Cayman Island Civil Service College

Course: Elements of Public Office

Lecturer: Robert Weishan

Students: Fernando Soto, Bjorna Ebanks, Tristaca Ebanks& Sharona Williams

The Freedom of Information Law

What is the freedom of information Law?

The Freedom of information Law gives us new legal rights that entitle us to see information from Government agencies in the Cayman Islands. This piece of legislation gives us the right to ask for and be given information from public authorities.

What is the purpose?

To enable ordinary citizens to view or obtain information that is withheld by public authorities, thus promoting a sense of openness and accountability. As citizen, this gives us the opportunity to see what our Government is doing. It gives us the ability to view information that is connected to the making of new roads, schools, development or any important decision made that may affect the public in general. It also gives us the opportunity to see what our elected leaders are doing; this can be beneficial when making our choice for future Government candidates.

Mandates of the Law

Under the Cayman’s FOI Law members of the public have the right to get information from any of the following Cayman Islands public authorities:

➢ All ministers, portfolios, departments, and statutory authorities

➢ The Legislative Assembly

➢ The Governor’s Office

➢ Government companies which the government holds more than 50% shares

➢ Educational institutions such as universities and schools owned and run by Government

➢ The Royal Cayman Islands Police Service.

Members of the public can ask for any information recorded by a public authority regardless of the age of the information. This includes:

➢ Paper

➢ Computer files including e-mails

➢ Audio tapes

➢ Video tapes

➢ Maps, plans

➢ Graphs

➢ Drawings and photographs.

Information may only be withheld by public authorities if an exemption in the FOI Law applies to the information requested.

The applicants have the right to make an appeal to the Information Commissioner, who guards your right to know.

Duties

All Public Authorities are to deal with request for information and as such, a Freedom of Information manager has been appointed by each entity, who will be responsible to manage public requests.

Who is responsible for making the Law?

This law was enacted by the Legislative Assembly of the Cayman Islands with the royal assent from the H.E. The governor who represents her majesty the Queen.

Who is responsible to deal with requests?

Each department has its own designated person (Information Manager) who deals with requests.

What happens when a person makes a request?

The public authority will confirm in writing that they have received the application. This must happen within 10 calendar days of submitting the request. However, if the request made requires a lot of research or if there is another good reason to do so, the public authorities can extend the waiting period by another 30 calendar days. If this is the case, the information manager will send a letter to the applicant explaining the reason for the extension.

What happens if the applicant doesn’t get an answer within 30 calendar days or if he/she is not happy with the answer they get?

They can ask for an internal review. Or if he/she still unhappy with the outcome, he/she can make an appeal to the Information Commissioner.

What happens if the request made is withheld by another public authority or if the subject matter of the request is more closely connected to another agency’s function?

The information manager who originally received the request must transfer it within 14 calendar days to the appropriate public authority; this authority will then inform the applicant of the transfer and give he/she details of the receiving public authority and its information manager.

What is the Cost?

If the person is granted access to the record and if he/she wishes for copies, the public authority will give them an estimate of cost in order to obtain copies of the information (this is cost for material not for service) The applicant will only be charged for copies of documents in a different format than the one presented to them. If the applicant feels the cost is too high, or if he/she has a difficult to pay for the fees, he/she may request a waiver of those fees from the Chief Officer or Principal Officer of the public authority.

Appeal process

The applicant has 30 calendar days after receiving an incomplete answer, refusal or getting no response to make a formal request for an internal review. This request must be made in writing and it should be addressed to the head of the public authority, that person will then look at your request again to review the decision made by the information manager.

If the applicant is not satisfied with the internal review process or if the head of the public authority in question was involved in making the original decision that the applicant is appealing and thus he/she cannot review it the applicant has 30 calendar days to make an appeal to the Information Commissioner. This can be extended by the Commissioner for reasonable causes.

The Commissioner, pursuant to this Law, may:

➢ Reject the appeal

➢ Require the public authority to take such steps as may be necessary to bring it into compliance with its obligations under the law.

➢ In cases of egregious or willful failures comply with an obligation under this law, refer the matter to the appropriate disciplinary authority.

➢ The commissioner shall serve notice of his decision, including any rights of appeals, on both complainant and the public or private body.

➢ The commissioner is in charge to make sure this Law is observed and has the authority to make recommendations of further changes to practices.

Exemptions

The exemption rule applies when the disclosure of a document might:

• Prejudice security, defense or international relations;

• Violate confidentiality of information given by a foreign government or

international organization;

• Disclose a confidential source or reveal procedures of law enforcement

agencies that can prejudice the effectiveness of these procedures;

• Facilitate the escape of a person from detention or jeopardize prison security;

• Jeopardize legal professional privilege, cause a breach of confidence, amount

to a contempt of court or infringe parliamentary privilege;

• Have a substantial adverse effect on the Caymanian economy or the

Government’s ability to manage the economy;

• Reveal ‘trade secrets’ or compromise a person’s/company’s commercial

value or the value of the information;

• Prejudice the collective responsibility of Ministers, prejudice the effective

conduct of public affairs and inhibit the free exchange of views of civil

servants for the purpose of deliberation or legal advice given by or on behalf

of the Attorney General; or

• Destroy, damage or interfere with the conservation of historical and/or

archaeological resources, including any species of plant, animal rare or

endangered.

The FOI Law also exempts:

• unreasonable disclosure of personal information

• disclosure that would endanger someone’s physical or mental health or

safety

• opinions, advice or recommendations prepared for Cabinet and a record of

consultations or deliberations of Cabinet.

Amendment of Records

When an applicant seeking or having been granted access to a record but claims the record relating to his application contains personal information about himself and such information according to him is: Incomplete, incorrect, out of date or misleading and this information has been used, is being used or is available for use by a public authority for administrative purposes, the person may apply to the public authority for an amendment or an annotation of the record.

A request like this has to me made in writing and shall specify as far as practicable, the record claimed to be the record requiring amendment or annotation.

What happens in the public authority contravenes the Law?

The commissioner has the powers to enquire and investigate as to why the authority is not complying with the law and once it has concluded with the investigation can instruct the authority to release the information withheld.

If the authority refuses to do so, they have 45 days to make an appeal to the Grand Court by way of judicial review. If the court issues an order for a particular information authority instructing then to release the said information and they fail to do so, the court may consider such failure under the rules relating to contempt of court.

Training

Every public authority shall ensure that training is provided for its officials regarding the right to information and the effective implementation of this law.