Introduction to the FOI Law for Civil Servants

Objectives of Course 1. Facilitate understanding the importance of FOI for transparency & accountability and the implications of keeping information unnecessarily secret. 2. Describe the history and main features of the Freedom of Information Law, 2007 and its impact on public authorities. 3. Explain how an Information Manager (“IM”) makes decisions on requests.

Objectives of Course ctd. 4. Ensure that all public authority staff members know how to respond when they receive a query from the public. 5. Familiarise public officials with the procedures for receiving an FOI request and how to assist an applicant. 6. Provide a brief overview of the additional requirements of the FOI Law, including records management and publication schemes, and how to help your IM.

What is Freedom of Information? Freedom of Information speaks to the right of the public to see government information from a Cayman Islands public authority.

Why have FOI? DVD Excerpt DVD Excerpt Laura Neuman – Consultant to the Cayman Islands Government, presenting at the Cayman Islands Civil Service Association (CISCA) Laura Neuman – Consultant to the Cayman Islands Government, presenting at the Cayman Islands Civil Service Association (CISCA)

“Knowledge is power. Information is liberating.” - Kofi Annan, Past Secretary-General of the United Nations

The Expectations of FOI “[FOI] would… signal a culture change that would make a dramatic difference to the way that Britain is governed… [Its] introduction will signal a new relationship between government and people: a relationship which sees the public as legitimate stakeholders in the running of the country and sees election to serve the public as being given on trust.” -Tony Blair, from his speech at a Campaign for Freedom of Information awards ceremony in 1996, before the UK FOI Act had been developed

Benefits of Openness Increases public knowledge of the activities and structure of government and encourages participation in national decision-making. Increases public knowledge of the activities and structure of government and encourages participation in national decision-making. Greater public understanding of how government functions and consistent access to government records reduces impropriety and corruption. Greater public understanding of how government functions and consistent access to government records reduces impropriety and corruption. Records management practices improve. Records management practices improve.

Consistently and proactively releasing information builds trust, demonstrates commitment to transparency and shows that both government and politicians understand that they are accountable to the public that they serve. Consistently and proactively releasing information builds trust, demonstrates commitment to transparency and shows that both government and politicians understand that they are accountable to the public that they serve. Improves the relationship between state and citizen. Improves the relationship between state and citizen. Benefits of Openness ctd.

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

Background to FOI in the Cayman Islands The Cayman Islands Freedom of Information Bill was tabled in the Legislative Assembly on 4 th November The Cayman Islands Freedom of Information Bill was tabled in the Legislative Assembly on 4 th November The FOI Law was passed in the LA on 31 st August 2007 and assented to by the Governor on 19 th October The FOI Law was passed in the LA on 31 st August 2007 and assented to by the Governor on 19 th October The Freedom of Information (General) Regulations were gazetted on 23 rd December 2008 to ensure consistent implementation of the provisions of the FOI Law. The Freedom of Information (General) Regulations were gazetted on 23 rd December 2008 to ensure consistent implementation of the provisions of the FOI Law. The FOI Law was brought into force on 5 th January The FOI Law was brought into force on 5 th January 2009.

Objects of the Cayman Islands 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 – Records. “Information held in any form.” WHAT – Records. “Information held in any form.” WHO – Cayman Islands public authorities WHO – Cayman Islands public authorities Ministries, portfolios, departments, statutory authorities, government companies, boards and committees Ministries, portfolios, departments, statutory authorities, government companies, boards and committees Possible extension: private companies and organisations that receive government appropriations and that provide a service important to welfare of Caymanian society Possible extension: private companies and organisations that receive government appropriations and that provide a service important to welfare of Caymanian society

Implications FOI assumes that information will be disclosed in response to a request for unless it falls under an exemption or exclusion within the FOI Law. FOI assumes that information will be disclosed in response to a request for unless it falls under an exemption or exclusion within the FOI Law. FOI further requires agencies to proactively publish information and make information more available to the general public. FOI further requires agencies to proactively publish information and make information more available to the general public.

Implications ctd. All staff who deal with the public must be aware of the requirements of FOI and know how to assist people in accessing information. All staff who deal with the public must be aware of the requirements of FOI and know how to assist people in accessing information. Public authorities have to be aware of and able to find information they hold, apply any relevant fees, and record details of each request and decisions that have been made. Public authorities have to be aware of and able to find information they hold, apply any relevant fees, and record details of each request and decisions that have been made.

What Changes has FOI brought to Cayman? Open government requires public authorities to make information available. Open government requires public authorities to make information available. Gazette (Publication Scheme) Gazette (Publication Scheme) Proactive publication of information Proactive publication of information Inspection in a reading room/on website Inspection in a reading room/on website Respond to requests for information Respond to requests for information Not all information will be made public. Information may be withheld if it falls under a specific exemption or exclusion. Not all information will be made public. Information may be withheld if it falls 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? A query seeking information about anything of any age. A query seeking information about anything of any age. An application to access any of the records held by a public authority. An application to access any of the records held by a public authority. A request for information that would not have been released before the FOI Law came into effect. A request for information that would not have been released before the FOI Law came into effect.

FOI Fundamentals A valid request must: A valid request must: Be in writing, including Be in writing, including Have a name and address (mail or ) Have a name and address (mail or ) It does not have to be a real name It does not have to be a real name Describe information/records requested Describe information/records requested Applicants are able to inspect, copy, or listen to official records held by public authorities Applicants are able to inspect, copy, or listen to official records held by public authorities You are able to ask for your own personal information that is held by government to be changed if you think it is incorrect You are able to ask for your own personal information that is held by government to be changed if you think it is incorrect

Anyone, of any age, from anywhere in the world, can make a request Anyone, of any age, from anywhere in the world, can make a request There is no need to state that it is a Freedom of Information request There is no need to state that it is a Freedom of Information request A person CANNOT be asked for the reason for their request A person CANNOT be asked for the reason for their request FOI Fundamentals ctd.

The FOI Law does not require the creation of a document, but it may require the collation of information The FOI Law does not require the creation of a document, but it may require the collation of information FOI Fundamentals ctd.

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

Information Managers Information Managers are appointed in each public authority to: Promote best practices Promote best practices Receive requests and make decisions on each application Receive requests and make decisions on each application Assist individuals seeking access Assist individuals seeking access Receive complaints Receive complaints Ensure full compliance with the FOI Law Ensure full compliance with the FOI Law

Mandated Timely Response A decision must be given on each request no later than 30 calendar days after receipt. Public authorities may extend this period once for another 30 calendar days only in instances of “reasonable” cause.

When a Decision May Take More than 30 Calendar Days If third parties are consulted If third parties are consulted 14 days for IM to contact third party 14 days for IM to contact third party 28 days for third party to respond 28 days for third party to respond 14 days for IM to make the decision 14 days for IM to make the decision If clarification is required by the IM If clarification is required by the IM Timeline freezes until response from applicant Timeline freezes until response from applicant If the scope of the request needs to be narrowed by the applicant If the scope of the request needs to be narrowed by the applicant Timeline freezes until response from applicant Timeline freezes until response from applicant

Delivering Records The IM has 14 days after making a decision, or after receiving any applicable fees, to deliver the records The IM has 14 days after making a decision, or after receiving any applicable fees, to deliver the records If the IM is granting access to third party personal information and the third party did not consent, the IM must wait 60 days after the decision is made before releasing the records If the IM is granting access to third party personal information and the third party did not consent, the IM must wait 60 days after the decision is made before releasing the records If an appeal is filed with the Information Commissioner, the IM must wait for the result If an appeal is filed with the Information Commissioner, the IM must wait for the result

Transfers If a request has to be transferred to another agency, this must be completed as soon as practicable but no more than 14 days after receipt. If a request has to be transferred to another agency, this must be completed as soon as practicable but no more than 14 days after receipt. The timeline starts over and the receiving public authority has 30 calendar days to respond. The timeline starts over and the receiving public authority has 30 calendar days to respond.

Activity 1 Separate into groups of 3 or 4 Separate into groups of 3 or 4 One person will act as the requestor One person will act as the requestor Another person will act as the receptionist or other staff member Another person will act as the receptionist or other staff member The remaining one or two people will act as observers and take (mental) notes The remaining one or two people will act as observers and take (mental) notes Further instructions and a blank FOI application form are available in your information packet Further instructions and a blank FOI application form are available in your information packet

ACCEPT APPLICATION SCOPE REQUEST 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 Law The Law wholly does not apply to: Records that may not be disclosed under s. 50 of the Monetary Authority Law; Records that may not be disclosed under s. 50 of the Monetary Authority Law; Records relating to directors, officers and shareholders of companies exempted under the Company Law; Records relating to directors, officers and shareholders of companies exempted under the Company Law; Judicial functions of a court or holder of a judicial office (however, administrative records fall within the law); Judicial functions of a court or holder of a judicial office (however, administrative records fall within the law);

Exclusions in the FOI Law ctd. Records relating to the strategic or intelligence gathering information of the police, special constabulary and customs; Records relating to the strategic or intelligence gathering information of the police, special constabulary and customs; Records that are the property of the UK Government; Records that are the property of the UK Government; Private holdings of the Cayman Islands National Archive where there is a contract or other arrangement that restricts access under the FOI Law. Private holdings of the Cayman Islands National Archive where there is a contract or other arrangement that restricts access under the FOI Law.

On what Grounds can a Request be Refused ? A public authority does not have comply with an application at all if: A public authority does not have comply with an application at all if: The request is vexatious; The request is vexatious; The public authority has already complied with a substantially similar request from the same person; The public authority has already complied with a substantially similar request from the same person; Full compliance with the request would unreasonable divert its resources; or Full compliance with the request would unreasonable divert its resources; or The information is already available in the public domain, even if it can only be accessed through a fee or in a specified format. The information is already available in the public domain, even if it can only be accessed through a fee or in a specified format.

The Decision  Public authorities may: (1) Grant full access (2) Grant partial access (3) Extend the time for response (4) Refuse access to exempt records (5) Refuse to comply with the request (6) Defer access to a record (7) Tell the applicant how to access the record outside of FOI procedures (8) Inform the applicant no records exist

Decision ctd. The IM may also transfer the request to another public authority that holds relevant records, who will then make a decision on the application The IM may also transfer the request to another public authority that holds relevant records, who will then make a decision on the application The IM must give a reason for their decision and inform the applicant of the right of internal review or appeal to the Information Commissioner The IM must give a reason for their decision and inform the applicant of the right of internal review or appeal to the Information Commissioner

Exemptions Exemptions are specifically listed in the FOI Law Exemptions are specifically listed in the FOI Law When a document or part of a document is exempt, it will not be released to the public When a document or part of a document is exempt, it will not be released to the public Exemptions apply when the disclosure of the document will prejudice or harm a substantial public interest Exemptions apply when the disclosure of the document will prejudice or harm a substantial public interest

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

Exemptions ctd. The exempt status of a document may change with passage of time or with a change of circumstances The exempt status of a document may change with passage of time or with a change of circumstances The majority of the exemptions can only apply for a maximum of 20 years The majority of the exemptions can only apply for a maximum of 20 years The exemption for conservation is 75 years The exemption for conservation is 75 years Personal information is exempt forever Personal information is exempt forever

EXEMPTIONS FROM THE FOI LAW

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

s. 15(a) used in Cayman Cabinet Office, 19 January 2009: An unedited digital copy of all of the recordings of negotiations between the UK delegation and the members of the Cayman Islands delegation, seeking agreement between the Cayman Islands and the UK on ways to revise the Cayman Islands Constitution Order Cabinet Office, 19 January 2009: An unedited digital copy of all of the recordings of negotiations between the UK delegation and the members of the Cayman Islands delegation, seeking agreement between the Cayman Islands and the UK on ways to revise the Cayman Islands Constitution Order 1972.

16 – law enforcement disclosure would, or could reasonably be expected to disclosure would, or could reasonably 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 investigation or prosecution, or a trail or adjudication (b) affect the conduct of an investigation or prosecution, or a trail or adjudication (c) enable a person to find out a confidential source of information (c) enable a person to find out a confidential source of information

16 – law enforcement ctd. (d) reveal lawful methods or procedures for preventing, detecting, investigating or dealing with crime (and prejudice the effectiveness of those methods or procedures) (d) reveal lawful methods or procedures for preventing, detecting, investigating or dealing with crime (and prejudice the effectiveness of those methods or procedures) (e) facilitate someone’s escape from lawful detention (e) facilitate someone’s escape from lawful detention (f) jeopardise the security of a prison (f) jeopardise the security of a prison

s. 16(a) used in Cayman CIMA, 24 March 2009: Various job descriptions for positions in the currency division of CIMA. CIMA, 24 March 2009: Various job descriptions for positions in the currency division of CIMA. RCIPS, 24 August 2009: The total amount of money paid to informants for drugs or guns in the past five years. RCIPS, 24 August 2009: The total amount of money paid to informants for drugs or guns in the past five years.

s. 16(b) used in Cayman Emergency Communications, 12 January 2009: Audio recording of a call made to 911. Emergency Communications, 12 January 2009: Audio recording of a call made to 911. UCCI, 18 September 2009: Actual expenditure, line by line, for the last two financial years. UCCI, 18 September 2009: Actual expenditure, line by line, for the last two financial years.

s. 16(c) used in Cayman RCIPS, 4 May 2009: A report filed by SIO Martin Bridger relating to the Operation Tempura investigation and arrest of Justice Henderson. RCIPS, 4 May 2009: A report filed by SIO Martin Bridger relating to the Operation Tempura investigation and arrest of Justice Henderson.

s. 16(d) used in Cayman Immigration, 4 September 2009: A copy of the standard English test administered by the Immigration Department to work permit holders from non-English speaking countries. Immigration, 4 September 2009: A copy of the standard English test administered by the Immigration Department to work permit holders from non-English speaking countries. Customs, 10 August 2009: TRS data for all K-9 officers. Customs, 10 August 2009: TRS data for all K-9 officers.

17 – legal professional privilege (a) The record is subject to legal professional privilege (a) The record is subject to legal professional privilege (b) Disclosure would (b) Disclosure would (i) constitute an actionable breach of confidence (i) constitute an actionable breach of confidence (ii) be in contempt of court (ii) be in contempt of court (iii) infringe the privileges of Parliament (iii) infringe the privileges of Parliament

s. 17(a) used in Cayman Governor’s Office, 27 March 2009: Correspondence, contracts, budget requests, budget estimates and any other document relating to the expected total cost of the Justice Levers Judicial Tribunal. Governor’s Office, 27 March 2009: Correspondence, contracts, budget requests, budget estimates and any other document relating to the expected total cost of the Justice Levers Judicial Tribunal.

s. 17(b)(i) used in Cayman Immigration, 15 May 2009: Specific Trade and Business licences, applications and refusals/approvals. Immigration, 15 May 2009: Specific Trade and Business licences, applications and refusals/approvals. Agriculture Department, 10 February 2009: The Alliance of Marine Mammal Parks and Aquarium Standards and Guidelines. Agriculture Department, 10 February 2009: The Alliance of Marine Mammal Parks and Aquarium Standards and Guidelines.

18 – adverse effect on the Caymanian economy Disclosure or premature disclosure would have a substantial adverse effect on the Caymanian economy or the government’s ability to manage the economy Disclosure or premature disclosure would have a substantial adverse effect on the Caymanian economy or the government’s ability to manage the economy Relating to duties, monetary policy, etc Relating to duties, monetary policy, etc Records protected by the Confidential Relationships (Preservation) Law Records protected by the Confidential Relationships (Preservation) Law

s. 18 used in Cayman CIMA, 23 February 2009: Information related to an experimental trial the Cayman Islands Currency Board conducted in 1996 with $10 notes, including the type of paper used and the outcome of the trial. CIMA, 23 February 2009: Information related to an experimental trial the Cayman Islands Currency Board conducted in 1996 with $10 notes, including the type of paper used and the outcome of the trial.

19 – Cabinet documents The record contains The record contains (a) opinions, advice or recommendations prepared for Cabinet (a) opinions, advice or recommendations prepared for Cabinet (b) a record of consultations or deliberations arising in the course of proceedings of Cabinet or a committee (b) a record of consultations or deliberations arising in the course of proceedings of Cabinet or a committee (Does not apply to records which contain material of a purely factual nature or reports, studies, tests or surveys of a scientific or technical nature)

s. 19(1)(a) used in Cayman Tourism, Environment, Investment & Commerce Ministry, 4 March 2009: The coastal works application and approval letter for the Orion Development Fujigmo project. Also, any documents that might have accompanied the approval, including but not limited to the Department of Environment’s response to the application. Tourism, Environment, Investment & Commerce Ministry, 4 March 2009: The coastal works application and approval letter for the Orion Development Fujigmo project. Also, any documents that might have accompanied the approval, including but not limited to the Department of Environment’s response to the application.

s. 19(1)(b) used in Cayman Governor’s Office, 27 March 2009: Correspondence, contracts, budget requests, budget estimates or any other document received from the Chief Justice or the Courts Office regarding the decision to hire Campbells Law Firm to represent Court Staff appearing before the Levers Tribunal, including any document giving the estimate of the cost of the retainer. Governor’s Office, 27 March 2009: Correspondence, contracts, budget requests, budget estimates or any other document received from the Chief Justice or the Courts Office regarding the decision to hire Campbells Law Firm to represent Court Staff appearing before the Levers Tribunal, including any document giving the estimate of the cost of the retainer.

20 – Deliberative process (a) Disclosure would prejudice collective responsibility of Ministers (a) Disclosure would prejudice collective responsibility of Ministers (b) Disclosure would inhibit free and frank exchange of views for deliberation (b) Disclosure would inhibit free and frank exchange of views for deliberation (c) The record is legal advice from the Attorney-General (c) The record is legal advice from the Attorney-General (d) Disclosure would prejudice the effective conduct of public affairs (d) Disclosure would prejudice the effective conduct of public affairs (Decision must be made by the Chief Officer or Minister, not by the Information Manager)

s. 20(1)(b) used in Cayman CINICO, 21 April 2009: Board minutes. CINICO, 21 April 2009: Board minutes. Legal Affairs Portfolio, 4 February 2009: Why Government decided not to accept an invitation from the Privy Council to fund more of the applicant’s cost of an appeal. Legal Affairs Portfolio, 4 February 2009: Why Government decided not to accept an invitation from the Privy Council to fund more of the applicant’s cost of an appeal.

s. 20(1)(c) used in Cayman RCIPS, 21 April 2009: Advice given by the Legal Department that the common law offence of misconduct in a public office is not an arrestable offence under the laws of the Cayman Islands, including but not limited to any document(s) setting out the reasons for such advice and any instructions given to the Legal Department by the RCIPS. RCIPS, 21 April 2009: Advice given by the Legal Department that the common law offence of misconduct in a public office is not an arrestable offence under the laws of the Cayman Islands, including but not limited to any document(s) setting out the reasons for such advice and any instructions given to the Legal Department by the RCIPS.

s. 20(1)(d) used in Cayman Information Commissioner’s Office, 1 May 2009: Records relating to the Deputy Information Commissioner Interview Process, including the application and covering letter of the successful candidate and interview notes of each panelist for the successful candidate. Information Commissioner’s Office, 1 May 2009: Records relating to the Deputy Information Commissioner Interview Process, including the application and covering letter of the successful candidate and interview notes of each panelist for the successful candidate.

21 – Commercially sensitive information (a) Disclosure would reveal (a) Disclosure would reveal (i) Trade secrets (i) Trade secrets (ii) Information of a commercial value, which would be destroyed or diminished if disclosed (ii) Information of a commercial value, which would be destroyed or diminished if disclosed (b) Disclosure would prejudice any other commercial interests of any person or organisation (b) Disclosure would prejudice any other commercial interests of any person or organisation (Does not apply where the applicant for access is the person or organisation referred to in the record)

s. 21(1)(a) used in Cayman Radio Cayman, 23 January 2009: All current advertisers/clients. Radio Cayman, 23 January 2009: All current advertisers/clients. Tourism Department, 6 October 2009: How much Alicia Keys will be paid for Jazz Fest. Tourism Department, 6 October 2009: How much Alicia Keys will be paid for Jazz Fest. Portfolio of the Civil Service, 10 April 2009: Job descriptions for all positions in the civil service. Portfolio of the Civil Service, 10 April 2009: Job descriptions for all positions in the civil service.

s. 21(1)(b) used in Cayman Health Services Authority, 27 May 2009: Minutes of Senior Management meetings (companies with interests in the HSA) Health Services Authority, 27 May 2009: Minutes of Senior Management meetings (companies with interests in the HSA) Water Authority, 9 April 2009: Correspondence between the WA and customers that have successfully had their water bill amended or averaged after disputing a bill. Water Authority, 9 April 2009: Correspondence between the WA and customers that have successfully had their water bill amended or averaged after disputing a bill.

22 – Conservation Disclosure would result in destruction of, damage to, or interference with the conservation of Disclosure would result in destruction of, damage to, or interference with the conservation of (a) historical, archaeological or anthropological resources (a) historical, archaeological or anthropological resources (b) anything on the Heritage Register (b) anything on the Heritage Register (c) endangered, threatened or otherwise vulnerable species of plant or animal life (c) endangered, threatened or otherwise vulnerable species of plant or animal life (d) another rare or endangered living resource (d) another rare or endangered living resource

23 – Personal information Disclosure would constitute an unreasonable disclosure of personal information of any person, whether living or dead. Disclosure would constitute an unreasonable disclosure of personal information of any person, whether living or dead. (This exemption does not apply when the application is made by the person to whose affairs the record relates)

s. 23(1) used in Cayman Cayman Airways, 27 January 2009: The names of every person who has gotten a free flight on the airline. Cayman Airways, 27 January 2009: The names of every person who has gotten a free flight on the airline. Environmental Health Department, 12 August 2009: Personnel file for a previous employee, including medical absences and health insurance. Environmental Health Department, 12 August 2009: Personnel file for a previous employee, including medical absences and health insurance.

s. 23(1) used in Cayman Environment Department, 16 January 2009: Registration sheets from a public meeting about the EIA and port development. Environment Department, 16 January 2009: Registration sheets from a public meeting about the EIA and port development. GIS, 27 April 2009: Exact salaries of all employees. GIS, 27 April 2009: Exact salaries of all employees. HSA, 1 June 2009: The address and telephone number for a man being sought for child support payments. HSA, 1 June 2009: The address and telephone number for a man being sought for child support payments.

s. 23(1) used in Cayman Planning Department, 26 March 2009: The name of someone who had previously made a request for a particular certificate of occupancy. Planning Department, 26 March 2009: The name of someone who had previously made a request for a particular certificate of occupancy. RCIPS, 13 January 2009: An individual’s criminal record. RCIPS, 13 January 2009: An individual’s criminal record.

24 – Endanger health or safety Disclosure would Disclosure would (a) endanger the physical or mental health of any individual (a) endanger the physical or mental health of any individual (b) endanger the safety of any individual (b) endanger the safety of any individual

s. 24(a) used in Cayman Legal Affairs Portfolio, 20 August 2009: Cost to date, regularity of risk assessments and expected end date of the AG’s security detail. Legal Affairs Portfolio, 20 August 2009: Cost to date, regularity of risk assessments and expected end date of the AG’s security detail. s. 24(b) used in Cayman CIMA, 24 March 2009: Job descriptions for various positions in the Currency Department. CIMA, 24 March 2009: Job descriptions for various positions in the Currency Department.

Redacting Exempt Material Parts of a requested document which contain exempt material can be deleted and the rest of the document released to the applicant, but the applicant must be informed of where information has been redacted and why

Public Interest Test If a record is exempt but, on balance, the factors favoring disclosure outweigh or are equal to those favouring non-disclosure, it may be released if it is in the public interest. If a record is exempt but, on balance, the factors favoring disclosure outweigh or are equal to those favouring non-disclosure, it may be released if it is in the public interest.

Public Interest Test ctd. The IM should explain the adverse consequences of release and how they outweigh potential benefits of release, and may need to provide evidence. The IM should explain the adverse consequences of release and how they outweigh potential benefits of release, and may need to provide evidence.

Defining Public Interest “Public interest” means, but is not limited to things that may or tend to “Public interest” means, but is not limited to things that may or tend to promote greater public understanding of the processes or decisions of public authorities; promote greater public understanding of the processes or 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 effective use of public funds; promote accountability for public expenditure or the more 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 responsiveness of government to the needs of the public improve the quality of services provided and the 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 public, or the quality of environment or heritage sites, or measures to protect any of those matters; or reveal information relating to the health and safety of the public, or the quality of environment or heritage sites, or measures to protect any of those matters; or reveal untrue, incomplete or misleading information or acts of a public authority. reveal untrue, incomplete or misleading information or acts of a public authority.

Public Interest Test? NO Public Interest Test 15 – security, defence, international relations 15 – security, defence, international relations 16 – law enforcement 16 – law enforcement 17 – legal professional privilege 17 – legal professional privilege 19(1)(b) – documents of Cabinet meetings 19(1)(b) – documents of Cabinet meetings 20(1)(a) – collective responsibility of Ministers 20(1)(a) – collective responsibility of Ministers YES Public Interest Test 18 – Caymanian economy 18 – Caymanian economy 19(1)(a) – documents prepared for Cabinet 19(1)(a) – documents prepared for Cabinet 20(1)(b) – free & frank 20(1)(b) – free & frank 20(1)(c) – AG legal advice 20(1)(c) – AG legal advice 20(1)(d) – effective conduct of public affairs 20(1)(d) – effective conduct of public affairs 21 – commercially sensitive information 21 – commercially sensitive information 22 - conservation 22 - conservation 23 – personal information 23 – personal information 24 – endanger health/safety 24 – endanger health/safety

What is the Public Interest? “Public interest” means that there is a benefit to the public in certain information being made available. “Public interest” means that there is a benefit to the public in certain information being made available. It does not mean “of interest to the public” but “in the interest of the public.” It does not mean “of interest to the public” but “in the interest of the public.”

If Applicants are Unhappy, Can They Appeal? An unhappy applicant can first request an internal review of the IM’s original decision by the Chief Officer or Minister. An unhappy applicant can first request an internal review of the IM’s original decision by the Chief Officer or Minister. After internal review, if the applicant is still not satisfied with the decision he or she can appeal to the independent Information Commissioner. After internal review, if the applicant is still not satisfied with the decision he or she can appeal to the independent Information Commissioner. Third parties can also appeal to the Information Commissioner if an IM is considering releasing their personal information to someone else. Third parties can also appeal to the Information Commissioner if an IM is considering releasing their personal information to someone else.

Judicial Review Final appeals from applicants, third parties or public authorities may be taken to the Grand Court. Final appeals from applicants, third parties or public authorities may be taken to the Grand Court.

The Information Commissioner Powers: Hear, investigate and rule on appeals; Hear, investigate and rule on appeals; Monitor and report on compliance by public authorities; Monitor and report on compliance by public authorities; Recommend reform, either general or specific; Recommend reform, either general or specific; Refer possible criminal offences to the appropriate authorities; Refer possible criminal offences to the appropriate authorities; Publicise the requirements of the FOI Law and the rights of individuals under it. Publicise the requirements of the FOI Law and the rights of individuals under it.

How do We Handle an FOI Request?

How do We Handle an FOI Request? ctd. BE HELPFUL!!

How do We Handle an FOI Request? ctd. Direct interested persons or FOI requests to your Information Manager as soon as possible (by law, within 2 calendar days after receiving a formal request). Direct interested persons or FOI requests to your Information Manager as soon as possible (by law, within 2 calendar days after receiving a formal request). The Information Manager will be responsible for making the decision to grant or refuse the request based on exemptions in the law, or to extend the time for response for another 30 days. The Information Manager will be responsible for making the decision to grant or refuse the request based on exemptions in the law, or to extend the time for response for another 30 days.

Responsibilities in Creating and Handling Files Public authorities have to manage their records effectively in order to: Public authorities have to manage their records effectively in order to: – Find the information that has been requested under FOI; been requested under FOI; – Ensure that information is not kept for longer than necessary; for longer than necessary; - Know what is already published or has already been disclosed. has already been disclosed. A Records Management Code has been prepared by the National Archives and issued by the Chief Secretary which all public authorities are expected to adhere to (s. 52). A Records Management Code has been prepared by the National Archives and issued by the Chief Secretary which all public authorities are expected to adhere to (s. 52).

Whistleblowers

Protection for Civil Servants Protection of whistleblowers (s. 50) Protection of whistleblowers (s. 50) Against any possible legal, administrative or employment related sanctions if public officials release information on wrong doing, or information that discloses a serious threat to health safety or the environment, as long as done in good faith. Against any possible legal, administrative or employment related sanctions if public officials release information on wrong doing, or information that discloses a serious threat to health safety or the environment, as long as done in good faith. Protection from liability Protection from liability With regard to defamation, breach of confidence and breach of intellectual property rights by the grant of access to records under the FOI Law.

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

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

Role of the FOI Unit To support YOU To support YOU Provide leadership & assistance during implementation Provide leadership & assistance during implementation Co-ordinate implementation and promote best practice Co-ordinate implementation and promote best practice Training FOI practitioners, Managers and civil servants Training FOI practitioners, Managers and civil servants Advice on procedural issues Advice on procedural issues Monitoring and reporting Monitoring and reporting Statutory, regulatory and policy revision Statutory, regulatory and policy revision Natasha Bodden, FOI Coordinator (A) Aubrey Bodden, Policy Analyst (A) Freedom of Information Unit Freedom of Information Unit Elizabethan Square, Building D Elizabethan Square, Building D Tel: or Tel: or Website: Tel: Fax