Information Commissioner's Briefing Highlights and Recommendations

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The Information Commissioner's briefing held on June 18, 2021, focused on the mandate, background, methodology, and recommendations of the Information Commissioner. The event highlighted the importance of promoting awareness of rights, providing guidance and oversight, and conducting reviews. Key recommendations included the need for public consultation on changes to the PATI Act, simplifying the request process, excluding generic confidentiality provisions, and improving public sector records management. Overall, the briefing emphasized enhancing support for statutory bodies and committees.


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  1. INFORMATION INFORMATION COMMISSIONER S BRIEFING COMMISSIONER S BRIEFING Friday, June 18 2021 Virtual Briefing

  2. AGENDA AGENDA 10:00 10:05 Welcome and Introductions 10:05 10:15 Implementation Report background and methodologies 10:15 10:50 Recommendations and implications 10:45 11:00 Closing

  3. Information Commissioners Mandate Information Commissioner s Mandate Promote awareness of the rights Provide guidance and oversight Conduct reviews and issue legally binding decisions

  4. Background Background S. 57(1) requires Information Commissioner to review public authorities PATI practices and procedures for complying with the Act Report assesses on a practical level whether statutory rights are fully available

  5. Methodology Methodology ICO engaged two independent organisations to analyse, assess and provide data Information Commissioner s observations during 160 applications for review and monitoring practices of 200+ authorities

  6. Recommendations Recommendations 1. Public consultation should occur for changes to the PATI Act and Regulations affecting public rights 2. Simplify the PATI request process and enable anonymous requests

  7. Recommendations Recommendations 3. Exclude generic statutory confidentiality provisions as the basis for exempting records from public disclosure 4. Increased engagement of leadership from heads of public authorities

  8. Recommendations Recommendations 5. Improve public sector records management 6. Provide resources and framework specifically to support statutory boards, committees and other bodies

  9. Recommendations Recommendations 7. Review appointment of, and support provided to, Information Officers to increase efficiency and effectiveness

  10. 2. 2. Simplify the PATI request process Simplify the PATI request process and enable anonymous requests and enable anonymous requests Requester required to provide too much personal information, or to appear in person

  11. Practice Code recognises PATI requests can be emailed Consistent with aims of 2019 Government Reform Plan and its Future State Target Operating Model

  12. Identity should be irrelevant to right of access (except for personal information) Anonymous requests eases power imbalance between authorities and public Eases burden on authorities when receiving a request

  13. 5. 5. Improve public sector records Improve public sector records management management Publish Minister s records management practice code, s. 60(2) Recognise records as institutional asset Appropriate resource and support records management

  14. Consistent with aims of 2019 Government Reform Plan and its Future State Target Operating Model

  15. 6. 6. Provide resources and framework Provide resources and framework specifically to support statutory specifically to support statutory boards, committees and other boards, committees and other bodies bodies Paragraph 13 and 14, public authorities need a menu of specific resources to support their PATI compliance

  16. 7. 7. Review appointment of, and support Review appointment of, and support provided to, Information Officers to provided to, Information Officers to increase efficiency and effectiveness increase efficiency and effectiveness Support needed for frontline staffing and resources: Practice Code published PIPA/PATI Unit established

  17. What can we celebrate? What can we celebrate? Most requesters have received all or most of the information sought Information Officers and Heads of Authorities emerged as PATI champions

  18. What can we celebrate? What can we celebrate? ICO guidances and decisions and the Minister s Practice Code are resources Bermudians and residents are using their PATI rights (27% more requests in 2020)

  19. Wrap Wrap- -up up Learn more about the Information Commissioner s review and recommendations at www.ico.bm Free upcoming webinar on 30 June at 11am, Blurred boundaries in access to information: home office and public records management General questions for ICO at 543-3700 or info@ico.bm

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