16% Increase In PATI Requests In 2021

135 new PATI requests were made by Bermudians and residents in 2021, which is a 16% increase over the number of PATI requests made in 2020, according to the Information Commissioner’s Office 2021 Annual Report.

A spokesperson said, “The Information Commissioner’s 2021 Annual Report is available to the public, after being tabled in both Houses of the Legislature at the end of March. The Information Commissioner’s Annual Report provides an overview of the use of the Public Access to Information [PATI] Act from 1 January 2021 to 31 December 2021.

“The Report also highlights the accomplishments of the Information Commissioner’s Office [ICO] during its 2020-21 fiscal period from 1 April 2021 through 31 March 2022.

Highlights of the 2021 Report include:

• 135 new PATI requests were made by Bermudians and residents in 2021, which is a 16% increase over the number of PATI requests made in 2020.

• 48% of public authorities’ initial responses in 2021 to a PATI request granted access in whole or in part to the public records.

• 39 new applications for an independent review by the Information Commissioner were made, which is an 86% increase, compared to the number of applications made in 2020.

• 22 formal decisions were issued by the Information Commissioner in 2021.

• 9 ICO Monthly Roundups were published that discussed Information Commissioner’s decisions, public awareness initiatives and topics of interest for access to public information.

• 4 “What Do You Know Now?” public awareness videos were released.

• 9,000+ engagements occurred with the ICO’s social media posts.

• 333,500+ reaches with its successful social media campaigns were logged.

• 80% of the public believes that creating and enforcing the PATI Act is a very important public investment.

• 85 individuals representing over 50 different public authorities attended the Information Commissioner’s virtual Quarterly Briefings for public authorities.

“In her Welcome, Information Commissioner Gitanjali Gutierrez spoke to the importance of PATI rights, particularly for young people, “The future of Bermuda rests with the many young leaders who are boldly taking action on issues such as climate change and racial equality. Young people expect to be informed, included and involved on public matters and know that they have a right to access information critical for their future as well as for Bermuda today”. The Annual Report shares the ICO’s various outreach efforts to young people and youth-oriented organisations, among other activities.

“Information Commissioner Gutierrez also identified two concerning trends in 2021. First, the ICO saw a substantial increase in public authorities failing to provide internal review decisions on PATI requests. These failures raise concerns about public authorities’ ability to meet the basic requirements of the PATI Act. Improvements can be achieved through appropriate support for information officers and by the use of existing resources more effectively and efficiently.

“The second concerning trend affirms Information Commissioner Gutierrez’s long-standing call to allow Bermudians and residents to make PATI requests anonymously. For the first time, the ICO surveyed public confidence in the ability of public authorities to safeguard PATI requesters’ identity. Only 34% of the respondents believed that a public authority would safeguard their right to confidentiality if they made a PATI request.”

“Such low confidence in this aspect of public authorities’ PATI practice could be immediately remedied by allowing individuals to make PATI requests anonymously,” explained Commissioner Gutierrez. “It would also support the Government’s 2019 Strategic Plan for Government Reform by increasing public trust and promoting transparency”.

Information Commissioner Gutierrez also noted in her Welcome that “As the Government considers amending the PATI Act, any process impacting the rights of Bermudians and residents should involve robust and open public consultation, with input received from both public authorities and the general public. The Government has an opportunity to use the consultation process to build public trust and demonstrate a commitment to meaningful citizen engagement and good governance”.

“The Information Commissioner’s 2021 Annual Report is ripe with evidence that Bermudians and residents are using their PATI rights to gain access to more detailed information about public decisions that affect their families, community, businesses and future. Every PATI request submitted is demonstrating that Bermudians and residents are closely observing public decisions, policies and spending. Each public disclosure under the PATI Act provides the public access to information that further strengthens Bermudians and residents’ ability to engage meaningfully with those that govern and make public decisions on their behalf.

“As required under section 58 of the PATI Act, the Information Commissioner’s 2021 Annual Report was tabled to both Houses of the Legislature in March 2022. The Information Commissioner’s 2021 Annual Report is available at www.ico.bm.”

The full Information Commissioner’s Office Annual Report 2021 follows below [PDF here]:

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