ICO Decisions On Two PATI Requests
Information Commissioner Gitanjali Gutierrez has issued two decisions on PATI requests involving the Customs Department and Bermuda Police Service.
A spokesperson said, “On 31 December 2024, Information Commissioner Gitanjali Gutierrez issued Decision 38/2024, Customs Department and Decision 39/2024, Bermuda Police Service.
“In Decision 38/2024, the Applicant had made a PATI request for records about the customs duty paid for imported vehicles that arrived on a specific shipment. During the Information Commissioner’s review, the parties engaged in a facilitated resolution, through which the Applicant had narrowed their request for records and the Customs Department had provided all non-exempt information to the Applicant. As the Applicant did not further challenge the additional disclosures, the Information Commissioner found in her Decision that there was no issue remaining for her to review. The Information Commissioner did not require the Customs Department to take any further action.
“In Decision 39/2024, the Applicant made a PATI request for records about a criminal case and related conduct complaints. In her Decision, the Information Commissioner affirmed the internal review decision of the Bermuda Police Service to withhold records where their disclosure would have prejudiced an ongoing disciplinary investigation under the Police (Conduct) Orders 2016. The Information Commissioner also found that, although the BPS had not conducted a reasonable search during the processing of the PATI request, the BPS took steps during the review to do so. Lastly, the Applicant, during the review, withdrew their challenge regarding records that were withheld because they had been created or obtained by the Department of Public Prosecutions in the course of carrying out its functions.”
The full version of Decision 38/2024 follows below [PDF here]:
The full version of Decision 39/2024 follows below [PDF here]:
