Information Commissioner Issues Two Decisions
The Information Commissioner issued two decisions regarding the Ministry of Legal Affairs and Constitutional Reform Headquarters and the Ministry of Social Development and Seniors Headquarters.
A spokesperson said, “On 28 February 2023, Information Commissioner Gitanjali Gutierrez issued her first two Decisions for 2023: Decision 01/2023, Ministry of Legal Affairs and Constitutional Reform Headquarters and Decision 02/2023, Ministry of Social Development and Seniors Headquarters.
“These Decisions arose from one part of the same PATI request, which was originally made in January 2019. Unfortunately, the request was cycled between public authorities unnecessarily. The Applicant had asked for a report on an investigation in response to certain 2018 allegations about a department head. The Applicant believed the public authority had investigated the matter separately from the Department of Internal Audit.
“As background, the Information Commissioner’s Decision 19/2019 affirmed that an internal audit report about the allegations was a record that the public could not access through a PATI request. Then in Decision 05/2021, the Information Commissioner overturned the public authority’s original refusal to say whether any other report existed. In her first two Decisions of 2023, the Information Commissioner has now addressed an issue not previously resolved for the public through her prior reviews.
“As explained in Decision 01/2023, the Information Commissioner’s reviews relied on evidence in a sworn affidavit. She requested it specially to help resolve some inconsistencies with official statements about investigations into the allegations. In weighing the available evidence, the Information Commissioner has found that the public authorities were ultimately justified in denying the PATI request, on the basis that a report by the responsive Ministry Headquarters did not exist. No further action has been required with respect to Decisions 01/2023 and 02/2023.
“The Information Commissioner has commented on a missed opportunity for the public authorities involved with this PATI request. Public trust could have been strengthened if greater transparency about government’s decision making was offered at the outset of their process.
“All decisions issued by the Information Commissioner under section 47[6] of the PATI Act are available at ico.bm.”
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