PATI: ICO Annuls Health Department’s Decision
On April 30th, Information Commissioner Gitanjali Gutierrez issued Decision 03/2018, which “annulled a decision by the Department of Health to administratively deny access to day care centres and child care providers records” under the PATI Act.
“The Information Commissioner ordered the Department to process the request and issue a new initial decision, and to issue an internal review decision on records related to accidents at the facilities,” the ICO said.
“In response to the PATI request, the Department had disclosed a list of providers. It denied access to the rest of the records—inspection forms, complaints, and related documents—under section 16[1][c] of the Act because processing the request will substantially and unreasonably interfere with or disrupt its other work.
“The Information Commissioner found that the Department could not rely on section 16[1][c] to deny access because it had not first assisted, or offered to assist, the Applicant to narrow the request.
“This is required by section 16[2] of the Act. A public authority must first explain to the requester why responding to the request will create a substantial and unreasonable interference or disruption.
“This will allow the requester a meaningful opportunity to consult with the public authority to amend the request. It is not enough, concluded the Information Commissioner, “for a public authority to simply cite to 16[1][c] and ask the requester to narrow the request.”
“Given the circumstances of this case, the Information Commissioner found that ordering the Department to offer to assist the Applicant would be futile. The Information Commissioner went on to consider the Department’s reliance on section 16[1][c] to refuse access to the records.
“The Information Commissioner concluded that the estimated 16-21 hours needed to fully process the request over a period of six to twelve weeks does not amount to ‘substantial and unreasonable’ interference with or disruption to the Department’s other work.
“The Information Commissioner stated that the PATI Act ‘heralds a new relationship between the public, public records, and public authorities. The PATI Act shifts the role of public authorities from guardians of public information exerting the power to decide when public information will be shared, into trustees of public records on behalf of the public and responsive to the public’s request for access.’
“The Information Commissioner also considered the nature of the records, which provide information on how the Department carries out its functions, and the steps it took to monitor and ensure public health and safety for pre-school-age infants and children.
A copy of Decision 03/2018 follows below [PDF Here]:
well done to the ICO!!
and we will soon see how long it takes to have this information made available!!
No need to wonder…. 6-12 weeks aa stated in the article. There are timelines integrated into the PATI process.
PATI is fantastic!!
Smells like someone don’t want the records released!!