Two ICO Decisions On PATI Request To BPS
In two recent decisions, Information Commissioner Gitanjali Gutierrez addressed issues related to the Bermuda Police Service [BPS].
A spokesperson said, “Recently, Information Commissioner Gitanjali Gutierrez issued two decisions; Decision 35/2023 and Decision 36/2023, both involving the Bermuda Police Service. In Decision 35/2023, the Information Commissioner considered the BPS’s failure to issue an internal review on a PATI request for records relating to the alleged deletion of emails of a former Commissioner of Police. In Decision 36/2023, she considered a similar failure in relation to a request for witness statements on specific residential searches.
“For these Decisions, Commissioner Gutierrez found that the BPS did not issue internal review decisions to the Applicants within the 6-week timeline set out in the PATI Act. However, she did not require the BPS to take any further action because it issued its internal review decisions while the Commissioner was conducting her independent review.
“These Decisions did not address whether the BPS has properly denied access to the requested records. Rather, they addressed the basic obligation upon the BPS to respond to an internal review request within the statutory timeframe.”
The full version of Decision 35/2023 follows below [PDF here]:
The full version of Decision 36/2023 follows below [PDF here]:
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