ICO Decision On Dept Of Public Prosecutions

November 18, 2021

Information Commissioner Gitanjali Gutierrez has issued Decision 13/2021 in regards to the Department of Public Prosecutions [DPP].

A spokesperson said, “On 10 November 2021, Information Commissioner Gitanjali Gutierrez issued Decision 13/2021, Department of Public Prosecutions [DPP], which considered the failure of the DPP to issue an internal review decision within the 6-week timeline set out in the PATI Act.

ICO Decision 13 2021 Summary

“The DPP accepted that it did not meet the statutory timeline to issue the internal review decision. It explained that the delay was due to various factors, including staff shortages, its current workload and the extent of the PATI request.

“The DPP issued an internal review decision during the Information Commissioner’s review and disclosed to the Applicant a record containing information responsive to the PATI request. The Information Commissioner did not require the DPP to take further steps in relation to the internal review request.

“The Information Commissioner commends the DPP for making efforts to provide the Applicant with information responsive to the PATI request to the greatest extent possible.

“In Decision 13/2021, the Information Commissioner reminded public authorities that a timely internal review decision, issued according to section 43[2] of the PATI Act, provides certainty for the PATI requester on the outcome [even if it is a denial of access], and triggers the PATI requesters’ right to an independent review by the Information Commissioner.

“Decision 13/2021 is available on www.ico.bm.”

The full version of Decision 13/2021 follows below [PDF here]:

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