ICO Issues Decision On Police Service
Information Commissioner Gitanjali Gutierrez issued Decision 40/2023 in regards to the Bermuda Police Service.
A spokesperson said, “On 23 November 2023, Information Commissioner Gitanjali Gutierrez issued Decision 40/2023, Bermuda Police Service.
“The Applicant had made a Public Access to Information request to the BPS for records related to a concern raised by a hotel about the Applicant’s handling of a particular incident which took place at the hotel’s property. In response, the BPS stated that some of the records that the Applicant requested did not exist while one identified record could not be disclosed because it was given to the BPS in confidence.
“In her Decision, the Information Commissioner has found that BPS was justified in denying access to parts of the PATI request because the BPS has conducted a reasonable search before concluding that these records did not exist.
“When considering whether the one identified record was given in confidence, the Information Commissioner considered the information within the record in two parts: the identity of the person who made the allegation against the Applicant and the content of the actual allegation. The Information Commissioner upheld the BPS’s decision to withhold the identity of the person who made the allegation against the Applicant. However, she ordered the BPS to disclose parts of the record that outline the content of the allegation against the Applicant, without personal information of a specified third party, on or before Thursday 4 January 2024. The BPS has since complied with the Information Commissioner’s Decision and Order.”
The full version of Decision 40/2023 follows below [PDF here]:
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