Information Commissioner Decision On DENR
Information Commissioner Gitanjali Gutierrez issued Decision 07/2021, which was in regards to the Department of Environment and Natural Resources.
A spokesperson said, “Information Commissioner Gitanjali Gutierrez issued Decision 07/2021, Department of Environment and Natural Resources. The Information Commissioner concluded that the Department did not respond to the Applicant’s request for an internal review within the timeline required by the PATI Act. However, she did not issue an order requiring the Department to take further steps. This was due to the Department’s prompt issuance of the internal review decision once the Information Commissioner’s review commenced.
“The Information Commissioner found the Department was not aware that the Permanent Secretary for the Ministry of Home Affairs was its Head of Authority for the purposes of the PATI Act. The Applicant’s internal review request was not brought to the Head of Authority’s attention at that time. Instead, the Department provided the Applicant with an additional response in reply to the internal review request. The Information Commissioner accepted that the Department’s failure to bring the internal review request to the Head of Authority’s attention as well as its additional correspondence were done in good faith.
“This case serves as a good reminder to public authorities to familiarise themselves with the provisions of the PATI Act and to consult the Minister’s PATI Practice Code when handling PATI requests.
The full version of Decision 07/2021 follows below [PDF here]:
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