Information Commissioner’s 2022 Annual Report

The Information Commissioner’s Office [ICO] Annual Report 2022 has been released, highlighting the use of the Public Access to Information [PATI] Act.

A spokesperson said, “The Information Commissioner’s 2022 Annual Report is available to the public, after being tabled in the House of Assembly this morning. The report summarises the use of the Public Access to Information [PATI] Act from 1 January to 31 December 2022. It also highlights the accomplishments of the Information Commissioner’s Office [ICO] during its 2022-23 fiscal period, from 1 April 2022 through 31 March 2023.

“Highlights of the Information Commissioner’s 2022 Annual Report include:

• 158 new PATI requests were made by Bermudians and residents in 2022, a 17% increase from the year before.

• 47 public authorities, out of 187, received PATI requests in 2022.

• 44% of authorities’ initial responses in 2022 to a PATI request granted access to public records.

• 54 new applications for an Information Commissioner’s independent review were made in 2022, a 38% increase from the year before.

• 44 applications for an Information Commissioner’s review were closed in 2022, a 63% increase over the 2021 closures.

• 34 formal decisions were issued by the Information Commissioner in 2022.

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

• The ICO’s redesigned website, ico.bm, was published to model transparency by design.

• 2,700+ engagements occurred with the ICO’s social media posts.

• 117,000+ reaches were logged with the ICO’s successful social media campaigns.

• 88 individuals representing 43 different public authorities attended the Information Commissioner’s Quarterly Briefings in 2022-23, which featured practice-oriented guidance on handling PATI requests as well as on the 2022 ICO Annual Return process.

• 5 updated ICO Guidances were published.

• A PATI milestone was reached when the Information Commissioner issued her 100th decision.

In her welcome, Information Commissioner Gitanjali Gutierrez highlighted that the ICO’s 2022 “reviews involved PATI requests seeking information about a variety of topics with broad public impact.

“PATI requests are seeking more transparency on questions of work permit exceptions; various public-private partnership arrangements; COVID policies, spending and programmes; the development and regulations of the gaming industry; the Government’s Molecular Diagnostic Lab, Tudor Farm, and more”. She further noted that, “We know from the enquiries and comments received by the ICO that Bermudians and residents recognise the value of their PATI rights to remain informed and strengthen their ability to hold public authorities and elected officials accountable.”

The spokesperson said, “In her report, Information Commissioner Gutierrez also speaks to the real challenges that public authorities continue to face while navigating PATI matters.

“Limited budgets, reduced staff and increased workloads…faced by many authorities are all factors that the Commissioner acknowledges. She continues to highlight the fact that responding to PATI requests is a fundamental component of modern democracies that cannot be set aside when challenges arise. In response to this challenge facing public authorities, the ICO has focused on extending practice-oriented guidance to the individuals in public authorities working with the PATI Act.

“Commissioner Gutierrez reminds the public that the PATI Act offers a framework to manage burdensome requests—one that balances communicating with a requester, encouraging good management of public records, and considering a public authority’s finite resources. In response to the Government’s intention to impose a new fee simply for making a PATI request, Commissioner Gutierrez urges the Government to consult meaningfully with the public [and public authorities] prior to any amendments to the PATI Act that may lessen the people’s rights.

“As required under section 58 of the PATI Act, the Information Commissioner’s 2022 Annual Report was tabled in the House of Assembly in March 2023. It is available at ico.bm, with her past Reports.”

The full Information Commissioner’s Office Annual Report 2022 follows below [PDF here]:

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