ICO Decision On Ministry Of National Security

The Information Commissioner Gitanjali Gutierrez issued a decision regarding an “internal review decision by the Ministry of National Security to deny a request under the Public Access to Information [PATI] Act 2010 on the grounds that the record did not exist.

“In Decision 15/2019, the requester sought email records of the former Permanent Secretary for the Ministry related to drug reform in Bermuda,” a spokesperson said.

“The requester sought an Information Commissioner’s review of the Ministry’s decision to administratively deny the request because the records did not exist. During the Information Commissioner’s review, the Ministry agreed to conduct additional searches and was able to locate responsive records.

“The Information Commissioner has found that the Ministry incorrectly relied upon the administrative denial in section 16[1][a] of the PATI Act and has required the Ministry to process the records responsive to the PATI request and issue a new initial decision denying or granting access to the records in accordance with the PATI Act within six weeks.

“The Information Commissioner has also expressed her appreciation to the Ministry and the Applicant for their cooperation during this review.”

A full version of Decision 15/2019 follows below [PDF here]:

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