1. Statistical Reports on FOI Requests Aubrey Bodden, Research Analyst Freedom of Information Unit

2. FOI Unit Role Promote open Government Promote open Government Lead & coordinate the implementation of the FOI Law and Regulations across the public sector Lead & coordinate the implementation of the FOI Law and Regulations across the public sector Analyse, formulate & disseminate policies, procedures, benchmarks and guidelines Analyse, formulate & disseminate policies, procedures, benchmarks and guidelines Monitor & identify shortcomings in implementation Monitor & identify shortcomings in implementation Conduct extensive training of the public sector Conduct extensive training of the public sector Assist in raising the general awareness of the public Assist in raising the general awareness of the public

3. Monthly Statistical Reports The FOI Unit will issue a monthly statistical report on implementation, summarising: The FOI Unit will issue a monthly statistical report on implementation, summarising: The number of FOI requests received The number of FOI requests received Decisions made / outcomes of FOI requests Decisions made / outcomes of FOI requests Provisions utilised to exempt or refuse access Provisions utilised to exempt or refuse access Popular requests and applications of interest Popular requests and applications of interest Internal reviews and appeals to the ICO Internal reviews and appeals to the ICO Whether or not timelines are being met Whether or not timelines are being met

4. JANUARY - FEBRUARY 2009 Number of requests Between January 5, 2009 and February 28, 2009, 44 of the 88 public authorities received a combined total of 172 requests for information under the FOI Law. Half of the public authorities have received no requests at all.

5. Number of Requests – Experiences in Other Jurisdictions In Jamaica, the first three months saw 84 requests total In Jamaica, the first three months saw 84 requests total Not all of government was brought under the Access to Information Act at once Not all of government was brought under the Access to Information Act at once In Trinidad, 489 requests were received February 2001 - December 2003 In Trinidad, 489 requests were received February 2001 - December 2003

6. Immigration Department 25 Royal Cayman Islands Police Service 19 Legal Department 11 Health Services Authority 9 Cayman Airways 7 Cayman Islands Monetary Authority 7 Ministry of Education 6 Planning Department 6 Ministry of Tourism 6 Public Authorities that Received the Most Requests

7. Status of Requests As of February 28, 2009, 71 requests were still in progress and 101 had been closed. 41.3% of requests were still open.

8. Timelines One response missed the 30 day deadline One response missed the 30 day deadline Decision sent 32 days after receipt of the request Decision sent 32 days after receipt of the request Two requests required clarification Two requests required clarification Three requests were withdrawn because of lack of communication from the applicant Three requests were withdrawn because of lack of communication from the applicant The other requests within the 30-day timeline averaged 14 days response time. The other requests within the 30-day timeline averaged 14 days response time.

9. Timelines – Other Jurisdictions The first quarterly Director’s Report on the AIA in Jamaica stated that time was an issue due to The first quarterly Director’s Report on the AIA in Jamaica stated that time was an issue due to The need to clarify many requests with applicants The need to clarify many requests with applicants Resistance from some staff to hand over records Resistance from some staff to hand over records In the UK under the FOIA, the third quarter of 2008 saw a 12% late response time on 4,938 total requests. In the UK under the FOIA, the third quarter of 2008 saw a 12% late response time on 4,938 total requests. This was an improvement from the previous quarter This was an improvement from the previous quarter

10. Closed Requests & Decisions Made 45 granted in full 45 granted in full 8 granted in part 8 granted in part 10 exempt in their entirety 10 exempt in their entirety 12 in the public domain 12 in the public domain 15 no records found/exist 15 no records found/exist 6 withdrawn by the applicant 6 withdrawn by the applicant 3 refused 3 refused 2 deferred 2 deferred

12. Decisions in Other Jurisdictions In the first quarter of 2002 only 23 of 84 total requests were granted full access under the Jamaican Access to Information Act, or 27.4%. In the first quarter of 2002 only 23 of 84 total requests were granted full access under the Jamaican Access to Information Act, or 27.4%. During the third quarter of 2008 in the United Kingdom, 57% of 6,503 “resolvable” requests were granted in full, or 42% of total requests. During the third quarter of 2008 in the United Kingdom, 57% of 6,503 “resolvable” requests were granted in full, or 42% of total requests.

13. Exemptions Utilised 15(a) – security, defence or international relations 15(a) – security, defence or international relations 16(b)(c)(d) – law enforcement 16(b)(c)(d) – law enforcement 17(b)(i) – actionable breach of confidence 17(b)(i) – actionable breach of confidence 18(1) – adverse effect on the Caymanian economy 18(1) – adverse effect on the Caymanian economy 20(1)(b) – inhibit free and frank exchange of views 20(1)(b) – inhibit free and frank exchange of views 21(1)(a)(b) – commercial interests 21(1)(a)(b) – commercial interests 23(1) – unreasonable disclosure of personal information 23(1) – unreasonable disclosure of personal information

14. Refusals and Deferrals Cayman Airways refused one request under Section 9(c), citing unreasonable diversion of resources. Cayman Airways refused one request under Section 9(c), citing unreasonable diversion of resources. Radio Cayman deferred one request under Section 11(2)(a) because the information will be published and available in the public domain in the future. Radio Cayman deferred one request under Section 11(2)(a) because the information will be published and available in the public domain in the future. The Economics and Statistics Office deferred one request under Section 11(2)(a)(b)(c) because the information will be published and tabled before the Legislative Assembly, and premature release would be contrary to the public interest. The Economics and Statistics Office deferred one request under Section 11(2)(a)(b)(c) because the information will be published and tabled before the Legislative Assembly, and premature release would be contrary to the public interest.

15. Popular Requests The Immigration Department received 25 requests. 14 were to review the applicant’s own immigration file or other records personal to that applicant. The Immigration Department received 25 requests. 14 were to review the applicant’s own immigration file or other records personal to that applicant. Some requests had to do with recent events that had been reported on extensively by the media Some requests had to do with recent events that had been reported on extensively by the media Constitutional review process Constitutional review process Dolphinariums and import shipments Dolphinariums and import shipments Proposed port expansion Proposed port expansion Sex-offenders registry Sex-offenders registry Crimes broken down by nationality Crimes broken down by nationality Expenditure of SPIT Expenditure of SPIT

16. Internal Reviews and Appeals January – February 2009 One unsatisfied requestor applied for internal review to the Chief Officer of the Immigration Department. One unsatisfied requestor applied for internal review to the Chief Officer of the Immigration Department. Two appeals were made to the Information Commissioner based on decisions by the Legal Department and Public Service Pensions Board. Two appeals were made to the Information Commissioner based on decisions by the Legal Department and Public Service Pensions Board. No judicial reviews were requested. No judicial reviews were requested.

17. Dissemination & Accuracy This report will be issued to the public This report will be issued to the public The press is likely to be very interested The press is likely to be very interested It can only be as accurate as JADE is! It can only be as accurate as JADE is! JADE automatically generates reports on new requests, closed requests and outcomes JADE automatically generates reports on new requests, closed requests and outcomes We will select the date range to be one month We will select the date range to be one month We will ONLY use the numbers from these reports We will ONLY use the numbers from these reports We can only count a request as finished if it is closed We can only count a request as finished if it is closed

18. NOW THE REALITY Updating JADE Some requests are not in JADE at all Some requests are not in JADE at all Applicants have called us to discuss requests Applicants have called us to discuss requests Requests have appeared in the newspaper Requests have appeared in the newspaper Some requests were submitted January 5, but nothing is entered besides initial receipt Some requests were submitted January 5, but nothing is entered besides initial receipt More than 60 days has passed… what’s happening? We assume you’ve done something! More than 60 days has passed… what’s happening? We assume you’ve done something!

19. NOW THE REALITY Closed Requests Our report showed only 36 requests closed during the month of January Our report showed only 36 requests closed during the month of January Decisions were made on at least 58 additional requests during that month Decisions were made on at least 58 additional requests during that month At least 17 requests that are still open now were closed in February At least 17 requests that are still open now were closed in February The total number of responses for the second month of implementation is at least 72, not 65. The total number of responses for the second month of implementation is at least 72, not 65.

20. NOW THE REALITY Actual Decisions Made For one request, the outcome was “granted in full” but the outcome remarks stated “some information was redacted.” For one request, the outcome was “granted in full” but the outcome remarks stated “some information was redacted.” Another request was closed as a refusal, but the remarks stated “some information was delivered.” Another request was closed as a refusal, but the remarks stated “some information was delivered.”

21. NOW THE REALITY Timelines Many requests appeared to miss the deadline based on when they were closed in JADE Many requests appeared to miss the deadline based on when they were closed in JADE Each request reported as over time was individually examined to see when the decision was made Each request reported as over time was individually examined to see when the decision was made All but one of the numbers were incorrect. All but one of the numbers were incorrect. Many IMs are not logging a date for decisions Many IMs are not logging a date for decisions The actual average response time was most likely less than 14 days. The actual average response time was most likely less than 14 days.

22. “Information Commissioner Jennifer Dilbert has ruled that the FOI Law allows such deferrals to take place, even (sic) if the delay will not ultimately prevent the disclosure of such information.”

23. Reviews and Appeals JADE monitors internal reviews, appeals to the Information Commissioner and judicial reviews. JADE monitors internal reviews, appeals to the Information Commissioner and judicial reviews. You must also input these stages after you have completed your decision on the request. You must also input these stages after you have completed your decision on the request.

24. The Disclaimer Our report will state that it is based entirely on the tracking system, but we want accurate numbers to show the hard work that you guys are doing.

25. Problems with JADE We know that some of you have had issues with JADE, and that is why certain requests were not logged on time. At this point, every single one of you should have proper access to JADE.

26. Caymanian Compass Editorial January 20, 2009 [W]e really did not expect much in the way of responses until the end of this month. We were delighted to see, then, that three responses have already been received by our journalists. … We hope all government department information officers are as keen to deal with their FOI requests as [Garnet] Harrison. But the kudos do not stop there. We have also already received responses from the Health Services Authority information officer, Sharaine Chin, and from the Immigration Department information officer, Petula Twinn. We thank all three of these information officers for embracing the spirit of the Freedom of Information Law, which is basically to promote transparency of government. The provisions of the FOI Law would have allowed these three information officers to delay their responses, but they all came through in less than half of the time allotted.

27. The Importance of Updating JADE for the Monthly Statistical Reports If you input or update requests after the date they were received we may miss them in the report. If you input or update requests after the date they were received we may miss them in the report. Our numbers will then not add up Our numbers will then not add up The number of requests received will not equal the number of requests that have been closed plus those that are still open and still in progress. The number of requests received will not equal the number of requests that have been closed plus those that are still open and still in progress. Eventually, there will be more decisions than requests and there will be no way to fix this. Eventually, there will be more decisions than requests and there will be no way to fix this.

28. Your Mandate by Law 24. The Information manager shall, in the monitoring and tracking computer system used by Government, keep a register of applications in electronic form which shall include but not be limited to- (a) an application number; (b) the name of the applicant; (c) the date of the application; (d) a summary of the applicant’s request; (e) the date the response was sent to the applicant; (f) a summary of the information provided, where information was provided; (g) where the application was refused, the specific clause relied upon with an explanation of reasons; and (h) whether an appeal was filed and the outcome of that appeal. The FOI (General) Regulations, 2008

29. Why You Must Track Requests To know what requests have been received and when To know what requests have been received and when To easily find out what the status of each request is To easily find out what the status of each request is Very important with more than one FOI staff member Very important with more than one FOI staff member To identify timelines for acknowledgement, response and delivery of records To identify timelines for acknowledgement, response and delivery of records To demonstrate your performance To demonstrate your performance To avoid duplication of applicants and requests To avoid duplication of applicants and requests To quickly identify repeated or vexatious requests To quickly identify repeated or vexatious requests To audit the trail of actions taken To audit the trail of actions taken Very important for internal reviews and appeals Very important for internal reviews and appeals To ensure consistency in approach and response To ensure consistency in approach and response

30. What Exactly You Must Track Receipt of request Receipt of request Clarification and other correspondence with the applicant Clarification and other correspondence with the applicant Formal acknowledgement Formal acknowledgement Decision that information is in the public domain Decision that information is in the public domain Refusal based on Section 9 of the FOI Law Refusal based on Section 9 of the FOI Law Transfers and split requests Transfers and split requests Communication within your PA to get records Communication within your PA to get records What records were gathered and where they are What records were gathered and where they are Review of records – legal opinion, exemptions, redactions Review of records – legal opinion, exemptions, redactions Estimate of fees and payment of fees Estimate of fees and payment of fees Formal decision of grant, refusal or deferral – in detail! Formal decision of grant, refusal or deferral – in detail! Formatting and provision of records Formatting and provision of records

31. Thank You! Any Questions? JADE