Public Has Right To Review Of PATI Denials

April 21, 2016

Information Commissioner Gitanjali Gutierrez said that the public has a right to an independent review by the Information Commissioner of denials of PATI requests by public authorities.

A statement said, “A media report today may have led to confusion about whether the Information Commissioner may exercise discretion to decide whether to hear an application by a PATI requester who has been denied records.

“The public has an unqualified right to have the Information Commissioner hear any denial of a record by a public authority, or any aspect of a public authority’s failure to comply with its obligations under the PATI Act.”

“The public has an unqualified right to an independent review by the Information Commissioner. It is important that the public understands that this is a legal right, not something subject to my discretion,” explained Ms Gutierrez.

“When the Information Commissioner’s Office receives any application for a review, we check to make sure it meets the technical requirements under the PATI Act for the Information Commissioner to have the legal power to hear it.

“Once we know the technical requirements are met, the applicant is entitled to a review. I want to emphasize that once we have a valid application, no discretion is involved in deciding to hear it.”

An overview of the independent review process before the Information Commissioner is available in the Information Commissioner’s Office’s publication, Information Commissioner’s Reviews.

A guide for applicants and third parties, available at www.ico.bm or at the Information Commissioner’s Office, Valerie T. Scott Building, 60 Reid Street, Hamilton, or by emailing info@ico.bm.

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  1. mmm says:

    If certain parties have signed a confidentiality clause to certain aspects of the airport re-development, than folks have a right to be concerned. The airport is part and parcel of our economy. Refusing to divulge certain info rmation may draw the feeling that some ( one ) parties are being dishonest. An ill wind blows, that does no one good. Why all this secrecy ?