ICO Decision On Ministry/Airport Redevelopment
Acting Information Commissioner Answer Styannes issued Decision 29/2019, which concerns the search conducted by the Ministry of Finance Headquarters regarding correspondence between the Bermuda and UK Governments relating to the airport redevelopment.
A spokesperson said, “In Decision 29/2019, the Acting Information Commissioner considered the internal review decision of the Ministry of Finance Headquarters [Ministry] regarding correspondence between the Bermuda and United Kingdom Governments relating to the redevelopment of the L. F. Wade International Airport.
“The Ministry issued the internal review decision in accordance with the Information Commissioner’s Decision 13/2018 and accompanying Order, which required the Ministry to process the responsive records it had not previously considered.
“The Acting Information Commissioner affirmed the Ministry’s internal review decision refusing access to the records because they contained information communicated in confidence by a State and are exempt under section 32[1][b].
“In the Decision, the Acting Information Commissioner emphasized that a record will not be exempt merely because it consists of correspondence between two States. The content and nature of the records, as well as the circumstances of the communications, should be taken into account in deciding whether they were communicated in confidence and thus fall within the section 32[1][b] exemption.
A full version of Decision 26/2019 follows below [PDF here]:
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