Introduction Introduction to the FOI to the FOI

Law for Civil Law for Civil ServantsServants

Objectives of CourseObjectives of Course

1.1. Facilitate understanding the importance Facilitate understanding the importance of FOI for transparency & accountability of FOI for transparency & accountability and the implications of keeping and the implications of keeping information unnecessarily secret.information unnecessarily secret.

2.2. Describe the history and main features of Describe the history and main features of the Freedom of Information Law, 2007 the Freedom of Information Law, 2007 and its impact on public authorities.and its impact on public authorities.

3.3. Explain how an Information Manager Explain how an Information Manager (“IM”) makes decisions on requests. (“IM”) makes decisions on requests.

Objectives of Course ctd.Objectives of Course ctd.

4.4. Ensure that all public authority staff Ensure that all public authority staff members know how to respond when members know how to respond when they receive a query from the public.they receive a query from the public.

5.5. Familiarise public officials with the Familiarise public officials with the procedures for receiving an FOI request procedures for receiving an FOI request and how to assist an applicant.and how to assist an applicant.

6.6. Provide a brief overview of the additional Provide a brief overview of the additional requirements of the FOI Law, including requirements of the FOI Law, including records management and publication records management and publication schemes, and how to help your IM.schemes, and how to help your IM.

What is Freedom of Information?What is Freedom of Information?

Freedom of Information speaks to Freedom of Information speaks to the right of the public to see the right of the public to see

government information from a government information from a Cayman Islands public authority.Cayman Islands public authority.

Why have FOI?Why have FOI?

DVD ExcerptDVD Excerpt

Laura Neuman – Consultant to the Laura Neuman – Consultant to the Cayman Islands Government, Cayman Islands Government, presenting at the Cayman Islands presenting at the Cayman Islands Civil Service Association (CISCA)Civil Service Association (CISCA)

““Knowledge is power.Knowledge is power.

Information is liberating.”Information is liberating.”

- Kofi Annan, Past - Kofi Annan, Past

Secretary-General of Secretary-General of

the United Nationsthe United Nations

The Expectations of FOIThe Expectations of FOI

““[FOI] would… signal a culture change that [FOI] would… signal a culture change that would make a dramatic difference to the would make a dramatic difference to the

way that Britain is governed… [Its] way that Britain is governed… [Its] introduction will signal a new relationship introduction will signal a new relationship

between government and people: a between government and people: a relationship which sees the public as relationship which sees the public as

legitimate stakeholders in the running of legitimate stakeholders in the running of the country and sees election to serve the the country and sees election to serve the

public as being given on trust.”public as being given on trust.”

-Tony Blair, from his speech at a Campaign for Freedom of Information Tony Blair, from his speech at a Campaign for Freedom of Information awards ceremony in 1996, before the UK FOI Act had been developedawards ceremony in 1996, before the UK FOI Act had been developed

Benefits of OpennessBenefits of Openness

Increases public knowledge of the Increases public knowledge of the activities and structure of government activities and structure of government and encourages participation in national and encourages participation in national decision-making.decision-making.

Greater public understanding of how Greater public understanding of how government functions and consistent government functions and consistent access to government records reduces access to government records reduces impropriety and corruption.impropriety and corruption.

Records management practices improve.Records management practices improve.

Consistently and proactively releasing Consistently and proactively releasing information builds trust, demonstrates information builds trust, demonstrates commitment to transparency and shows commitment to transparency and shows that both government and politicians that both government and politicians understand that they are accountable to understand that they are accountable to the public that they serve.the public that they serve.

Improves the relationship Improves the relationship between state and citizen.between state and citizen.

Benefits of Openness ctd.Benefits of Openness ctd.

Benefits of Openness ctd.Benefits of Openness ctd. Even when information about wrong-Even when information about wrong-

doing is released it doing is released it shows honesty and shows honesty and integrity, deters such integrity, deters such actions in the future actions in the future leads to corrections, leads to corrections, and often calls for and often calls for revision of general revision of general policy and policy and procedures procedures to prevent similar occurrences. to prevent similar occurrences.

Background to FOI in the Background to FOI in the Cayman IslandsCayman Islands

The Cayman Islands Freedom of Information Bill was The Cayman Islands Freedom of Information Bill was tabled in the Legislative Assembly on 4tabled in the Legislative Assembly on 4thth November 2005. November 2005.

The FOI Law was passed in the LA on 31The FOI Law was passed in the LA on 31stst August 2007 August 2007 and assented to by the Governor on 19and assented to by the Governor on 19thth October 2007. October 2007.

The Freedom of Information (General) Regulations were The Freedom of Information (General) Regulations were gazetted on 23gazetted on 23rdrd December 2008 to ensure consistent December 2008 to ensure consistent implementation of the provisions of the FOI Law.implementation of the provisions of the FOI Law.

The FOI Law was brought into force on 5The FOI Law was brought into force on 5thth January 2009. January 2009.

Objects of the Cayman Islands Objects of the Cayman Islands FOI Law 2007 (s. 4) –”TAP”FOI Law 2007 (s. 4) –”TAP”

To reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy,

(a) transparency(b) accountability and(c) public participation in national decision-making,

by granting to the public a general right of access to records held by public authorities.

What & Who Does it Cover?What & Who Does it Cover?

WHAT – Records. “Information held in any form.”WHAT – Records. “Information held in any form.”

WHO – Cayman Islands public authoritiesWHO – Cayman Islands public authorities

Ministries, portfolios, departments, statutory authorities, Ministries, portfolios, departments, statutory authorities, government companies, boards and committeesgovernment companies, boards and committees

Possible extension: private companies and organisations Possible extension: private companies and organisations that receive government appropriations and that provide that receive government appropriations and that provide a service important to welfare of Caymanian societya service important to welfare of Caymanian society

ImplicationsImplications

FOI assumes that information will be FOI assumes that information will be disclosed in response to a request for disclosed in response to a request for unless it falls under an exemption or unless it falls under an exemption or exclusion within the FOI Law.exclusion within the FOI Law.

FOI further requires agencies to FOI further requires agencies to proactively publish information and proactively publish information and make information more available to make information more available to the general public. the general public.

Implications ctd.Implications ctd.

All staff who deal with the public All staff who deal with the public must be aware of the requirements must be aware of the requirements of FOI and know how to assist of FOI and know how to assist people in accessing information.people in accessing information.

Public authorities have to be aware Public authorities have to be aware of and able to find information they of and able to find information they hold, apply any relevant fees, and hold, apply any relevant fees, and record details of each request and record details of each request and decisions that have been made.decisions that have been made.

What Changes has FOI What Changes has FOI brought to Cayman?brought to Cayman?

Open government requires public Open government requires public authorities to make information available.authorities to make information available. Gazette (Publication Scheme)Gazette (Publication Scheme) Proactive publication of informationProactive publication of information Inspection in a reading room/on websiteInspection in a reading room/on website Respond to requests for informationRespond to requests for information

Not all information will be made public. Not all information will be made public. Information may be withheld if it falls Information may be withheld if it falls under a specific exemption or exclusion.under a specific exemption or exclusion. The public interest test applies in some cases.The public interest test applies in some cases.

What is an FOI Request?What is an FOI Request? A query seeking information A query seeking information

about anything of any age.about anything of any age.

An application to access any An application to access any of the records held by a of the records held by a public authority.public authority.

A request for information A request for information that would not have been that would not have been released before the FOI Law released before the FOI Law came into effect.came into effect.

FOI FundamentalsFOI Fundamentals A valid request must:A valid request must:

Be in writing, including e-mailBe in writing, including e-mail Have a name and address (mail or e-mail)Have a name and address (mail or e-mail)

It does not have to be a real nameIt does not have to be a real name Describe information/records requestedDescribe information/records requested

Applicants are able to inspect, copy, or listen Applicants are able to inspect, copy, or listen to official records held by public authoritiesto official records held by public authorities

You are able to ask for your own personal You are able to ask for your own personal information that is held by government to information that is held by government to be changed if you think it is incorrectbe changed if you think it is incorrect

Anyone, of any age, from anywhere Anyone, of any age, from anywhere in the world, can make a requestin the world, can make a request

There is no need to state that it is a There is no need to state that it is a Freedom of Information requestFreedom of Information request

A person CANNOT be A person CANNOT be asked for the reason for asked for the reason for their requesttheir request

FOI Fundamentals ctd.FOI Fundamentals ctd.

The FOI Law does not require the The FOI Law does not require the creationcreation of a document, but it may of a document, but it may require the require the collationcollation of information of information

FOI Fundamentals ctd.FOI Fundamentals ctd.

FOI Fundamentals ctd.FOI Fundamentals ctd. Fees may be charged by public Fees may be charged by public

authorities before granting access, authorities before granting access, but they cannot exceed the actual but they cannot exceed the actual cost of preparation, reproduction and cost of preparation, reproduction and delivery of information. delivery of information. Photocopies, CDs, scanning paper recordsPhotocopies, CDs, scanning paper records Mailing or sending documents by courierMailing or sending documents by courier Transcribing audio recordingsTranscribing audio recordings

Information ManagersInformation Managers

Information Managers are appointed Information Managers are appointed in each public authority to:in each public authority to:

Promote best practices Promote best practices Receive requests and make Receive requests and make

decisions on each applicationdecisions on each application Assist individuals seeking accessAssist individuals seeking access Receive complaintsReceive complaints Ensure full compliance with the FOI LawEnsure full compliance with the FOI Law

Mandated Timely ResponseMandated Timely Response

A decision must be given A decision must be given on each request no later on each request no later than than 30 calendar days30 calendar days

after receipt.after receipt.

Public authorities may Public authorities may extend this period once extend this period once for another 30 calendar for another 30 calendar

days only in instances of days only in instances of “reasonable” cause.“reasonable” cause.

When a Decision May Take When a Decision May Take More than 30 Calendar DaysMore than 30 Calendar Days

If third parties are consultedIf third parties are consulted 14 days for IM to contact third party14 days for IM to contact third party 28 days for third party to respond28 days for third party to respond 14 days for IM to make the decision14 days for IM to make the decision

If clarification is required by the IMIf clarification is required by the IM Timeline freezes until response from applicantTimeline freezes until response from applicant

If the scope of the request needs to If the scope of the request needs to be narrowed by the applicantbe narrowed by the applicant Timeline freezes until response from applicantTimeline freezes until response from applicant

Delivering RecordsDelivering Records The IM has 14 days after making a The IM has 14 days after making a

decision, or after receiving any decision, or after receiving any applicable fees, to deliver the applicable fees, to deliver the recordsrecords

If the IM is granting access to third If the IM is granting access to third party personal information and the party personal information and the third party did not consent, the IM third party did not consent, the IM must wait 60 days after the decision must wait 60 days after the decision is made before releasing the recordsis made before releasing the records If an appeal is filed with the Information If an appeal is filed with the Information

Commissioner, the IM must wait for the resultCommissioner, the IM must wait for the result

TransfersTransfers

If a request has to be transferred to If a request has to be transferred to another agency, this must be another agency, this must be completed as soon as practicable but completed as soon as practicable but no more than 14 days after receipt.no more than 14 days after receipt.

The timeline starts over and the The timeline starts over and the receiving public authority has 30 receiving public authority has 30 calendar days to respond.calendar days to respond.

Activity 1Activity 1 Separate into groups of 3 or 4Separate into groups of 3 or 4

One person will act as the requestorOne person will act as the requestor Another person will act as the Another person will act as the

receptionist or other staff member receptionist or other staff member The remaining one or two people will act The remaining one or two people will act

as observers and take (mental) notesas observers and take (mental) notes

Further instructions and a blank Further instructions and a blank FOI application form are available FOI application form are available in your information packetin your information packet

ACCEPT APPLICATION

SCOPEREQUEST

SEARCH & REVIEW

DECISION

DOCUMENTATION

Expedite

Clarify

Acknowledge

Identify

Document

Collate

Consult

Redact

Full access

Exempt

No records

Non-compliance

Processing FOI Requests

Exclusions in the FOI LawExclusions in the FOI Law

The Law wholly does not apply to:The Law wholly does not apply to:

Records that may not be disclosed under Records that may not be disclosed under s. 50 of the Monetary Authority Law;s. 50 of the Monetary Authority Law;

Records relating to directors, officers and Records relating to directors, officers and shareholders of companies exempted shareholders of companies exempted under the Company Law;under the Company Law;

Judicial functions of a court or holder of a Judicial functions of a court or holder of a judicial office (however, administrative judicial office (however, administrative records fall within the law);records fall within the law);

Exclusions in the FOI Law ctd.Exclusions in the FOI Law ctd.

Records relating to the strategic or Records relating to the strategic or intelligence gathering information of intelligence gathering information of the police, special constabulary and the police, special constabulary and customs;customs;

Records that are the property of the UK Records that are the property of the UK Government;Government;

Private holdings of the Cayman Islands Private holdings of the Cayman Islands National Archive where there is a National Archive where there is a contract or other arrangement that contract or other arrangement that restricts access under the FOI Law.restricts access under the FOI Law.

On what Grounds can a On what Grounds can a Request be Refused ?Request be Refused ?

A public authority does not have A public authority does not have comply comply with an application at allwith an application at all if: if: The request is vexatious;The request is vexatious; The public authority has already complied with a The public authority has already complied with a

substantially similar request from the same person;substantially similar request from the same person; Full compliance with the request would Full compliance with the request would

unreasonable divert its resources; orunreasonable divert its resources; or The information is already available in the public The information is already available in the public

domain, even if it can only be domain, even if it can only be accessed through a fee or in a accessed through a fee or in a specified format.specified format.

The DecisionThe Decision Public authorities may:Public authorities may:

(1) Grant full access(1) Grant full access

(2) Grant partial access(2) Grant partial access

(3) Extend the time for response(3) Extend the time for response

(4) Refuse access to exempt records(4) Refuse access to exempt records

(5) Refuse to comply with the request(5) Refuse to comply with the request

(6) Defer access to a record(6) Defer access to a record

(7) Tell the applicant how to access the (7) Tell the applicant how to access the record outside of FOI proceduresrecord outside of FOI procedures

(8) Inform the applicant no records exist(8) Inform the applicant no records exist

Decision ctd.Decision ctd.

The IM may also transfer the request The IM may also transfer the request to another public authority that holds to another public authority that holds relevant records, who will then make relevant records, who will then make a decision on the applicationa decision on the application

The IM must give a reason for their The IM must give a reason for their decision and inform the applicant of decision and inform the applicant of the right of internal review or appeal the right of internal review or appeal to the Information Commissionerto the Information Commissioner

ExemptionsExemptions Exemptions are specifically listed in Exemptions are specifically listed in

the FOI Lawthe FOI Law

When a document or When a document or part of a document is part of a document is exempt, it will not be exempt, it will not be released to the publicreleased to the public

Exemptions apply Exemptions apply when the disclosure when the disclosure of the document will prejudice or of the document will prejudice or harm a substantial public interestharm a substantial public interest

Exemptions ctd.Exemptions ctd.

Most exemptions are qualified based Most exemptions are qualified based on expected harm from disclosure. on expected harm from disclosure. Others are absolute and relate to Others are absolute and relate to whole categories or types of records whole categories or types of records regardless of what information they regardless of what information they contain or what harm they could causecontain or what harm they could cause

Exemptions ctd.Exemptions ctd. The exempt status of a document The exempt status of a document

may change with passage of time may change with passage of time or with a change of circumstancesor with a change of circumstances The majority of the exemptions can only The majority of the exemptions can only

apply for a maximum of 20 yearsapply for a maximum of 20 years The exemption for conservation is 75 yearsThe exemption for conservation is 75 years Personal information is exempt foreverPersonal information is exempt forever

EXEMPTIONSEXEMPTIONSFROM THE FROM THE

FOI LAWFOI LAW

15 – security, defence or 15 – security, defence or international relationsinternational relations

DisclosureDisclosure would prejudice our would prejudice our security, defence or international security, defence or international relations, or reveal information relations, or reveal information communicated in confidence from or communicated in confidence from or on behalf of a foreign government or on behalf of a foreign government or international organisationinternational organisation

s. 15(a) used in Caymans. 15(a) used in Cayman

Cabinet Office, 19 January 2009: An Cabinet Office, 19 January 2009: An unedited digital copy of all of the unedited digital copy of all of the recordings of negotiations between recordings of negotiations between the UK delegation and the members the UK delegation and the members of the Cayman Islands delegation, of the Cayman Islands delegation, seeking agreement between the seeking agreement between the Cayman Islands and the UK on ways Cayman Islands and the UK on ways to revise the Cayman Islands to revise the Cayman Islands Constitution Order 1972. Constitution Order 1972.

16 – law enforcement 16 – law enforcement

disclosuredisclosure would, or could would, or could reasonably be expected toreasonably be expected to (a) endanger any person’s life or safety(a) endanger any person’s life or safety (b) affect the conduct of an (b) affect the conduct of an

investigation or prosecution, or a trail investigation or prosecution, or a trail or adjudicationor adjudication

(c) enable a person to (c) enable a person to find out a confidential find out a confidential source of informationsource of information

16 – law enforcement ctd.16 – law enforcement ctd. (d) reveal lawful methods or (d) reveal lawful methods or

procedures for preventing, detecting, procedures for preventing, detecting, investigating or dealing with crime investigating or dealing with crime (and prejudice the effectiveness of (and prejudice the effectiveness of those methods or procedures)those methods or procedures)

(e) facilitate (e) facilitate someone’s escape someone’s escape from lawful from lawful detentiondetention (f) jeopardise the (f) jeopardise the security of a prisonsecurity of a prison

s. 16(a) used in Caymans. 16(a) used in Cayman

CIMA, 24 March 2009: Various job CIMA, 24 March 2009: Various job descriptions for positions in the descriptions for positions in the currency division of CIMA.currency division of CIMA.

RCIPS, 24 August 2009: The total RCIPS, 24 August 2009: The total amount of money paid to informants amount of money paid to informants for drugs or guns in the past five for drugs or guns in the past five years.years.

s. 16(b) used in Caymans. 16(b) used in Cayman

Emergency Communications, 12 Emergency Communications, 12 January 2009: Audio recording of a January 2009: Audio recording of a call made to 911.call made to 911.

UCCI, 18 September 2009: Actual UCCI, 18 September 2009: Actual expenditure, line by line, for the last expenditure, line by line, for the last two financial years.two financial years.

s. 16(c) used in Caymans. 16(c) used in Cayman

RCIPS, 4 May 2009: A report filed by RCIPS, 4 May 2009: A report filed by SIO Martin Bridger relating to the SIO Martin Bridger relating to the Operation Tempura investigation and Operation Tempura investigation and arrest of Justice Henderson.arrest of Justice Henderson.

s. 16(d) used in Caymans. 16(d) used in Cayman

Immigration, 4 September 2009: A Immigration, 4 September 2009: A copy of the standard English test copy of the standard English test administered by the Immigration administered by the Immigration Department to work permit holders Department to work permit holders from non-English speaking countries.from non-English speaking countries.

Customs, 10 August 2009: TRS data Customs, 10 August 2009: TRS data for all K-9 officers.for all K-9 officers.

17 – legal professional privilege17 – legal professional privilege

(a) (a) The recordThe record is subject to legal is subject to legal professional privilegeprofessional privilege

(b) Disclosure would (b) Disclosure would (i) constitute an actionable breach of (i) constitute an actionable breach of

confidenceconfidence (ii) be in contempt of court(ii) be in contempt of court (iii) infringe the privileges of (iii) infringe the privileges of

ParliamentParliament

s. 17(a) used in Caymans. 17(a) used in Cayman

Governor’s Office, 27 March 2009: Governor’s Office, 27 March 2009: Correspondence, contracts, budget Correspondence, contracts, budget requests, budget estimates and any requests, budget estimates and any other document relating to the other document relating to the expected total cost of the Justice expected total cost of the Justice Levers Judicial Tribunal.Levers Judicial Tribunal.

s. 17(b)(i) used in Caymans. 17(b)(i) used in Cayman

Immigration, 15 May 2009: Specific Immigration, 15 May 2009: Specific Trade and Business licences, Trade and Business licences, applications and refusals/approvals. applications and refusals/approvals.

Agriculture Department, 10 February Agriculture Department, 10 February 2009: The Alliance of Marine 2009: The Alliance of Marine Mammal Parks and Aquarium Mammal Parks and Aquarium Standards and Guidelines.Standards and Guidelines.

18 – adverse effect on the 18 – adverse effect on the Caymanian economyCaymanian economy

DisclosureDisclosure or premature disclosure or premature disclosure would have a substantial adverse would have a substantial adverse effect on the Caymanian economy or effect on the Caymanian economy or the government’s ability to manage the government’s ability to manage the economythe economy Relating to duties, monetary Relating to duties, monetary

policy, etcpolicy, etc Records protected by the Records protected by the

Confidential Confidential Relationships (Preservation) Relationships (Preservation) LawLaw

s. 18 used in Caymans. 18 used in Cayman

CIMA, 23 February 2009: Information CIMA, 23 February 2009: Information related to an experimental trial the related to an experimental trial the Cayman Islands Currency Board Cayman Islands Currency Board conducted in 1996 with $10 notes, conducted in 1996 with $10 notes, including the type of paper used and including the type of paper used and the outcome of the trial.the outcome of the trial.

19 – Cabinet documents19 – Cabinet documents

The recordThe record contains contains (a) opinions, advice or (a) opinions, advice or

recommendations prepared for Cabinetrecommendations prepared for Cabinet (b) a record of consultations or (b) a record of consultations or

deliberations arising in the course of deliberations arising in the course of proceedings of Cabinet or a committeeproceedings of Cabinet or a committee

(Does not apply to records which contain(Does not apply to records which containmaterial of a purely factual nature ormaterial of a purely factual nature orreports, studies, tests or surveys of areports, studies, tests or surveys of a

scientific or technical nature)scientific or technical nature)

s. 19(1)(a) used in Caymans. 19(1)(a) used in Cayman

Tourism, Environment, Investment & Tourism, Environment, Investment & Commerce Ministry, 4 March 2009: Commerce Ministry, 4 March 2009: The coastal works application and The coastal works application and approval letter for the Orion approval letter for the Orion Development Fujigmo project. Also, Development Fujigmo project. Also, any documents that might have any documents that might have accompanied the approval, including accompanied the approval, including but not limited to the Department of but not limited to the Department of Environment’s response to the Environment’s response to the application. application.

s. 19(1)(b) used in Caymans. 19(1)(b) used in Cayman

Governor’s Office, 27 March 2009: Governor’s Office, 27 March 2009: Correspondence, contracts, budget Correspondence, contracts, budget requests, budget estimates or any other requests, budget estimates or any other document received from the Chief Justice document received from the Chief Justice or the Courts Office regarding the decision or the Courts Office regarding the decision to hire Campbells Law Firm to represent to hire Campbells Law Firm to represent Court Staff appearing before the Levers Court Staff appearing before the Levers Tribunal, including any document giving Tribunal, including any document giving the estimate of the cost of the retainer. the estimate of the cost of the retainer.

20 – Deliberative process20 – Deliberative process (a) (a) DisclosureDisclosure would prejudice collective would prejudice collective

responsibility of Ministersresponsibility of Ministers (b) (b) DisclosureDisclosure would inhibit free and frank would inhibit free and frank

exchange of views for deliberationexchange of views for deliberation (c) (c) The recordThe record is legal advice from the is legal advice from the

Attorney-GeneralAttorney-General (d) (d) DisclosureDisclosure would prejudice the effective would prejudice the effective

conduct of public affairsconduct of public affairs

(Decision must be made by the Chief Officer or(Decision must be made by the Chief Officer or

Minister, not by the Information Manager)Minister, not by the Information Manager)

s. 20(1)(b) used in Caymans. 20(1)(b) used in Cayman

CINICO, 21 April 2009: Board CINICO, 21 April 2009: Board minutes.minutes.

Legal Affairs Portfolio, 4 February Legal Affairs Portfolio, 4 February 2009: Why Government decided not 2009: Why Government decided not to accept an invitation from the Privy to accept an invitation from the Privy Council to fund more of the Council to fund more of the applicant’s cost of an appeal.applicant’s cost of an appeal.

s. 20(1)(c) used in Caymans. 20(1)(c) used in Cayman

RCIPS, 21 April 2009: Advice given by RCIPS, 21 April 2009: Advice given by the Legal Department that the the Legal Department that the common law offence of misconduct common law offence of misconduct in a public office is not an arrestable in a public office is not an arrestable offence under the laws of the offence under the laws of the Cayman Islands, including but not Cayman Islands, including but not limited to any document(s) setting limited to any document(s) setting out the reasons for such advice and out the reasons for such advice and any instructions given to the Legal any instructions given to the Legal Department by the RCIPS.Department by the RCIPS.

s. 20(1)(d) used in Caymans. 20(1)(d) used in Cayman

Information Commissioner’s Office, 1 Information Commissioner’s Office, 1 May 2009: Records relating to the May 2009: Records relating to the Deputy Information Commissioner Deputy Information Commissioner Interview Process, including the Interview Process, including the application and covering letter of the application and covering letter of the successful candidate and interview successful candidate and interview notes of each panelist for the notes of each panelist for the successful candidate. successful candidate.

21 – Commercially sensitive 21 – Commercially sensitive informationinformation

(a) (a) DisclosureDisclosure would reveal would reveal (i) Trade secrets(i) Trade secrets (ii) Information of a commercial value, which (ii) Information of a commercial value, which

would be destroyed or diminished if disclosedwould be destroyed or diminished if disclosed

(b) (b) DisclosureDisclosure would prejudice any would prejudice any other commercial interests of any other commercial interests of any person or organisationperson or organisation

(Does not apply where the applicant for access is(Does not apply where the applicant for access is

the person or organisation referred to in the record)the person or organisation referred to in the record)

s. 21(1)(a) used in Caymans. 21(1)(a) used in Cayman

Radio Cayman, 23 January 2009: All Radio Cayman, 23 January 2009: All current advertisers/clients.current advertisers/clients.

Tourism Department, 6 October Tourism Department, 6 October 2009: How much Alicia Keys will be 2009: How much Alicia Keys will be paid for Jazz Fest.paid for Jazz Fest.

Portfolio of the Civil Service, 10 April Portfolio of the Civil Service, 10 April 2009: Job descriptions for all 2009: Job descriptions for all positions in the civil service.positions in the civil service.

s. 21(1)(b) used in Caymans. 21(1)(b) used in Cayman

Health Services Authority, 27 May Health Services Authority, 27 May 2009: Minutes of Senior Management 2009: Minutes of Senior Management meetings (companies with interests meetings (companies with interests in the HSA)in the HSA)

Water Authority, 9 April 2009: Water Authority, 9 April 2009: Correspondence between the WA Correspondence between the WA and customers that have successfully and customers that have successfully had their water bill amended or had their water bill amended or averaged after disputing a bill.averaged after disputing a bill.

22 – Conservation22 – Conservation

Disclosure would result in Disclosure would result in destruction of, damage to, or destruction of, damage to, or interference with the conservation ofinterference with the conservation of (a) historical, archaeological or (a) historical, archaeological or

anthropological resourcesanthropological resources (b) anything on the Heritage Register(b) anything on the Heritage Register (c) endangered, threatened or otherwise (c) endangered, threatened or otherwise

vulnerable species of plant or animal lifevulnerable species of plant or animal life (d) another rare or endangered living (d) another rare or endangered living

resourceresource

23 – Personal information23 – Personal information

DisclosureDisclosure would constitute an would constitute an unreasonable disclosure of personal unreasonable disclosure of personal information of any person, whether information of any person, whether living or dead. living or dead.

(This exemption does not (This exemption does not apply when the application is apply when the application is made by the person to whose made by the person to whose

affairs the record relates)affairs the record relates)

s. 23(1) used in Caymans. 23(1) used in Cayman

Cayman Airways, 27 January 2009: Cayman Airways, 27 January 2009: The names of every person who has The names of every person who has gotten a free flight on the airline.gotten a free flight on the airline.

Environmental Health Department, Environmental Health Department, 12 August 2009: Personnel file for a 12 August 2009: Personnel file for a previous employee, including previous employee, including medical absences and health medical absences and health insurance.insurance.

s. 23(1) used in Caymans. 23(1) used in Cayman

Environment Department, 16 January Environment Department, 16 January 2009: Registration sheets from a public 2009: Registration sheets from a public meeting about the EIA and port meeting about the EIA and port development.development.

GIS, 27 April 2009: Exact GIS, 27 April 2009: Exact salaries of all employees.salaries of all employees.

HSA, 1 June 2009: The address and HSA, 1 June 2009: The address and telephone number for a man being sought telephone number for a man being sought for child support payments.for child support payments.

s. 23(1) used in Caymans. 23(1) used in Cayman

Planning Department, 26 March Planning Department, 26 March 2009: The name of someone who 2009: The name of someone who had previously made a request for a had previously made a request for a particular certificate of occupancy.particular certificate of occupancy.

RCIPS, 13 January 2009: An RCIPS, 13 January 2009: An individual’s criminal record.individual’s criminal record.

24 – Endanger health or safety24 – Endanger health or safety

DisclosureDisclosure would would (a) endanger the (a) endanger the

physical or mental physical or mental health of any health of any individualindividual

(b) endanger the (b) endanger the safety of any safety of any individualindividual

s. 24(a) used in Caymans. 24(a) used in Cayman

Legal Affairs Portfolio, 20 August Legal Affairs Portfolio, 20 August 2009: Cost to date, regularity of risk 2009: Cost to date, regularity of risk assessments and expected end date assessments and expected end date of the AG’s security detail.of the AG’s security detail.

s. 24(b) used in Caymans. 24(b) used in Cayman

CIMA, 24 March 2009: Job CIMA, 24 March 2009: Job descriptions for various positions in descriptions for various positions in the Currency Department.the Currency Department.

Redacting Exempt MaterialRedacting Exempt Material

Parts of a requestedParts of a requesteddocument which document which contain exempt contain exempt material can be material can be

deleted and the rest of deleted and the rest of the document the document released to the released to the

applicant, but the applicant, but the applicant must be applicant must be informed of where informed of where

information has been information has been redacted and whyredacted and why

Public Interest TestPublic Interest Test If a record is exempt but, on balance, If a record is exempt but, on balance,

the factors favoring disclosure the factors favoring disclosure outweigh or are equal to those outweigh or are equal to those favouring non-disclosure, it may be favouring non-disclosure, it may be released if it is in the public interest. released if it is in the public interest.

Public Interest Test ctd.Public Interest Test ctd. The IM should explain the adverse The IM should explain the adverse

consequences of release and how they consequences of release and how they outweigh potential benefits of release, outweigh potential benefits of release, and may need to provide evidence.and may need to provide evidence.

Defining Public InterestDefining Public Interest ““Public interest” means, but is not limited Public interest” means, but is not limited

to things that may or tend toto things that may or tend to promote greater public understanding of the processes or promote greater public understanding of the processes or

decisions of public authorities;decisions of public authorities; provide reasons for decisions taken by Government;provide reasons for decisions taken by Government; promote the accountability of and within Government;promote the accountability of and within Government; promote accountability for public expenditure or the more promote accountability for public expenditure or the more

effective use of public funds;effective use of public funds; facilitate public participation in decision making;facilitate public participation in decision making; improve the quality of services provided and the improve the quality of services provided and the

responsiveness of government to the needs of the public responsiveness of government to the needs of the public deter or reveal wrongdoing or maladministration;deter or reveal wrongdoing or maladministration; reveal information relating to the health and safety of the reveal information relating to the health and safety of the

public, or the quality of environment or heritage sites, or public, or the quality of environment or heritage sites, or measures to protect any of those matters; ormeasures to protect any of those matters; or

reveal untrue, incomplete or misleading information or acts of reveal untrue, incomplete or misleading information or acts of a public authority.a public authority.

Public Interest Test?Public Interest Test?NONO Public Interest Test Public Interest Test 15 – security, defence, 15 – security, defence,

international relationsinternational relations 16 – law enforcement16 – law enforcement 17 – legal professional 17 – legal professional

privilegeprivilege 19(1)(b) – documents 19(1)(b) – documents

of Cabinet meetingsof Cabinet meetings 20(1)(a) – collective 20(1)(a) – collective

responsibility of responsibility of MinistersMinisters

YESYES Public Interest Test Public Interest Test 18 – Caymanian 18 – Caymanian

economyeconomy 19(1)(a) – documents 19(1)(a) – documents

prepared for Cabinetprepared for Cabinet 20(1)(b) – free & frank20(1)(b) – free & frank 20(1)(c) – AG legal 20(1)(c) – AG legal

advice advice 20(1)(d) – effective 20(1)(d) – effective

conduct of public affairsconduct of public affairs 21 – commercially 21 – commercially

sensitive informationsensitive information 22 - conservation22 - conservation 23 – personal 23 – personal

informationinformation 24 – endanger 24 – endanger

health/safetyhealth/safety

What is the Public Interest?What is the Public Interest?

““Public interest” means that there is Public interest” means that there is a a benefit benefit to the public in to the public in certain certain informationinformation being made available. being made available.

It does not It does not mean “mean “of of interestinterest to to the public” the public” but “but “in the in the interest interest of of the public.”the public.”

If Applicants are Unhappy, If Applicants are Unhappy, Can They Appeal?Can They Appeal?

An unhappy applicant can first request an An unhappy applicant can first request an internal review of the IM’s original decision by internal review of the IM’s original decision by the Chief Officer or Minister.the Chief Officer or Minister.

After internal review, if the applicant is still not After internal review, if the applicant is still not satisfied with the decision he or she can appeal satisfied with the decision he or she can appeal to the independent Information Commissioner.to the independent Information Commissioner.

Third parties can also appeal to the Information Third parties can also appeal to the Information Commissioner if an IM is considering releasing Commissioner if an IM is considering releasing their personal information to someone else.their personal information to someone else.

Judicial ReviewJudicial Review Final appeals from applicants, third Final appeals from applicants, third

parties or public authorities may be parties or public authorities may be taken to the Grand Court.taken to the Grand Court.

The Information The Information CommissionerCommissioner

Powers:Powers: Hear, investigate and rule on appeals;Hear, investigate and rule on appeals; Monitor and report on compliance by public Monitor and report on compliance by public

authorities;authorities; Recommend reform, either general or Recommend reform, either general or

specific;specific; Refer possible criminal offences to the Refer possible criminal offences to the

appropriate authorities;appropriate authorities; Publicise the requirements of the FOI Law Publicise the requirements of the FOI Law

and the rights of individuals under it.and the rights of individuals under it.

How do We Handle How do We Handle an FOI Request?an FOI Request?

How do We Handle an FOI How do We Handle an FOI Request? ctd.Request? ctd.

BE HELPFUL!!BE HELPFUL!!

How do We Handle an FOI How do We Handle an FOI Request? ctd.Request? ctd.

Direct interested persons or FOI requests Direct interested persons or FOI requests to your Information Manager as soon as to your Information Manager as soon as possible (by law, within 2 calendar days possible (by law, within 2 calendar days after receiving a formal request).after receiving a formal request).

The Information Manager will be The Information Manager will be responsible for making the decision to responsible for making the decision to grant or refuse the request based on grant or refuse the request based on exemptions in the law, or to extend the exemptions in the law, or to extend the time for response for another 30 days.time for response for another 30 days.

Responsibilities in Creating and Responsibilities in Creating and Handling FilesHandling Files

Public authorities have to manage Public authorities have to manage their records effectively in order to:their records effectively in order to:– – Find the information that has Find the information that has

been requested under FOI;been requested under FOI;– – Ensure that information is not kept Ensure that information is not kept

for longer than necessary;for longer than necessary;- Know what is already published or - Know what is already published or

has already been disclosed.has already been disclosed.

A A Records Management Code Records Management Code has has beenbeen prepared by the National prepared by the National Archives and issued by the Chief Archives and issued by the Chief Secretary which all public authorities Secretary which all public authorities are expected to adhere to (s. 52).are expected to adhere to (s. 52).

WhistleblowersWhistleblowers

Protection for Civil Protection for Civil ServantsServants

Protection of whistleblowersProtection of whistleblowers (s. 50) (s. 50) Against any possible legal, administrative or Against any possible legal, administrative or

employment related sanctions if public employment related sanctions if public officials release information on wrong officials release information on wrong doing, or information that discloses a doing, or information that discloses a serious threat to health safety or the serious threat to health safety or the environment, as long as done in good faith.environment, as long as done in good faith.

Protection from liabilityProtection from liability With regard to defamation, breach of With regard to defamation, breach of confidence and breach of intellectual confidence and breach of intellectual property rights by the grant of access to property rights by the grant of access to records under the FOI Law.records under the FOI Law.

TheThe intentional intentional concealment, alteration concealment, alteration or destruction of or destruction of information in information in order to prevent its order to prevent its release (once it has release (once it has been requested under FOI) is a been requested under FOI) is a criminal offence criminal offence for which the for which the individual staff member can be liable.individual staff member can be liable.

OffencesOffences

Offences ctd.Offences ctd.

On summary On summary conviction, an conviction, an offender is liable offender is liable to a fine of to a fine of $100,000 and/or $100,000 and/or six months six months imprisonment.imprisonment.

Role of the FOI UnitRole of the FOI Unit To support YOUTo support YOU Provide leadership & assistance during implementationProvide leadership & assistance during implementation Co-ordinate implementation and promote best practiceCo-ordinate implementation and promote best practice

Training FOI practitioners, Managers and civil Training FOI practitioners, Managers and civil servantsservants

Advice on procedural issuesAdvice on procedural issues Monitoring and reportingMonitoring and reporting Statutory, regulatory and policy revisionStatutory, regulatory and policy revision

Natasha Bodden, FOI Coordinator (A)Natasha Bodden, FOI Coordinator (A) Aubrey Bodden, Policy Analyst (A) Aubrey Bodden, Policy Analyst (A)Freedom of Information UnitFreedom of Information Unit Freedom of Information Unit Freedom of Information Unit Elizabethan Square, Building DElizabethan Square, Building D Elizabethan Square, Building D Elizabethan Square, Building DTel:244-3607 or 925-4621Tel:244-3607 or 925-4621 Tel: 244-3614 or 926-0922 Tel: 244-3614 or 926-0922E-mail: E-mail: natasha.bodden@gov.ky E-mail: E-mail: aubrey.bodden@gov.ky

Website: Website: www.foi.gov.kyTel: 244-2609Tel: 244-2609Fax 947-5712Fax 947-5712