ICO Decision On Bermuda Gaming Commission
Information Commissioner Gitanjali Gutierrez issued Decision 37/2024 regarding the Bermuda Gaming Commission.
A spokesperson said, “On 5 December 2024, Information Commissioner Gitanjali Gutierrez issued Decision 37/2024, Bermuda Gaming Commission.
“In Decision 37/2024, the Applicant had made a PATI request for exhibits to an affidavit that had been filed with the Supreme Court by the Gaming Commission. The Gaming Commission refused access to the records on the basis that either they contained personal information; their disclosure would prejudice the effectiveness of the methods or procedures the Gaming Commission had used for preventing, detecting, investigating or dealing with a suspected leaking of confidential information by a former Executive Director; and they were Cabinet documents or would disclose a decision or deliberation of the Cabinet.
“In her Decision, the Information Commissioner found that the PATI Act did not apply to two records because they related to the exercise of the Supreme Court’s judicial function and found that the Gaming Commission was correct to withhold one record and part of a record because they would disclose a Cabinet document or a decision or deliberation of Cabinet. The Information Commissioner also found that the Gaming Commission had not shown that disclosure of the remaining records would prejudice the effectiveness of its methods or procedures. Lastly, the Information Commissioner found that certain records contained exempt personal information but ordered disclosure of other personal information because there was a strong public interest in increasing transparency and accountability for both the actions of the former Executive Director as well as the Gaming Commission’s response to the alleged wrongful conduct.
“The Gaming Commission has been ordered to disclose one record in full and five records in part [with exempt personal information redacted] by 23 January 2025.”
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