ICO Decision On Police Service Records
Information Commissioner Gitanjali Gutierrez issued Decision 39/2023 in regards to the Bermuda Police Service.
A spokesperson said, “On 03 November 2023, Information Commissioner Gitanjali Gutierrez issued Decision 39/2023, Bermuda Police Service which considered the BPS’s failure to issue an internal review on a PATI request for records relating to emails between the Commissioner of Police and the Governor between 1 October and 31 October 2021.
“Commissioner Gutierrez found that the BPS did not issue an internal review decision to the Applicant within the 6-week timeline set out in the PATI Act. The BPS issued its internal review decision to the Applicant while the Commissioner was conducting her independent review. The Applicant may now decide whether they want the Information Commissioner to consider the BPS’s internal review decision.
“In ‘failure to decide’ cases, the Information Commissioner does not address the underlying records responsive to a PATI request. It is simply a decision on whether a public authority has responded to a request within the statutory timeframes. Once an internal review decision has been issued, if a PATI requester is not satisfied with the public authority’s response, they may seek an independent review by the Information Commissioner of that substantive decision. It is at that stage that the Information Commissioner will consider whether the BPS has properly denied access to any of the requested records.”
The full version of Decision 39/2023 follows below [PDF here]:
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