INFORMATION COMMISSIONER'S BRIEFING
In the briefing held on Monday, 8 March 2021, the Information Commissioner discussed exemptions for operations of public authorities under section 30, the Commissioner's mandate, and approach. The session covered key topics such as promoting awareness of rights, providing guidance, oversight, conducting reviews, and issuing legally binding decisions. The approach highlighted independence, integrity, fairness, progressive oversight, enforcement, and value addition to the PATI process.
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Presentation Transcript
INFORMATION INFORMATION COMMISSIONER S BRIEFING COMMISSIONER S BRIEFING Monday, 8 March 2021 Virtual Briefing
AGENDA AGENDA 10:00 10:05 Welcome and Introductions 10:05 10:45 Exemptions for operations of public authorities section 30 Three separate exemptions s. 30(1) Public interest test s. 30(2) Q &A and Wrap-up 10:45 11:00
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
Operations of public authorities Operations of public authorities s. 30(1) s. 30(1) Section 30(1) contains 3 separate exemptions for records that could reasonably be expected to: s. 30(1)(a) - prejudice the effectiveness of tests, examinations, etc., or the procedures or methods used to conduct them;
Operations of public authorities Operations of public authorities s. 30(1) s. 30(1) s. 30(1)(b) have significant, adverse effect on public authority s performance of its management functions s. 30(1)(c) disclose the position, plans, etc., for the purpose of ongoing negotiations by the Government or public authority
Operations of public authorities Operations of public authorities s. 30(1)(a) s. 30(1)(a) Disclosure could reasonably be expected to prejudice the effectiveness of tests, examinations, investigations, inquiries or audits conducted by or on behalf of the public authority, or the procedures or methods used to conduct them.
Operations of public authorities Operations of public authorities s. 30(1)(a) Decision 27/2019, Bermuda Health Council Decision 15/2020, Bermuda Police Service s. 30(1)(a)
Operations of public authorities Operations of public authorities s. 30(1)(a) s. 30(1)(a) 1. What is the relevant test, examination, investigation, inquiry or audit, or the procedures or methods employed to conduct it?
Operations of public authorities Operations of public authorities s. 30(1)(a) s. 30(1)(a) 2. How can disclosure cause prejudice to the effectiveness of the relevant test, examination, etc., describing the circumstances or events that can lead to the prejudice?
Operations of public authorities Operations of public authorities s. 30(1)(a) s. 30(1)(a) 3. Could the prejudice reasonably be expected to occur under the circumstances? 4. If the exemption is engaged, whether the balance of the public interests requires disclosure of the record?
Remember Remember: : A public authority has the burden to justify the exemption Information Commissioner is reviewing a public authority s decision A public authority must provide facts and reasoning to support its argument
Operations of public authorities Operations of public authorities s. 30(1) s. 30(1) s. 30(1)(b) have significant, adverse effect on public authority s performance of its management functions s. 30(1)(c) disclose the position, plans, etc., for the purpose of ongoing negotiations by the Government or public authority
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
