Information Commissioner Gitanjali Gutierrez issued her first decision for 2021 regarding the Ministry of Public Land and Buildings.

A spokeswoman said: “Information Commissioner Gitanjali Gutierrez issued her first decision for 2021 on January 25, 2021: Decision 01/2021, Ministry of Public Land and Buildings [Department]. The applicant made a request under public access to information [PATI] Law 2010 for a copy of Tudor Farm’s rental and tender documents.

“After the department hadn’t made an initial decision, the applicant asked for an internal review of their PATI request. If the PATI applicant did not receive an internal review decision from the department, the applicant requested an independent review by the Information Commissioner.

In decision 01/2021, the information commissioner stated that the department had not issued an internal review decision within the statutory deadlines of the PATI Act. The department also did not make a decision on the applicant during the review by the information commissioner. The information commissioner instructed the department to carry out an internal review within four weeks of the decision 01/2021 and to take its internal review decision.

“Decision 01/2021 reminds the authorities of their obligation to conduct an internal review and to take a decision within six weeks after the authority has received an internal review request that cannot be extended under the PATI Act.

“As Bermuda approaches the sixth year of PATI rights available to Bermudians and Bermuda residents, Decision 01/2021 is the Information Commissioner’s 27th investigation that has not resulted in a decision. This corresponds to more than a third of the 77 published decisions of the Information Commissioner as of January 31, 2021. “

The full version of Resolution 01/2021 follows below [PDF here]::


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