Information Commissioner's Briefing and Annual Return Overview
The briefing on Monday, 7th December 2020, covers the 2020 ICO Annual Return, PATI Act requirements, Information Commissioner's mandate and approach, PATI Act details, and the purposes of the 2020 ICO Annual Return. The session includes discussions on public authorities' obligations, statistics submission, and enforcement actions if necessary.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
INFORMATION INFORMATION COMMISSIONER S BRIEFING COMMISSIONER S BRIEFING Monday, 7 December 2020 Virtual Briefing
AGENDA AGENDA 10:00 10:05 Welcome and Introductions 10:05 10:40 Overview of the 2020 ICO Annual Return PATI Act Requirements Purpose of ICO Annual Return What s New in 2020 Expectations 10:40 11:00 Q &A and Wrap-up
Information Commissioners Mandate Information Commissioner s Mandate Promote awareness of the rights Provide guidance and oversight Conduct reviews and issue legally binding decisions
Information Commissioners Approach Information Commissioner s Approach Independence, integrity, and fairness Progressive approach to oversight and enforcement Seek to add value to the PATI process for all stakeholders
PATI Act Requirements PATI Act Requirements Part 2 requires public authorities to: Publish an up-to-date Information Statement Maintain a PATI request log (no requesters identities) Have quarterly expenditures readily available Publish details of all contracts for goods or services with a total value of $50,000 or more
PATI Act Requirements PATI Act Requirements Section 58(3) requires public authorities to submit their PATI statistics for the number of: PATI requests received and disposition Requests to amend records of personal information and dispositions Times each exemption in Part 4 has been invoked Applications for internal reviews and disposition
2020 ICO Annual Return Purposes 2020 ICO Annual Return Purposes The Annual Return enables the Information Commissioner to systematically monitor public authorities compliance with these provisions. Also provides opportunity for guidance and, if necessary, enforcement action under s. 7(1)(b) or s. 8(1).
2020 ICO Annual Return Purposes 2020 ICO Annual Return Purposes Annual Return requires 3 categories of information: Annual PATI statistics (Tab A) Confirmation of complete Information Statement & annual review (Tab B) Confirmation of proactive publication requirements, including gazetting details of qualifying contracts (Tab C)
2020 ICO Annual Return Purposes 2020 ICO Annual Return Purposes Relevant dates: Reporting period covers from 1 January to 31 December 2020 Statutory deadline is Thursday, 31 December 2020, with grace period until Friday, January 8, 2021
Whats New in 2020 What s New in 2020 3 changes to the 2020 Annual Return forms: Tab A has additional fields to clarify the disposition of initial and internal reviews decisions separately Accounting Officer, Chief Financial Officer or Treasurer must provide confirmation and signature to report on gazetting of qualifying contracts (Tab C) If qualifying contracts have not been gazetted, a date must be provided when this will be completed (Tab C)
Whats New in 2020 What s New in 2020 Emphasis on gazetting qualifying contracts (s.6(6)). So what s a qualifying contract? A contract for goods or services Total value of $50,000 or more
Whats New in 2020 What s New in 2020 How is total value calculated? OPMP Code of Practice for Project Management and Procurement (July 2020), section 8 If contract is multi-year or has an evergreen clause, publish when total value is $50,000 When calculating value is in doubt, public authorities should document efforts to determine
Expectations Expectations Report on current status of compliance Report on requirements that are met Identify any outstanding items and propose reasonable timeframe for resolving them Seek guidance where needed Take advantage of opportunity to highlight an extra steps your public authority has made (Tab D)
Expectations Expectations Savings for exempt information Nothing in Part 2 requires publication of exempt information Section 11 enables a public authority to keep exempt information confidential State applicable exemption if section 11 is relied upon
Expectations Expectations Statutory boards and committees The PATI Act designates the chair of the board or committee as the statutory head of the authority A chair may delegate responsibilities in accordance with internal agreements or structures
Expectations Expectations Enforcement Information Commissioner takes a progressive approach to compliance and enforcement Will attempt to reach agreement with public authority on reasonable timeframes Information Commissioner has order making power under sections 7(2) and 8(2) for Part 2 requirements Failure to submit Annual Return will result in listing in Information Commissioner s Annual Report
Wrap Wrap- -up up Learn more about Information Commissioner s decisions: Decisions published on www.ico.bm Monthly Roundups highlight learning lessons ICO Guidances published on www.ico.bm General questions for ICO at 543-3700 or info@ico.bm
