Information Commissioner Issues Decisions

June 3, 2019

The Information Commissioner issued three decisions regarding the Department of Public Lands and Buildings, Department of Corrections, and the Department of Child and Family Services.

A spokesperson said, “On 27 May 2019, Information Commissioner Gitanjali Gutierrez issued three decisions. In Decision 09/2019, the Information Commissioner has ordered the Department of Public Lands and Buildings to disclose the Sandys 360 business review report, with personal information removed, in response to a request made under the Public Access to Information [PATI] Act 2010.

“She has also ordered the Department to provide an internal review decision on the part of the request seeking records related to payments made by Sandys 360 to government and Sandys 360’s indebtedness to government. The Information Commissioner has rejected the Department’s reliance on the exemption for information received in confidence, section 26[1][a]. She had also found exemptions raised by third parties to be inapplicable.

“In Decision 10/2019, Department of Corrections, the Information Commissioner has upheld the denial of access to records containing information about individual sex offenders that have been released from prison.

“The Information Commissioner has found that the Department correctly relied on the personal information exemption, section 23[1]. She also found that the public interests favoring disclosure could be met by disclosures that were less intrusive of privacy rights, such as statistical data.

“Finally, in Decision 11/2019, Department of Child and Family Services, the Information Commissioner has found that the Department failed to issue an internal review decision and had ordered it to do so. The Requester sought records related to complaints against staff, litigation, and the appointment of litigation guardians.

“The Information Commissioner highlighted the Department’s concern that part of its difficulties in responding to the request was the fact that public authorities continue to operate without the benefit of the ministerial practice codes on the administration of the PATI Act and on records management, which are both required by section 60 of the PATI Act.”

Full versions of Decisions 09/2019, 10/2019, and 11/2019 can be accessed online at

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