councils Act 1971. Column 2 Head of Public Authority: The Governor, The Secretary to the Cabinet, The Head of the Civil Service, The Commissioner of Police, The Commanding Officer, The Clerk of the Legislature, The Director of Public Prosecutions, The Auditor General, The Ombudsman, The Chairman, The Information Commissioner, The Permanent Secretary who has supervision of the department, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The Mayor of the City of Hamilton, The Mayor of the Town of St.George, The Chairman of the parish council. | Only bodies listed in the Schedule - statutory but only if governmental functions; non-administrative functions of a number of bodies specifically excluded by s. 4; Minister may add or subtract bodies |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 1 | Schedule Column 1 Public Authority: 1. The Office of the Governor, 2. The Cabinet Office, 3. The Public Service, Commission, 4. The Bermuda Police Service, 5. The Bermuda Regiment, 6. The Office of the Clerk of the Legislature, 7. The Department of Public Prosecutions, 8. The Office of the Auditor General, 9. The Office of the Ombudsman, 9A, The Office of the Parliamentary Registrar, 10. The Human Rights Commission, 11. The Office of Information Commissioner, 12. Every department of the Government, 13. Every entity that is established by statutory provision and carries out functions of a governmental or quasi-governmental nature, 14. Every entity that is owned or controlled by the Government or that is substantially funded by monies authorized by the Legislature, 15. The Corporation of Hamilton, 16. The Corporation of St. George, 17. Every parish council under the Parish Councils Act 1971. Column 2 Head of Public Authority: The Governor, The Secretary to the Cabinet, The Head of the Civil Service, The Commissioner of Police, The Commanding Officer, The Clerk of the Legislature, The Director of Public Prosecutions, The Auditor General, The Ombudsman, The Chairman, The Information Commissioner, The Permanent Secretary who has supervision of the department, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The Mayor of the City of Hamilton, The Mayor of the Town of St.George, The Chairman of the parish council. 6 (1)A public authority shall provide information to the general public about information it holds, on an annual basis, by— (a) print media; (b) radio media; (c) television media; or (d) online web-page, and on how to access information held by the public authority, to enable the public to have minimum need to resort to this Act for obtaining information held by a public authority (2) Public authorities shall keep a log of all access requests made under section 13, excluding the names of requesters, any other information that could reveal the identity of the requester and any personal information about any person. (3)The log shall indicate whether a request has been granted or refused and, in the case of a refusal, the log shall include the reasons for refusal.(4)The information in the log, other than information that has been provided pursuant to an access request, shall be made available to members of the public upon request. (5)Public authorities shall make their quarterly expenditures available to members of the public upon request. (6)Public authorities shall cause to be published in the Gazette on a regular basis details of every contract entered into by the authority that has a total value of $50,000 or more, including the name of the contractor, the monetary value of the contract, the goods and services to be provided under the contract and the time for performance of the contract (completion or delivery date). (7)In January of each year, the Minister shall publish a list setting out the title and corresponding salary range of every position of public officer within the meaning of section 102(1) of the Bermuda Constitution Order 1968. (8)Publication of the list referred to in subsection (7) shall be by posting a copy of the list on the Government website and by providing copies for inspection by the public at the Bermuda National Library and the Bermuda Archives. | Limited coverage of the legislature |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 4(1)(a)Subject to subsection (2), this Act does not apply to records relating to the exercise of judicial or quasi-judicial functions by any court, tribunal or other body or person; or (aa) records relating to the Justice Protection Investigative and Protective Protection Act 2010; (2)The reference to records in subsection (1) does not include records relating to the general administration of any court, tribunal or other body or person referred to in subsection (1)(a); or any public authority referred to in subsection (1)(b). Schedule Column 1 Public Authority: 1. The Office of the Governor, 2. The Cabinet Office, 3. The Public Service, Commission, 4. The Bermuda Police Service, 5. The Bermuda Regiment, 6. The Office of the Clerk of the Legislature, 7. The Department of Public Prosecutions, 8. The Office of the Auditor General, 9. The Office of the Ombudsman, 10. The Human Rights Commission, 11. The Office of Information Commissioner, 12. Every department of the Government, 13. Every entity that is established by statutory provision and carries out functions of a governmental or quasi-governmental nature, 14. Every entity that is owned or controlled by the Government or that is substantially funded by monies authorized by the Legislature, 15. The Corporation of Hamilton, 16. The Corporation of St. George, 17. Every parish council under the Parish Councils Act 1971. Column 2 Head of Public Authority: The Governor, The Secretary to the Cabinet, The Head of the Civil Service, The Commissioner of Police, The Commanding Officer, The Clerk of the Legislature, The Director of Public Prosecutions, The Auditor General, The Ombudsman, The Chairman, The Information Commissioner, The Permanent Secretary who has supervision of the department, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The Mayor of the City of Hamilton, The Mayor of the Town of St.George, The Chairman of the parish council. | Basically limited to administrative records |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Schedule Column 1 Public Authority: 1. The Office of the Governor, 2. The Cabinet Office, 3. The Public Service, Commission, 4. The Bermuda Police Service, 5. The Bermuda Regiment, 6. The Office of the Clerk of the Legislature, 7. The Department of Public Prosecutions, 8. The Office of the Auditor General, 9. The Office of the Ombudsman, 10. The Human Rights Commission, 11. The Office of Information Commissioner, 12. Every department of the Government, 13. Every entity that is established by statutory provision and carries out functions of a governmental or quasi-governmental nature, 14. Every entity that is owned or controlled by the Government or that is substantially funded by monies authorized by the Legislature, 15. The Corporation of Hamilton, 16. The Corporation of St. George's, 17. Every parish council under the Parish Councils Act 1971. Column 2 Head of Public Authority: The Governor, The Secretary to the Cabinet, The Head of the Civil Service, The Commissioner of Police, The Commanding Officer, The Clerk of the Legislature, The Director of Public Prosecutions, The Auditor General, The Ombudsman, The Chairman, The Information Commissioner, The Permanent Secretary who has supervision of the department, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The Mayor of the City of Hamilton, The Mayor of the Town of St.George, The Chairman of the parish council. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 4(1)(b)Subject to subsection (2), this Act does not apply to records obtained or created by any of the following public authorities in the course of carrying out their functions (i) the Office of the Auditor General, (ii) the Human Rights Commission, (iii) the Office of the Information Commissioner, (iv) the Office of the Ombudsman, (v) the Department of Public Prosecutions which, for the purposes of this section, includes the Justice Protection Administrative Centre; (vi) the Attorney General’s Chambers; (vii) the Department of Internal Audit. 4(2)(b)The reference to records in subsection (1) does not include records relating to the general administration of any public authority referred to in subsection (1)(b). Schedule Column 1 Public Authority: 1. The Office of the Governor, 2. The Cabinet Office, 3. The Public Service, Commission, 4. The Bermuda Police Service, 5. The Bermuda Regiment, 6. The Office of the Clerk of the Legislature, 7. The Department of Public Prosecutions, 8. The Office of the Auditor General, 9. The Office of the Ombudsman, 10. The Human Rights Commission, 11. The Office of Information Commissioner, 12. Every department of the Government, 13. Every entity that is established by statutory provision and carries out functions of a governmental or quasi-governmental nature, 14. Every entity that is owned or controlled by the Government or that is substantially funded by monies authorized by the Legislature, 15. The Corporation of Hamilton, 16. The Corporation of St. George's, 17. Every parish council under the Parish Councils Act 1971. Column 2 Head of Public Authority: The Governor, The Secretary to the Cabinet, The Head of the Civil Service, The Commissioner of Police, The Commanding Officer, The Clerk of the Legislature, The Director of Public Prosecutions, The Auditor General, The Ombudsman, The Chairman, The Information Commissioner, The Permanent Secretary who has supervision of the department, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The chairperson of the entity, or, where there is no chairperson, the person who fulfils the role of chief executive officer of the entity, The Mayor of the City of Hamilton, The Mayor of the Town of St.George, The Chairman of the parish council. | Basically limited to administrative records of these bodies |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3(4) For the purposes of this Act, any record that is held by an independent contractor relating to a contract for which the contractor is engaged by a public authority is deemed to be a record held by that public authority; and there is deemed to be included in the contract a provision that the contractor shall, if requested by the public authority concerned, give a copy of the record to the public authority. Schedule 13, 14 | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 12(3) A requester is not required to give any reasons for making a request. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | Regs Schedule 1 PARTICULARS TO BE SET OUT IN THE FORM OF AN APPLICATION FOR ACCESS Name of Public Authority to which the application is being made Details of requester Title (Mr., Mrs., Ms., Miss., Other) Surname (Family name) First name Middle names Postal address (include Postal code) Email address Telephone number Details request (Include subject matter of the request and the time frame to which the request refers. Include dates and any known documents) If you are making a request for personal information, please include the following: The full name of the person to whom the information relates The authority which entitles you to apply on behalf of the above named person (if a third party). | Too many details required, including ID and contact details. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | NO | 0 | 13(1) A request for access to a record under this Act must be made in writing to the public authority that holds the record. (2) A request must identify the record or contain sufficient information to enable the public authority to identify the record by taking reasonable steps to do so. (3) A request may specify in which form or manner set out in section 17(1) the requester wishes to be given access and, subject to subsection 17(2), access shall be given in that form or manner. (4) A public authority shall acknowledge receipt of a request within five working days after receipt of the request, and the authority shall at the same time inform the requester of the process for dealing with the request and of the requester’s rights under this Act. (5) Where a request under this section is received by a public authority and any record requested is not held by that authority but, to the knowledge of that authority, is held by one or more other public authorities, the public authority that received the request shall, not later than five working days after receipt of the request cause a copy of the request to be given (a) to that other public authority; (b) or in the case of more than one other public authority, to the authority whose functions are, in the opinion of the head of the public authority that first received the request, most closely related to the subject matter of the request. (6) The head of the public authority that first received the request shall inform the requester in writing of the other public authority or authorities to whom a copy of the request has been given. (7) A public authority to whom a copy of a request has been given under subsection (5) shall, for the purposes of this Act, be deemed to have received the request at the time of the receipt by that authority of the copy, and subsections (4), (5) and (6) shall apply in respect of the request that has been copied to the authority. | Must be made in writing but otherwise no details on how it may be submitted |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 12(2)(a) Public authorities shall make every reasonable effort to assist persons in connection with requests. 16(2) A public authority shall not refuse to grant a request under subsection (1)(b) or (c), unless the authority has assisted, or offered to assist, the requester to amend the request in a manner such that it no longer falls under those provisions. | General obligation but appears to cover a wide range of situations. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Reg. 17(i) An information officer shall assist persons who have limited ability to read or write English or with any mental or physical disability. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 13(4)A public authority shall acknowledge receipt of a request within five working days after receipt of the request, and the authority shall at the same time inform the requester of the process for dealing with the request and of the requester’s rights under this Act. Reg. 6(3) Not more than five working days after receipt of an application that meets the requirements of section 13 of the Act the information officer shall dispatch to the applicant a letter of acknowledgement in the form set out in Schedule 2. Schedule 2 FORM OF LETTER OF ACKNOWLEDGEMENT Reference Number [Insert Number] Dear [Name] Thank you for your application dated [insert date of application], received by us on [insert date of receipt]. Your request is being dealt with under the terms of Public Access to Information Act and Regulations. You will receive a response to your request within twenty-eight days as set out in the Act. If you have any queries about this letter, please contact me. Please quote your reference number in any future correspondence. Sincerely, Information Officer [Name, address, email address, telephone number] | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 13(5) Where a request under this section is received by a public authority and any record requested is not held by that authority but, to the knowledge of that authority, is held by one or more other public authorities, the public authority that received the request shall, not later than five working days after receipt of the request cause a copy of the request to be given (a) to that other public authority; (b) or in the case of more than one other public authority, to the authority whose functions are, in the opinion of the head of the public authority that first received the request, most closely related to the subject matter of the request. (6) The head of the public authority that first received the request shall inform the requester in writing of the other public authority or authorities to whom a copy of the request has been given. (7) A public authority to whom a copy of a request has been given under subsection (5) shall, for the purposes of this Act, be deemed to have received the request at the time of the receipt by that authority of the copy, and subsections (4), (5) and (6) shall apply in respect of the request that has been copied to the authority. Reg. 8 (1)As soon as practicable after receipt by the public authority of an application the information officer shall make a determination under section 13(5) of the Act as to whether the application should be referred to another public authority. (2)Where an application is transferred to another public authority under section 13(6), the information officer shall within five working days dispatch correspondence to the applicant indicating that the public authority has transferred the application to the appropriate public authority, naming the authority | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 13(3)A request may specify in which form or manner set out in section 17 (1) the requester wishes to be given access and, subject to subsection 17(2), access shall be given in that form or manner. 17(1) A public authority shall give access to a record under this Act by providing the requester with the information in the record in any of the following forms or manners that it considers appropriate - (a) a reasonable opportunity to inspect the record; (b) a copy of the record; (c) a transcript of the information; (d) an electronic machine-readable device or other electronic device that contains the information; (e) a reasonable opportunity to hear or view the record, where the record is of sound or visual images; (f) a decoded copy of the information, where the information is in shorthand or another code; (g) such other means as may be determined by the public authority. 17(2) Where a public authority decides to grant a request and the request is for access to a record in a particular form or manner, access shall be given in that form or manner unless the authority is satisfied that (a) access in another form or manner specified in subsection (1) would be significantly more efficient; or (b) the giving of access in the form or manner requested would (i) be physically detrimental to the record, (ii) involve an infringement of copyright (other than copyright owned by the Crown, the Government or the public authority concerned), (iiii) conflict with a legal duty or obligation of the public authority concerned, (iv) or affect the protection of an exempt record from disclosure. 17(3) Where a public authority decides to grant a request but, for reasons set out in subsection (2), does not give access to the record requested in the form or manner specified in the request, the authority shall give access in such form or manner as the authority considers appropriate. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | Reg. 4 A record shall be provided to the applicant as soon as practicable— (a) not later than six weeks from the date the request is received by a public authority; or (b) where an additional six weeks extension has been granted in accordance with section 15(1) of the Act, not later than six weeks from the date the extension is granted by a public authority. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | NO | 0 | 14(1) Subject to the provisions of this Act, a public authority shall, not later than six weeks after receipt, or deemed receipt, of a request under section 13, decide (a) whether to grant or refuse to grant the request in whole or in part; and (b) if the request is to be granted, the form and manner in which the right of access to the record concerned is to be given, and the amount of any fee payable for the provision of access. | 6 weeks and unduly broad provisions for delay for third party appeals which are not properly tethered to those third party objections; Reg. Sch. 2 refers to 28 days (receipt form) |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | NO | 0 | 15(1) A public authority may extend the original period of six weeks referred to in section 14(1) by such further period, not exceeding six weeks, as the authority considers necessary if, in the opinion of the head of the authority, compliance with the original period of six weeks is not reasonably practicable because— (a) there is insufficient time to consider representations made by third parties under section 39 or to complete any consultations with regard to whether access to particular information is in the public interest; or (b) dealing with the request within the original period of six weeks would substantially or unreasonably interfere with the day to day operations of the authority. (2)Where a period is extended by a public authority under this section, the authority shall, before the expiration of the original period, give notice in writing to the requester concerned of the extension and the reasons for it. | Extensions may be for up to 6 additional weeks, although the grounds are clear and notice must be provided. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 20(2) No fee is payable simply for the making of a request under this Act for access to a record. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 59(1)(a) The Minister may make regulations prescribing fees payable for the provision of access to records under this Act, including the manner of calculating fees, circumstances in which no fee is payable and the maximum fee that may be charged. Reg. 13(1) The fees prescribed in the Government Fees Regulations 1976 shall apply. Bermuda Fees Regulation 1976, Head 59 | Fees appear to be very high (e.g. $1 per page of photocopying); no free pages |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 59(1)(a) The Minister may make regulations prescribing fees payable for the provision of access to records under this Act, including the manner of calculating fees, circumstances in which no fee is payable and the maximum fee that may be charged. | Minister may set regulations but none appear to have been adopted |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | Not mentioned, some benefit of doubt given. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 37(1) Subject to subsection (6), a record is exempt if its disclosure is prohibited by any statutory provision, other than this Act. (2) The Minister may by order repeal, revoke or amend any statutory provision referred to in subsection (1). (3) An order under subsection (2) may make any modifications that are consequential upon or incidental to the repeal, revocation or amendment of the relevant statutory provision, and an order may contain any transitional provisions and savings that are appropriate. (4) An order under subsection (2) is subject to the affirmative resolution procedure. (5) Where a statutory provision made after the coming into operation of this section prohibits the disclosure of a record, the provision shall not have effect unless it provides specifically that it is to have effect notwithstanding this Act. (6) For the avoidance of doubt a record held by the Attorney General or the Director of Public Prosecutions, that is the subject of legal professional privilege, shall be an exempt record and shall not be subject to public disclosure of any kind. 40(2) Subsection (1) does not apply to a record that is exempt from disclosure under section 23 or 37. | Minister may override those laws but no evidence this has been done; subsequent laws need to state expressly that overriding this law; no time limit for these exceptions. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 4(3) For the avoidance of doubt, no record which contains information about a protected person shall be accessible to the public under this Act. 16(1)(c) A public authority may refuse to grant a request if in the opinion of the head of the authority, granting the request would, by reason of the number or nature of the records requested, require the retrieval and examination of such number of records or an examination of records of such kind as to cause a substantial and unreasonable interference with or disruption of the other work of the public authority 22(1) Subject to subsection (2), a record is exempt from disclosure if its disclosure would, or would be likely to, endanger the physical or mental health or the safety of an individual. (2) A record shall be disclosed if disclosure of it is in the public interest 23(1) Subject to the provisions of this section, a record that consists of personal information is exempt from disclosure. (2) Subsection (1) does not apply if— subject to subsection (3), the information concerned relates to the requester; the individual to whom the information relates consents in writing to its disclosure; the information in the record is of the same kind as information that— (i) is contained in the record in respect of individuals generally, or in respect of a class of individuals that is of significant size, and (ii) is available to the general public; (d) the information was given to the public authority concerned by the individual to whom it relates and the individual was informed on behalf of the authority, before the information was given, that the information belonged to a class of information that would or might be made available to the general public; or (e) disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual. (3) Where disclosure of the information to the requester might be prejudicial to the physical or mental health of the requester, a public authority may refuse a request for— (a) a record of a medical or psychiatric nature relating to the requester; or (b) a record kept for the purposes of, or obtained in the course of, the carrying out of social work in relation to the requester. (4) Where, under subsection (3), a public authority refuses to grant a request, the authority shall, if requested to do so by the requester, provide access to a record referred to in that subsection to a health professional, within the meaning of section 2 of the Bermuda Health Council Act 2004, who has expertise in relation to the subject matter of the record. (5) A public authority may grant a request for a record containing personal information in relation to an individual where the requester concerned is— (a) the parent or guardian of the individual, if the individual is under the age of eighteen; or (b) the executor or administrator of the estate of the individual. (6) A record that contains personal information relating to an individual shall be disclosed if disclosure of it is in the public interest or would benefit the individual. 24 (1) Subject to subsection (2), “personal information” means information recorded in any form about an identifiable individual, including— (a) information relating to the race, national or ethnic origin, religion, age, sex or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number or other particular assigned to the individual; (d)the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f) correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; or (g) the views or opinions of any other person about the individual. (2) But “personal information” does not include— (a) information about an individual, except where the individual is a police officer of the Bermuda Police Service who is or was engaged in a surveillance function during the course of his employment; who is or was an officer or employee of a public authority that relates to the position or functions of the individual</span>; (b) information about an individual who is or was performing services under contract for a public authority that relates to the services performed, including the terms of the contract and the name of the individual; or (c) information relating to any discretionary benefit of a financial nature, including the granting of a licence or permit, conferred on an individual by a public authority, including the name of the individual and the exact nature of the benefit. 25(1) Subject to subsections (2) and (3), a record that consists of the following information is exempt from disclosure— (a) trade secrets of any person; (b) information, the commercial value of which would be, or could reasonably be expected to be, destroyed or diminished by disclosure; (c) information, the disclosure of which would have, or could reasonably be expected to have, an adverse effect on the commercial interests of any person to whom the information relates; or (d) information, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the conduct or outcome of contractual or other negotiations of any person to whom the information relates. (2) Subsection (1) does not apply if— (a) the information concerned relates to the requester; or (b) the person to whom the information relates consents in writing to its disclosure; or (c) the information was given to the public authority concerned by the person to whom it relates and the person was informed on behalf of the authority, before the information was given, that the information belonged to a class of information that would or might be made available to the general public; or (3) A record shall be disclosed if disclosure of it is in the public interest. 26 (1) Subject to subsection (2), a record that consists of the following information is exempt from disclosure— (a) information— (i) that is given to a public authority by a third party (other than another public authority) in confidence on the understanding that it would be treated as confidential, and (ii) the disclosure of which would be likely to prevent the authority from receiving further similar information required by the authority to properly fulfil its functions; or (b) information, the disclosure of which would constitute a breach of a duty of confidence provided for by a provision of law. (2) A record shall be disclosed if disclosure of it is in the public interest. 27 (1) Subject to subsections (2) and (3), a record is an exempt record if it is— (a) a record that has been submitted to the Cabinet for its consideration or is proposed by a Minister of Government to be so submitted, being a record that was brought into existence for the purpose of submission for consideration by the Cabinet; (b) an official record of any deliberation or decision of the Cabinet; (ba)drafting instructions, draft bills, draft statutory instruments or a record of drafting instructions, draft bills, or draft statutory instruments; (c) a record that is a draft or copy of, or an extract from, a record referred to in paragraph (a) or (b); or (d) a record, the disclosure of which would involve, or could reasonably be expected to involve, the disclosure of any deliberation or decision of the Cabinet, other than a record by which a decision of the Cabinet is officially published. (2) Subsection (1) does not apply to a record that contains purely statistical, technical or scientific material unless the disclosure of the record would involve, or could reasonably be expected to involve, the disclosure of any deliberation or decision of the Cabinet. (3) In this section, “Cabinet” includes any committee of the Cabinet, 28 (1) Subject to subsection (2), a record is exempt from disclosure if it consists of information, the disclosure of which would undermine, or could reasonably be expected to undermine, individual ministerial responsibility, including free and frank discussion and advice between Ministers, or between Ministers and public officers, in the course of their public duties. (2) A record shall be disclosed if disclosure of it is in the public interest. 29 (1) Subject to subsections (2) and (3), a record is exempt from disclosure if it consists of information, the disclosure of which would undermine, or could reasonably be expected to undermine, the deliberative process of a public authority, including free and frank discussion and provision of advice in the course of that process. (2) Subsection (1) does not apply to information contained in a record that is— (a) factual or statistical information; (b) information resulting from an investigation or analysis of the performance, efficiency or effectiveness of a public authority in relation to its functions; (c) information in the nature of a report, study or analysis of a scientific or technical expert; or (d) information in the nature of the reasons of a public authority for making a particular decision. (3) A record shall be disclosed if disclosure of it is in the public interest. 30 (1) Subject to subsection (2), a record is exempt if its disclosure could reasonably be expected to— (a) prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of the public authority concerned or the procedures or methods employed for the conduct of those tests, examinations, investigations, inquiries or audits; (b) have a significant, adverse effect on the performance by the public authority of any of its functions relating to management (including industrial relations and management of its staff); or (c) disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any ongoing negotiations by or on behalf of the Government or a public authority. (2) A record shall be disclosed if disclosure of it is in the public interest. 31 (1) Subject to subsection (2), a record is exempt from disclosure if its disclosure, or premature disclosure, could reasonably be expected to have a serious adverse effect on the financial interests of Bermuda or on the ability of the Government to manage the national economy. (2) A record shall be disclosed if disclosure of it is in the public interest. 32 (1) Subject to subsection (3), a record is exempt from disclosure if— (a) disclosure of it would prejudice, or could reasonably be expected to prejudice, the security or defence of Bermuda or relations between Bermuda and any State or international organization of States; or (b) the record contains information communicated in confidence by a State or an international organization of States. (2) For the purposes of this section “State” includes the United Kingdom and any overseas territory of the United Kingdom. (3) A record shall be disclosed if disclosure of it is in the public interest. 33 (1) Subject to subsection (2), a record is exempt from disclosure if— (a) it contains information that relates to the responsibilities of the Governor under section 62 of the Bermuda Constitution Order 1968, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effective conduct of public affairs; or (b) it consists of communications between the Office of the Governor and departments of the Government of the United Kingdom relating to business of the Office of the Governor, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effective conduct of public affairs. (2) A record shall be disclosed if disclosure of it is in the public interest. 34 (1) Subject to subsection (2), a record is exempt if its disclosure would, or could reasonably be expected to— (a) prejudice the prevention, detection or investigation of a breach or possible breach of the law; (b) prejudice the enforcement of, compliance with, or administration of, any law; (c) prejudice the fair trial of a person or the impartial adjudication of a particular case; (d) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; (e) disclose methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of breaches or evasions of the law, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effectiveness of those methods or procedures; (f) endanger any person’s life or safety; (g) prejudice the security of any building, structure, vehicle, ship, boat or aircraft; or (h) facilitate the commission of an offence. (2) Subsection (1) does not apply to a record if— (a) it consists of— (i) information revealing that the scope of a law enforcement investigation is not authorized by law, or has exceeded the limits imposed by law, (ii) a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law, (iii) a report on the degree of success achieved in a program adopted by a public authority for dealing with any contravention or possible contravention of the law, (iv) a report prepared in the course of a routine law enforcement inspection or investigation by a public authority whose functions include that of enforcing the law, or (v) a report on a law enforcement investigation that has already been disclosed to the person or body that is the subject of the investigation; and (b) its disclosure would be in the public interest. 35 (1) Subject to subsection (2), a record is exempt if it is of such a nature that it would be exempt from production in legal proceedings on the ground of legal professional privilege. (2) Subject to subsection (3), a record shall be disclosed if disclosure of it is in the public interest. (3）For the avoidance of doubt a record held by the Attorney General or the Director of Public Prosecutions, that is the subject of legal professional privilege, shall be an exempt record and shall not be subject to public disclosure of any kind. 36 A record is exempt if its disclosure would, or could reasonably be expected to be— (a) in contempt of court or contrary to an order made by a court, tribunal or other judicial body; or (b) an infringement of parliamentary privilege. Reg. 9 (1) Before a public authority makes a decision to refuse access under section 16(1) (c) of the Act (on the basis that the request would unreasonably interfere or disrupt other work) the information officer shall send written communication to the applicant— (a) explaining how the request is likely to cause a substantial and unreasonable interference with or disruption of other work; and (b) inviting consultation with a view to narrowing the request. (2) The information officer shall make a determination on the criteria for refusal in section 16(1)(c) of the Act on a case by case basis and for this purpose— (a) the resources to be considered are the existing resources of the public authority reasonably required to process the request consistent with attendance to other priorities including— (i) identifying, locating or collating the records within the public authority’s filing systems; and (ii) deciding whether to grant, refuse or defer access to the records or edited copies including resources to be used in examining the records, consulting with any person or body, making copies (or edited copies) of the records, notifying the applicant of any interim or final decision on the request and any other matters; and (b) the types of factors which shall be considered to determine whether the interference with or disruption of the other work would be unreasonable include— (i) the nature and size of the public authority; (ii) the number, type and volume of records falling within the request; and (iii) the time involved in fully processing the request. (3) In this regulation, a reference to the time spent by a public authority in searching for, locating or collating a record within a public authority’s filing system or otherwise spent in processing the application does not include— (a) where the record is not found in the place in which, according to the filing system of the public authority (referred to in this regulation as the “relevant filing system”) it ought to be located, any time other than such time as would have been spent by the public authority in searching for or retrieving the record if the record had been found in that place; or (b) where the relevant filing system ought reasonably to have indicated, but does not indicate, the place in which the record is located, any time other than such time as would have been spent by the public authority in searching for or retrieving the record if the relevant filing system had indicated the place in which the record is located and the record had been found in that place. | Too much information requested, cases where, "in opinion of head" it would unduly disrupt, international tax agreements, cabinet documents, adverse impact on performance of public authority, responsibilities or communications of Governor |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | 4(3)For the avoidance of doubt, no record which contains information about a protected person shall be accessible to the public under this Act. (4) In this section— “protected person” means any of the persons listed in Schedule 1 of the Justice Protection Act 2010. 30(1)(c)Subject to subsection (2), a record is exempt if its disclosure could reasonably be expected to disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any ongoing negotiations by or on behalf of the Government or a public authority. 32(1)(b) Subject to subsection (3), a record is exempt from disclosure if the record contains information communicated in confidence by a State or an international organization of States. | protected persons, positions taken, communicated in confidence by other State |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | 21 For the purposes of this Part, the test of whether disclosure by a public authority of a record or the existence of a record is in the public interest is whether the public interest would, on balance, be better served by disclosure than by non-disclosure. 22(1) Subject to subsection (2), a record is exempt from disclosure if its disclosure would, or would be likely to, endanger the physical or mental health or the safety of an individual. (2) A record shall be disclosed if disclosure of it is in the public interest 23(1) Subject to the provisions of this section, a record that consists of personal information is exempt from disclosure. (2) Subsection (1) does not apply if— subject to subsection (3), the information concerned relates to the requester; the individual to whom the information relates consents in writing to its disclosure; the information in the record is of the same kind as information that— (i) is contained in the record in respect of individuals generally, or in respect of a class of individuals that is of significant size, and (ii) is available to the general public; (d) the information was given to the public authority concerned by the individual to whom it relates and the individual was informed on behalf of the authority, before the information was given, that the information belonged to a class of information that would or might be made available to the general public; or (e) disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual. (3) Where disclosure of the information to the requester might be prejudicial to the physical or mental health of the requester, a public authority may refuse a request for— (a) a record of a medical or psychiatric nature relating to the requester; or (b) a record kept for the purposes of, or obtained in the course of, the carrying out of social work in relation to the requester. (4) Where, under subsection (3), a public authority refuses to grant a request, the authority shall, if requested to do so by the requester, provide access to a record referred to in that subsection to a health professional, within the meaning of section 2 of the Bermuda Health Council Act 2004, who has expertise in relation to the subject matter of the record. (5) A public authority may grant a request for a record containing personal information in relation to an individual where the requester concerned is— (a) the parent or guardian of the individual, if the individual is under the age of eighteen; or (b) the executor or administrator of the estate of the individual. (6) A record that contains personal information relating to an individual shall be disclosed if disclosure of it is in the public interest or would benefit the individual. 24 (1) Subject to subsection (2), “personal information” means information recorded in any form about an identifiable individual, including— (a) information relating to the race, national or ethnic origin, religion, age, sex or marital status of the individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number or other particular assigned to the individual; (d)the address, fingerprints or blood type of the individual; (e) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual; (f) correspondence sent to a public authority by the individual that is explicitly or implicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence; or (g) the views or opinions of any other person about the individual. (2) But “personal information” does not include— (a) information about an individual, except where the individual is a police officer of the Bermuda Police Service who is or was engaged in a surveillance function during the course of his employment; who is or was an officer or employee of a public authority that relates to the position or functions of the individual&lt;/span&gt;; (b) information about an individual who is or was performing services under contract for a public authority that relates to the services performed, including the terms of the contract and the name of the individual; or (c) information relating to any discretionary benefit of a financial nature, including the granting of a licence or permit, conferred on an individual by a public authority, including the name of the individual and the exact nature of the benefit. 25(1) Subject to subsections (2) and (3), a record that consists of the following information is exempt from disclosure— (a) trade secrets of any person; (b) information, the commercial value of which would be, or could reasonably be expected to be, destroyed or diminished by disclosure; (c) information, the disclosure of which would have, or could reasonably be expected to have, an adverse effect on the commercial interests of any person to whom the information relates; or (d) information, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the conduct or outcome of contractual or other negotiations of any person to whom the information relates. (2) Subsection (1) does not apply if— (a) the information concerned relates to the requester; or (b) the person to whom the information relates consents in writing to its disclosure; or (c) the information was given to the public authority concerned by the person to whom it relates and the person was informed on behalf of the authority, before the information was given, that the information belonged to a class of information that would or might be made available to the general public; or (3) A record shall be disclosed if disclosure of it is in the public interest. 26 (1) Subject to subsection (2), a record that consists of the following information is exempt from disclosure— (a) information— (i) that is given to a public authority by a third party (other than another public authority) in confidence on the understanding that it would be treated as confidential, and (ii) the disclosure of which would be likely to prevent the authority from receiving further similar information required by the authority to properly fulfil its functions; or (b) information, the disclosure of which would constitute a breach of a duty of confidence provided for by a provision of law. (2) A record shall be disclosed if disclosure of it is in the public interest. 27 (1) Subject to subsections (2) and (3), a record is an exempt record if it is— (a) a record that has been submitted to the Cabinet for its consideration or is proposed by a Minister of Government to be so submitted, being a record that was brought into existence for the purpose of submission for consideration by the Cabinet; (b) an official record of any deliberation or decision of the Cabinet; (ba)drafting instructions, draft bills, draft statutory instruments or a record of drafting instructions, draft bills, or draft statutory instruments; (c) a record that is a draft or copy of, or an extract from, a record referred to in paragraph (a) or (b); or (d) a record, the disclosure of which would involve, or could reasonably be expected to involve, the disclosure of any deliberation or decision of the Cabinet, other than a record by which a decision of the Cabinet is officially published. (2) Subsection (1) does not apply to a record that contains purely statistical, technical or scientific material unless the disclosure of the record would involve, or could reasonably be expected to involve, the disclosure of any deliberation or decision of the Cabinet. (3) In this section, “Cabinet” includes any committee of the Cabinet, 28 (1) Subject to subsection (2), a record is exempt from disclosure if it consists of information, the disclosure of which would undermine, or could reasonably be expected to undermine, individual ministerial responsibility, including free and frank discussion and advice between Ministers, or between Ministers and public officers, in the course of their public duties. (2) A record shall be disclosed if disclosure of it is in the public interest. 29 (1) Subject to subsections (2) and (3), a record is exempt from disclosure if it consists of information, the disclosure of which would undermine, or could reasonably be expected to undermine, the deliberative process of a public authority, including free and frank discussion and provision of advice in the course of that process. (2) Subsection (1) does not apply to information contained in a record that is— (a) factual or statistical information; (b) information resulting from an investigation or analysis of the performance, efficiency or effectiveness of a public authority in relation to its functions; (c) information in the nature of a report, study or analysis of a scientific or technical expert; or (d) information in the nature of the reasons of a public authority for making a particular decision. (3) A record shall be disclosed if disclosure of it is in the public interest. 30 (1) Subject to subsection (2), a record is exempt if its disclosure could reasonably be expected to— (a) prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of the public authority concerned or the procedures or methods employed for the conduct of those tests, examinations, investigations, inquiries or audits; (b) have a significant, adverse effect on the performance by the public authority of any of its functions relating to management (including industrial relations and management of its staff); or (c) disclose positions taken, or to be taken, or plans, procedures, criteria or instructions used or followed, or to be used or followed, for the purpose of any ongoing negotiations by or on behalf of the Government or a public authority. (2) A record shall be disclosed if disclosure of it is in the public interest. 31 (1) Subject to subsection (2), a record is exempt from disclosure if its disclosure, or premature disclosure, could reasonably be expected to have a serious adverse effect on the financial interests of Bermuda or on the ability of the Government to manage the national economy. (2) A record shall be disclosed if disclosure of it is in the public interest. 32 (1) Subject to subsection (3), a record is exempt from disclosure if— (a) disclosure of it would prejudice, or could reasonably be expected to prejudice, the security or defence of Bermuda or relations between Bermuda and any State or international organization of States; or (b) the record contains information communicated in confidence by a State or an international organization of States. (2) For the purposes of this section “State” includes the United Kingdom and any overseas territory of the United Kingdom. (3) A record shall be disclosed if disclosure of it is in the public interest. 33 (1) Subject to subsection (2), a record is exempt from disclosure if— (a) it contains information that relates to the responsibilities of the Governor under section 62 of the Bermuda Constitution Order 1968, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effective conduct of public affairs; or (b) it consists of communications between the Office of the Governor and departments of the Government of the United Kingdom relating to business of the Office of the Governor, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effective conduct of public affairs. (2) A record shall be disclosed if disclosure of it is in the public interest. 34 (1) Subject to subsection (2), a record is exempt if its disclosure would, or could reasonably be expected to— (a) prejudice the prevention, detection or investigation of a breach or possible breach of the law; (b) prejudice the enforcement of, compliance with, or administration of, any law; (c) prejudice the fair trial of a person or the impartial adjudication of a particular case; (d) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; (e) disclose methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of breaches or evasions of the law, the disclosure of which would prejudice, or could reasonably be expected to prejudice, the effectiveness of those methods or procedures; (f) endanger any person’s life or safety; (g) prejudice the security of any building, structure, vehicle, ship, boat or aircraft; or (h) facilitate the commission of an offence. (2) Subsection (1) does not apply to a record if— (a) it consists of— (i) information revealing that the scope of a law enforcement investigation is not authorized by law, or has exceeded the limits imposed by law, (ii) a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law, (iii) a report on the degree of success achieved in a program adopted by a public authority for dealing with any contravention or possible contravention of the law, (iv) a report prepared in the course of a routine law enforcement inspection or investigation by a public authority whose functions include that of enforcing the law, or (v) a report on a law enforcement investigation that has already been disclosed to the person or body that is the subject of the investigation; and (b) its disclosure would be in the public interest. 35 (1) Subject to subsection (2), a record is exempt if it is of such a nature that it would be exempt from production in legal proceedings on the ground of legal professional privilege. (2) Subject to subsection (3), a record shall be disclosed if disclosure of it is in the public interest. (3）For the avoidance of doubt a record held by the Attorney General or the Director of Public Prosecutions, that is the subject of legal professional privilege, shall be an exempt record and shall not be subject to public disclosure of any kind. 36 A record is exempt if its disclosure would, or could reasonably be expected to be— (a) in contempt of court or contrary to an order made by a court, tribunal or other judicial body; or (b) an infringement of parliamentary privilege. Reg. 2 In these Regulations— “chief officer” means— (a) in the case of a Ministry, the Permanent Secretary of the Ministry or of the Cabinet Office; or (b) in the case of the portfolio of the— (i) National Security; (ii)Legal Affairs; (iii)Finance; or (iv)Civil Service, and such public officer in the portfolio as may be designated by the Governor; and (c) in the case of a statutory authority or a Government corporation, the person appointed as chief officer (by whatever name called) by the board of that authority or corporation, or by other relevant authority; “information officer” includes any person authorised to act as an information officer for the purpose of the Act and these Regulations; “public interest” means but is not limited to things that may or tend to— (a) promote greater public understanding of the process or decisions of public authorities; (b) provide reasons for decisions taken by the Government; (c) promote accountability of and within the Government; (d) promote accountability for the public expenditure or the more effective use of public funds; (e) facilitate public participation in decision-making by the Government; (f) improve the quality of services provided by the Government and the responsiveness of the Government to the needs of the public or of any section of the public; (g) deter or reveal wrong-doing or maladministration; (h) reveal information relating to the health and safety of the public, or the quality of the environment or heritage sites, or measures to protect any of those matters; or (i) reveal untrue, incomplete or misleading information or acts of a public authority. | 5 exceptions exclude or partially exclude (one) the public interest override |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 40(1) Subject to subsection (2), a record shall not be exempt under this Part after the expiry of 30 years from the date when the record was created. 40(2) Subsection (1) does not apply to a record that is exempt from disclosure under section 23 or 37. | Does not apply to exceptions in other laws |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 3(1) In this Act, unless the context otherwise requires “Commissioner” means the Information Commissioner appointed under section 50; “exempt record” means a record that is exempt from disclosure under this Act by virtue of a provision of Part 4; “head” in relation to a public authority listed in column 1 of the Schedule means that person listed in column 2 of the Schedule opposite that public authority; “Minister” means the Minister to whom responsibility for this Act has been assigned; “personal information” means personal information as defined in section 24; “prescribed” means prescribed by regulations made under section 59; “public authority” means an entity listed in column 1 of the Schedule; “record” means a record held by a public authority, in any form or medium, in which information is recorded, whether printed or on tape or film or by electronic means or otherwise, and includes any map, diagram, photograph, film, microfilm, videotape, sound recording, or machine-readable record produced by means of equipment or a program; “requester” means a person who makes a request for a record under section 13 or a person who makes a request for amendment of a record under section 19, as the case may be; “third party”, in relation to a request to a public authority for access to a record means any person (other than the requester or the public authority) who gave information in the record to a public authority in confidence, or any person to whom information in the record relates. “working days” means a number of days, excluding Saturday, Sunday or a public holiday. 14(2) A public authority shall immediately after a decision has been made give notice in writing of the decision to the requester, and to any third party who made representations under section 39, specifying (a) the reasons for the decision, including findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision; and (b) the provisions of this Act regarding review and appeal of the decision. (3) Subject to subsection (4), where the decision is to grant a request, the public authority concerned shall provide access to the record concerned in accordance with section 17— (a) where it is reasonably practicable to do so, before the date when the period under section 42 for applying for a review of the decision has expired without an application having been made; or (b) as soon as possible after the date when the period under section 42 for applying for a review of the decision has expired without an application having been made. (4) Where an application has been made under section 41 for a review of a decision to grant a request, the public authority concerned shall provide access to the record concerned in accordance with section 17 as soon as possible after (a) the date when the period under section 45 for applying for a review of a decision made under section 43 has expired without an application having been made; or (b) if an application under section 45 has been made, the date when a review under Part 6 in respect of a decision made under section 43 has been completed. Reg. 10 (1) Where the information officer intends to give a requester access to a record which he believes contains personal information relating to a third party, he shall, within five working days of receipt of the application, send the third party written notice of the application for access. (2) If the third party does not respond within the time specified in paragraph (5) or the information officer is not satisfied that the communication has reached the third party, he shall make such further attempts as are practicable to contact the third party by other feasible means of communication such as telephone, fax or email until he is so satisfied. (3) The information officer may, in exercise of the powers contained in section 15 of the Act, extend the period for decision making. (4) The notice shall— (a) state that a request has been made by an applicant (without naming him) for access to a record containing personal information about a third party; (b) describe the contents of the request and record concerned; (c) state that, within fourteen working days from the date of notice (and the notice shall be dispatched on the date of the notice), the third party may, in writing, consent to the disclosure or may make written representations to the public authority explaining why the information should not be disclosed; and (d) state that a decision will be made within fourteen working days from the expiry of the fourteen working days whether or not to give the requester access to the record or from the date a response is received from the third party if earlier. Reg. 11 (1) On reaching a decision to grant access or partial access to personal information the information officer shall as soon as reasonably practicable give written notification of that decision to the applicant with a copy to— (a) the third party; and (b) the Information Commissioner; (c) the notice shall also state that— (i) the requester has a right to internal review by the public authority under section 41 of the Act; (ii) the requester has a right of review by the Commissioner under section 45 of the Act; (iii) the third party has a right to apply for review under paragraph (2); (iv) access to the record will be given unless the third party applies for review of the decision to the information officer or, as the case may be, the Commissioner under paragraph (2); and (v) that the record will be withheld until the third party’s time for appeal to the Commissioner has expired. (2) Where the third party is dissatisfied with the decision or any part of it, he may apply for review to the information officer or the Commissioner within six weeks after the date of decision. (3) If there is no application for review within the period referred to in paragraph (2) the record may be released but only after the expiry of an additional six weeks during which time the Commissioner may exercise his power under section 45(2) of the Act to extend the period of application. (4) Where following receipt of representations from the third party an information officer decides to claim an exemption for the record, notice of the decision shall be dispatched to the requester within five working days of the date of the decision but the requester has the right of review specified in sections 41 and 45 of the Act. | Clear procedures for consulting but timeframes significantly extended in these cases |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 3(2) In this Act, a reference to a record includes, where the context requires, a part of a record. 18(1) Subject to subsection (2), where a record requested contains information that constitutes an exempt record, the public authority concerned shall, if it is practicable, prepare a copy, in such form as the authority considers appropriate, of so much of the record requested as does not consist of that material, and the request shall be granted by offering the requester access to the copy in accordance with section 17. (2) A public authority is not required to prepare a copy of a record under subsection (1) if the copy would be misleading. | But clawback if this would be "misleading" |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 14(2) A public authority shall immediately after a decision has been made give notice in writing of the decision to the requester, and to any third party who made representations under section 39, specifying (a) the reasons for the decision, including findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision; and (b) the provisions of this Act regarding review and appeal of the decision. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 41 A requester or a third party may apply in writing to a public authority for a review by the authority (in this Part referred to as an “internal review”) of any decision made by the authority with respect to a request made under Part 3 or of any failure by the authority to take any action that it is required to take under this Act in respect of such request, including (a) a decision to grant or refuse to grant access to a record; (b) a decision as to the manner in which access to a record requested is to be provided; (c) a decision to transfer a request to another authority, in whole or in part; (d) a decision to extend the time limit for compliance with a request; (e) a decision as to the fee charged for access to a record; (f) a decision to refuse a request to amend a record in respect of personal information; (g) a decision to refuse to disclose the existence of a record; and (h) a failure to do anything relating to a request within the time required by this Act. 42(1) In the case of a decision by a public authority referred to in section 41, an application for an internal review must be made within six weeks after the date when the requester or third party, as the case may be, is notified of the decision. (2) In the case of failure by a public authority to take any action with regard to a request made under Part 3 within the time limits required by this Act, an application for internal review must be made within six weeks after the date when the authority was required to take such action. (3) A public authority may in its discretion extend the period for making an application for internal review. 43(1) An internal review of a decision by a public authority, other than a decision made by the head of a public authority, shall be conducted by the head of the public authority concerned. (2) The head of the public authority shall within six weeks after receiving an application for an internal review with respect to a request— (a) complete the review and make a decision with regard to the review; and (b) notify the requester and any third party concerned of— (i) the decision and the reasons for the decision; and (ii) the right of the requester or third party, as the case may be, to apply to the Commissioner for a review of the decision under Part 6. Reg. 11(2) Where the third party is dissatisfied with the decision or any part of it, he may apply for review to the information officer or the Commissioner within six weeks after the date of decision. | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 44(1) Where an application to a public authority for internal review is for review of a decision made by the head of the public authority, the public authority shall refer the application to the Commissioner. (2) Where an application for an internal review is referred to the Commissioner, it shall be treated as an application for a review under Part 6 and dealt with accordingly. (3) The public authority concerned shall, within five working days after receiving an application under this section, notify the person who made the application that the application (a) has been referred to the Commissioner under this section; and (b) is to be treated as an application under Part 6. 45(1) Subject to subsection (2), a requester or a third party may apply in writing to the Commissioner for a review, as the case may be, of (a) any decision made by the head of a public authority under section 43, within six weeks after being notified of that decision; or (b) any failure by the head of a public authority to make a decision under section 43, within six weeks after the date when the decision was required to be made. (2) The Commissioner may in his discretion extend the period for a person to apply for a review under this Part. Reg. 11(2) Where the third party is dissatisfied with the decision or any part of it, he may apply for review to the information officer or the Commissioner within six weeks after the date of decision. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | 50(1) The Office of Information Commissioner is established as a public office. (2) The Information Commissioner shall be appointed by the Governor after consultation with the Premier, who shall first have consulted the Opposition Leader. (3) The Commissioner shall be appointed for a period of five years and may be reappointed for a further period of five years. (4) In the exercise of his functions, the Commissioner shall not be subject to the direction or control of any other person or authority. (5) Subject to such exceptions as the Governor acting in his discretion may authorize in writing, the Commissioner shall not hold any office of profit other than that of Commissioner or otherwise engage in any occupation for reward outside the duties of the Office of Information Commissioner. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 55(1)All salaries, allowances and other expenditure payable or incurred under this Act in respect of the Office of Commissioner, shall be payable out of money appropriated by the Legislature for that purpose. | Needs to be appropriated by legislature but no specific procedure established |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 56(1) In conducting a review, the Commissioner has power (a) to summon and enforce the appearance of persons before the Commissioner and compel them to give oral or written evidence on oath or affirmation, and to produce such documents and things as the Commissioner deems requisite to conduct the review, in the same manner and to the same extent as a judge of the Supreme Court; (b) to administer oaths and affirmations; (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; (d) to enter any premises occupied by any public authority on satisfying any security requirements of the authority relating to the premises; (e) to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries authorized under this Act as the Commissioner sees fit; and (f) to examine or obtain copies of or extracts from books or other records found in any premises entered pursuant to paragraph (d) containing any matter relevant to the investigation. (2) Notwithstanding any other Act or any privilege under the law of evidence, the Commissioner may, during the conduct of a review under this Act, examine any record to which this Act applies that is under the control of a public authority, and no such record may be withheld from the Commissioner on any grounds. (3) Any document or thing produced to the Commissioner under this section by any person or public authority shall be returned by the Commissioner within ten days after a request is made by that person or authority for its return; but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. (4) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his functions under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or both. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 48(3) Subject to section 49, a decision of the Commissioner is binding on all persons affected by it and, upon the decision being filed with the Registrar of the Supreme Court, it shall have the effect of an order of the Supreme Court and shall be enforceable in the same manner as an order of the court. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 48(1)The Commissioner may make a decision to (a) affirm, vary or reverse the decision of a public authority that is the subject of review by the Commissioner; or (b) make such other order, in accordance with this Act, as the Commissioner considers appropriate. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 49(1) Any person (including any public authority) aggrieved by a decision of the Commissioner under this Act may apply to the Supreme Court for a review of the decision and the Court, after considering the application, may confirm, vary, remit or set aside the decision. (2) An application under subsection (1) for judicial review shall be heard and determined by a judge in chambers unless the Court, with the consent of the parties, directs otherwise. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 41 A requester or a third party may apply in writing to a public authority for a review by the authority (in this Part referred to as an “internal review”) of any decision made by the authority with respect to a request made under Part 3 or of any failure by the authority to take any action that it is required to take under this Act in respect of such request, including (a) a decision to grant or refuse to grant access to a record; (b) a decision as to the manner in which access to a record requested is to be provided; (c) a decision to transfer a request to another authority, in whole or in part; (d) a decision to extend the time limit for compliance with a request; (e) a decision as to the fee charged for access to a record; (f) a decision to refuse a request to amend a record in respect of personal information; (g) a decision to refuse to disclose the existence of a record; and (h) a failure to do anything relating to a request within the time required by this Act. 45(1) Subject to subsection (2), a requester or a third party may apply in writing to the Commissioner for a review, as the case may be, of (a) any decision made by the head of a public authority under section 43, within six weeks after being notified of that decision; or (b) any failure by the head of a public authority to make a decision under section 43, within six weeks after the date when the decision was required to be made. (2) The Commissioner may in his discretion extend the period for a person to apply for a review under this Part. | Broad but does not include general reference to failure to respect law |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 47(1) If the Commissioner decides not to attempt to resolve the matter under section 46 or if any such attempt is not successful, the Commissioner shall commence a review of the matter. (2) Subject to this Act, the Commissioner may determine the procedure to be followed in the conduct of a review under this Part. (3) Every review shall be conducted in private. (4) The Commissioner shall give a reasonable opportunity for the requester, the public authority and any third party concerned to make representations. (5) Unless permitted by the Commissioner, no person has a right to be present during representations made to the Commissioner by another person, or the right to have access to, or to comment on, representations made by another person. (6) The Commissioner shall, as soon as practicable (a) complete the review and make a decision with regard to the review; and (b) notify the requester, the public authority and any third party concerned of the Commissioner’s decision and the reasons for that decision. | Needs to be completed as soon as practicable and parties need to be given an opportunity to be heard |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 56(4) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his functions under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or both. 64(1) Any person who, subject to subsection (2), alters, erases, destroys or conceals any record with the intention of preventing its disclosure under this Act commits an offence and is liable on summary conviction to a fine of $10,000 or to imprisonment for six months or to both such fine and imprisonment. (2) For the avoidance of doubt, no criminal or civil proceedings shall be brought against any person for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of their employment with a public authority. 65(1) Any person who, subject to subsection (2), knowingly contravenes any provision of this Act (other than section 56 or 64) or regulations made under this Act is guilty of an offence and is liable on summary conviction to a fine of $5,000 or to imprisonment for six months or to both such fine and imprisonment. (2) For the avoidance of doubt, no criminal or civil proceedings shall be brought against any person for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of their employment with a public authority. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 54(1) No proceedings, civil or criminal, shall be brought against the Commissioner or any person appointed or engaged under section 52 in respect of anything done or omitted to be done in the performance or intended performance of their functions under this Act unless it is shown that the Commissioner or person acted in bad faith. (2) Neither the Commissioner nor any person appointed or engaged under section 52 shall be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in the exercise of their functions under this Act. 63 No proceedings, civil or criminal, shall be brought against any public authority, its employees or agents in respect of the disclosure or non-disclosure by any of them of any record under this Act, or any action taken or omitted to be taken under this Act, unless it is shown that the authority, employee or agent acted in bad faith. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 62 Every public authority shall designate one of its officers to be the person to whom requests under the Act may be directed, Reg. 19 A public authority may agree with one or more other public authorities to appoint one information officer. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 51(1) The mandate of the Commissioner is to promote public access to information in accordance with this Act, including by raising public awareness and understanding of the rights conferred by the Act and by providing guidance to public authorities with regard to the obligations imposed on them by the Act. (2) The Commissioner shall perform the functions assigned to him by this Act and by any other statutory provision. 57(1) The Commissioner shall keep the operation of this Act under review and shall, not later than two years after this section comes into operation, carry out an investigation into practices and procedures adopted by public authorities generally for the purposes of compliance with the provisions of this Act. (2) The Commissioner shall prepare a written report on the investigation under subsection (1) and provide a copy of the report to the Minister. (3) The Commissioner may at any time carry out other investigations into the practices and procedures adopted by public authorities generally or any particular public authority for the purposes of compliance with the provisions of this Act. (4) The Commissioner may prepare a report, in writing or such other form as may be determined, of his findings and conclusions resulting from the carrying out of an investigation under subsection (3). (5) The Commissioner shall cause a copy of any report under this section (a) to be provided to the Minister and to any public authority concerned and; (b) to be appended to the Commissioner’s annual report under section 58. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 51(1) The mandate of the Commissioner is to promote public access to information in accordance with this Act, including by raising public awareness and understanding of the rights conferred by the Act and by providing guidance to public authorities with regard to the obligations imposed on them by the Act. (2) The Commissioner shall perform the functions assigned to him by this Act and by any other statutory provision. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 59(1)(c) The Minister may make regulations providing for the management and maintenance of records held by public authorities. 60(1) The Minister shall, following consultation with the Commissioner, establish codes of practice for public authorities regarding the administration of this Act. (2) The Minister shall, in consultation with the Commissioner and the Director of the Department of Archives, establish codes of practice for public authorities regarding the maintenance and management of records of public authorities in a manner that facilitates ready access to the records. (3) A code of practice established under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act 1977. | Minister may set regulations but no proper (binding) system for this |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5(1)(d) Every public authority shall prepare an information statement setting out a description of all classes of records that are held by the authority, in sufficient detail to facilitate the exercise of the right of access under this Act. | List of categories of records held but not records |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 61 The Minister shall ensure that appropriate measures are taken by public authorities with regard to training of staff, organizational arrangements and any other matters that the Minister considers appropriate, for the purposes of facilitating compliance with this Act. Reg. 17(l) An information officer shall keep up to date his knowledge of the Act, the laws relevant to the administration of his public authority, the Code of Practice on Records Management, and the laws and practices affecting the management of records and information. | Minister must ensure and Ios are required to keep themselves informed |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 58(3) Every public authority shall, before the end of each calendar year, provide a written report to the Commissioner containing the information set out in subsection (2) as it pertains to that public authority. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 58(1) The Commissioner shall, within three months after the end of each calendar year, prepare a report on the operation of this Act during that year and cause copies of the report to be laid before each House of the Legislature. (2) The report shall include the following information (a) the number of requests made under section 13 for access to records and how they were disposed of; (b) the number of requests made under section 19 to amend records of personal information and how they were disposed of; (c) the number of times that exemptions under Part 4 were invoked by public authorities, by category; (d) the number of applications made for internal review under Part 5 and how they were disposed of; (e) the number of applications for review by the Commissioner under part 6 and how they were disposed of; and (f) the number of applications made under section 49 for judicial review and the status or result of such applications. (3) Every public authority shall, before the end of each calendar year, provide a written report to the Commissioner containing the information set out in subsection (2) as it pertains to that public authority. |
