ICO Decision On Bermuda Monetary Authority
Information Commissioner Gitanjali Gutierrez issued Decision 08/2020 in regards to the Bermuda Monetary Authority [BMA].
A spokesperson said, “Information Commissioner Gitanjali Gutierrez issued Decision 08/2020, Bermuda Monetary Authority [BMA], involving a PATI request for records related to the BMA’s staff recruitment plans. The BMA refused access to the responsive records under section 37[1] of the PATI Act, because, in its view, disclosure of these records is prohibited by section 31[1] of the BMA Act 1969.
“The BMA further relied on section 38[1] of the PATI Act to refuse to confirm the existence or non-existence of a record responsive to the PATI request specifically related to its recruitment plan, analysed by the additional staff’s Bermudian or non-Bermudian status.
“The Information Commissioner upheld the BMA’s decision to withhold the responsive records under section 37[1] of the PATI Act. She agreed that disclosure of the records being sought by the Applicant is prohibited by the BMA Act, because they were received by the BMA as part of its exercise of its statutory duty to regulate financial institutions.
“The Information Commissioner also found that the BMA was not justified in refusing to confirm the existence or non-existence of a record related to its recruitment plan, analysed by the additional staff’s Bermudian or non-Bermudian status. The Information Commissioner ordered the BMA to disclose the existence or non-existence of a responsive record and process this part of the request in accordance with the provisions of the PATI Act.
“The Information Commissioner emphasised that her Decision does not confirm whether the Bermudian and non-Bermudian analysis record exists. Although agreeing with the BMA that a record, if it exists or were to exist, is or would be exempt under section 37[1] of the PATI Act, the Information Commissioner is of the view that there is a strong public interest for the BMA to confirm whether the record actually exists or does not exist.
“In her Decision the Information Commissioner states that “[t]he question of a Bermudian analysis in the recruitment and succession plan for any public authority is a topic of widespread public discussion and impact, particularly with respect to critical public authorities such as the BMA … there is a strong public interest in knowing whether records concerning a Bermudian analysis exist or do not exist as part of the BMA’s analysis of its staffing needs, recruitment and succession planning.”
The full version of Decision 08/2020 follows below [PDF here]:
