Information Commissioner Issues Two Decisions

May 18, 2022

The Information Commissioner issued two decisions, one on records pertaining to Cabinet Office, as well as Ministry of National Security Headquarters.

A spokesperson said, “On 10 May 2022, the Acting Information Commissioner issued Decision 13/2022 Cabinet Office. On 21 October 2021, the Cabinet Office issued an initial decision to the original PATI requester and a concerned third party on a request for records concerning the relationship between the Government of Bermuda and MM&I Holdings Ltd., granting access in part to the requested records. However, in her Decision, the Acting Commissioner found that the Cabinet Office failed to decide on the third party applicant’s request for an internal review within the six-week timeline set out in the PATI Act. As a result, the Acting Information Commissioner has ordered the Cabinet Office to issue an internal review decision to the third party on or before Tuesday, 7 June 2022. Decision 13/2022 was the Information Commissioner’s first decision on an application made by a third party affected by a public authority’s decision on a PATI request.

“On 11 May, the Acting Information Commissioner issued Decision 14/2022, Ministry of National Security Headquarters. The Applicant had submitted a PATI request for a Ministerial statement on payments to certain participants in the protest on 2 December 2016 as well as records relating to the payments and the Contingency Fund of the Royal Bermuda Regiment. The Acting Commissioner has found that the Ministry Headquarters failed to issue an internal review decision to the applicant within the six-week timeline set out in the PATI Act. As a result, the Acting Commissioner has ordered the Ministry Headquarters to comply with the requirement to issue a decision on the Applicant’s request for an internal review on or before Wednesday, 8 June 2022.

“Decision 13/2022 and Decision 14/2022 are available on www.ico.bm.”

The full version of Decision 13/2022 follows below [PDF here]:

The full version of Decision 14/2022 follows below [PDF here]:

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