ICO Decision On Fintech/Cabinet Office

April 27, 2023

Information Commissioner Gitanjali Gutierrez issued Decision 05/2023 in regards to the Cabinet Office.

A spokesperson said, “On 20 April 2023, Information Commissioner Gitanjali Gutierrez issued Decision 05/2023, Cabinet Office. The Applicant had submitted a Public Access to Information [PATI] request to the Cabinet Office for its records about fintech as well as the Fintech Unit.

“The Cabinet Office informed the Applicant, after the deadline for the initial decision had passed, that it had transferred the PATI request to the Ministry of Economy and Labour Headquarters. Even though the Cabinet Office transferred the request to the Ministry of Economy and Labour Headquarters, the Applicant exercised their right under section 41[c] of the PATI Act to challenge a public authority’s decision to transfer their PATI request to another authority. Such an internal review might consider, for example, whether the Cabinet Office holds any responsive records that it should have processed in response to this PATI request. After the deadline had passed for the Cabinet Office to issue an internal review decision to the Applicant, the Applicant requested an independent review by the Information Commissioner.

ICO Decision 05 2023 Cabinet Office Summary

“In her decision, the Commissioner finds that the Cabinet Office failed to issue a decision on the Applicant’s request for an internal review within the PATI Act’s 6-week timeframe. As a result, the Commissioner orders that Cabinet Office to provide a decision of the request for an internal review to the Applicant on or before Thursday, 18 May 2023.

“Decision 05/2023 and the accompanying Order have been filed with the Supreme Court and are legally binding. All decisions issued by the Information Commissioner under section 47[6] of the PATI Act are available at ico.bm.”

The full version of Decision 05/2023 follows below [PDF here]:

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