ICO Decision On Attorney General Chambers

March 2, 2022

The Information Commissioner issued Decision 06/2022 in regards to the Attorney General Chambers [AG’s Chambers].

A spokesperson said, “On 23 February 2022, the Information Commissioner issued Decision 06/2022, Attorney General Chambers [AG’s Chambers]. This Decision considered AG’s Chambers’ response to an applicant’s request for records related to the costs associated with the legal challenge against same-sex marriage at the Court of Appeal.

“The Information Commissioner found that AG’s Chambers was justified in its internal review decision to deny access to the requested records because she was satisfied that the records were created or obtained by AG’s Chambers in the course of carrying out its functions, which meant the PATI Act did not apply to them. The Information Commissioner noted the limitations of the PATI Act, which prevent these records from being disclosed.

Microsoft Word - Decision Notice 06_2022 signed

“The Information Commissioner explained in this Decision that, “[n]othing in the PATI Act prevents the Government or another public authority from proactively disclosing the costs of public litigation throughout appeals or at its conclusion as a matter of good governance, which has happened in this case and with other recent constitutional or public law cases”.

“As a result, the Information Commissioner did not require AG’s Chambers to take any further action with respect to Decision 06/2022. Decision 06/2022 is available on www.ico.bm.”

The full version of Decision 06/2022 follows below [PDF here]:

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