1. “Looking Backwards...Going Forward – Lessons learnt” Carole Excell FOI Coordinator

2. Objectives of the FOI Law Transparency –Open Accountability – Answerable for its actions Public Participation - Inclusive & responsive to the public

3. GOAL “Transparency in government is the basis for accountability, improved decision- making, public trust, and informed participation”. Salt Lake City, Greater transparency for Collaborative Government Initiative Salt Lake City, Greater transparency for Collaborative Government Initiative

4. REALITY This is not easy to make a reality!! Culture of Secrecy Priorities and Decision-making Mistakes and unpopular policies

5. Why a review ? Ensure we are capturing key performance indicators for our work Consultation on our plans for the future Received submissions for reform of the law Capturing lessons learnt in the Cayman Islands Need to learn lessons from other jurisdictions

6. Challenges during implementation Sensitization of civil service about FOI Meetings/Meetings /Meetings Transparency is not free Capacity Building of staff essential Records Management principles not sufficient buy-in Keeping the public informed of implementation

7. Challenges during implementation Review of other CI Laws Objection by Boards and Committees Building JADE Dispute whether the right to information is a human right Concerns about privacy

8. Challenges :-Pro-active publication E- publication scheme guidance issued by FOI Unit in February 2008 E-publication scheme guidance sent to Cabinet March 2008

11. E-publication Case Study Presentations at IM Network by GIS, CSD & FOI Unit. Provision made for free website creation if hosted by CSD, form for information, standard wording for hosted website, review of proposed text by Unit 26 out of 88 public authorities complied partially or completely with requirements

12. We had a successful plan! Implementation Planning Implementation Planning Information Technology Information Technology Communications and Public Communications and Public Participation Participation Training and Records Training and Records Management Management Comprehensive Regulatory Comprehensive Regulatory and policy Framework and policy Framework General strategies to be General strategies to be adopted by all public adopted by all public authorities authorities

13. Implementation – 6 months FOI Works!!! FOI Works!!! Information Managers have been dealing with requests from the public and have granted access to 45% of requests Information Managers have been dealing with requests from the public and have granted access to 45% of requests

14. JADE has been great - it allows central monitoring but has not given us an “on the ground feel” OutcomesTotal of Outcomes Administrative Closure44 Deferred11 Granted in Full137 Granted in Part37 No Records Found54 Public Domain45 Refused73 Totals401

15. JADE Tracks:- – Number of requests received –Numbers granted, refused, deferred, denied –Number of internal review –Number met time requirements/exceeded –Number of appeals –transfers –It does not capture requestors experience, non-response or deemed denials –Some information managers put in information after the date and have not used JADE at all even to do Information Commissioners report.

16. Demand The media is using the Law significantly and civil servants…

17. Requests Sewage treatmentTravel expenses SalariesAudits

18. Requests Personal information :- Personal information :- –Immigration Civil Servants – –job descriptions and appointments Planning Information

19. Legal Issues Should the procedure for appointing the Information Commissioner be changed to be more akin to the Complaints Commissioner? Should the FOI Law trump all other laws? Is the definition of personal information correct? How does it apply to public officials? Is the Legislative Assembly a public authority? What information from Tribunals decisions should be in the public domain? How should the 20 year rule be applied? Should exemptions for security and criminal investigations be extended? Should the FOI Law be amended to accommodate Data Protection?

20. Administrative Issues (+) Demand not exceeding capacity Information Managers growing in confidence Few fees charged -access being given free of charge by e-mail Positive reaction in Media for regime Information Managers Network working FOI Unit providing advice regularly ( average 50 calls per month) and support for public authorities.

21. Administrative Issues (-) Persons not aware of right of internal review, appeal directly to ICO Some Chief Officers not aware of how to conduct internal reviews FOI forms not available at receptions Deemed denials Information managers job descriptions not amended- no budget for work- time for work Slow improvement in records management Internal Support for Information Managers - Heads of Dept/ Chief Officers Difficulty in understanding role of FOI unit and ICO

22. Full Publication Schemes DEADLINE !!!! -S.5 of FOI Law -“Within twelve months of the appointed day” Chief Sec.- Publication Scheme Guidance is in DRAFT FORM, to be finalised and distributed to all public authorities. S. 51 Chief Secretary sets standards of publishing S.44(2)(a) Info Commissioner power to order the publishing of information as part of failure to comply with Obligation under the Law.

23. Going Forward- Lessons from other jurisdictions Media Perception ( Cayman) Process of Reform (JA) Need for Reform ( Canada/Australia) Proactive Publication ( Scotland) Demand (Canada – Ontario/Scotland) Data Protection (Trinidad and Bahamas)

24. Going Forward- Cayman “Despite the advances in transparency in government made through the passage and implementation of the Freedom of Information Law, there remains a strong culture of secrecy in the Cayman Islands, especially in civil service and government–owned entities”. Caymanian Compass June 8, 2009 The five Ds’ of media relations :- deny, dodge, defer, devalue and disdain Sustainability is KEY

25. JA- Process of Reform The Access to Information Act in Jamaica requires a review after a period of 18 months On May 06, 2005 a Resolution was passed to appoint a Committee to report on the operations of the Access to Information Act, (2002) January 11, 2006 - March 22, 2006, the Joint Select Committee held five meetings and examined the administration of the ATI Act. On March 22, 2006, the Joint Select Committee provided a Summary Report of their deliberations

26. JA- Process of Reform On March 31, 2006, the Parliament was prorogued because of a change in Government. On March 27, 2008, the motion to reconstitute the Joint Select Committee to review the Access to Information Act (2002) was moved through the Senate. In March 26, 2009 the first sitting of the reconvened Joint Select Committee was held. Clear TOR’s and process to determine necessary reform and public participation.

27. Do we need reform? “..What makes access to information laws work well in practice. The importance of ‘details’ such as tight timelines for responding to requests for information, limiting exceptions to circumstances where release of the information would pose a risk of harm to a protected interest, comprehensive public interest overrides for exceptions, sanctions for officials who wilfully obstruct access, and oversight bodies withbinding powers to order the release of information has come to be recognised”. Stanley L. Tromp - “Fallen Behind: Canada’s Access to Information Act in the World Context”

28. Canada – Call for significant Reform of Law The former Information Commissioner of Canada, John Reid noted that the “culture of secrecy” has not been significantly altered in this country, despite a generation of experience with the Access to Information Act. General public interest override Harms test for all exemptions Reduction of response times FOI override Penalties for obstructing FOI process Public right to access meetings

29. Need for reform -Australia Staged review Government introduces into the Parliament a bill to abolish the power to issue conclusive certificates in the FOI Act and Archives Act 1983. Decisions to refuse access to documents on grounds of exemptions would be subject to full independent external merits review Introduces a new Information and FOI Commissioner with order-making power. Critical to capture lessons but also review other countries experiences

30. Proactive Publication- Scotland All Scottish public authorities must produce and maintain a publication scheme which is approved by the Scottish Information Commissioner. Schemes describe the information that the authority publishes, how to access that information and whether it is free of charge or available for a payment.

31. Proactive Publication- Scotland “Publication schemes have not, however, featured prominently …. Some public authorities have expressed the view that the value of publication schemes has not justified the effort to create and maintain them. There is little hard evidence that publication schemes, as documents, have been greatly used – either by the public or by authorities’ own staff”. Publication Scheme Guidance, Scotland

32. Proactive Publication- Scotland A robust publication scheme: –provides solid evidence to the public and to its reporting agencies that an authority is meeting its obligations to be accessible, open and transparent; –enables the public to access information without having to make a request; –gives employees at every level of the authority clear guidance about what information they can give out to the public without having to seek higher approval, thus helping them to process information requests more efficiently. We need to do Pub Schemes in a way that fits CI CULTURE !!

33. Demand Worried about decreasing demand Television Campaign - Scotland

34. Ontario- Teachers Guide to the Freedom of Information Act We need to introduce FOI into schools curriculum, libraries and at UCCI.

35. Data Protection Bahamas - The Data Protection (Privacy of Personal Information) Act 2003 Trinidad and Tobago - Data Protection Bill 2008 Freedom of Information Law 1999 Freedom of Information Law 1999 –Delegation of responsibility for certain exemptions –Refusal of access to personal information, appeal to Data Commissioner –Document is exempt if disclosure of personal information is inconsistent with DP Act –Request for personal information now under DPA –Going forward the regimes must be consistent.