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Decision 39 2023 Bermuda Police Service

The Bermuda Police Service failed to issue a decision on an applicant's request for an internal review of a PATI request within the required statutory timeframe. The applicant requested emails between the Commissioner of Police and Governor from October 2021. While the BPS issued a late internal review decision, the Information Commissioner found they failed to meet the statutory deadline.

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135 views

Decision 39 2023 Bermuda Police Service

The Bermuda Police Service failed to issue a decision on an applicant's request for an internal review of a PATI request within the required statutory timeframe. The applicant requested emails between the Commissioner of Police and Governor from October 2021. While the BPS issued a late internal review decision, the Information Commissioner found they failed to meet the statutory deadline.

Uploaded by

BernewsAdmin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Decision Notice

Decision 39/2023: Bermuda Police Service

Emails between the Commissioner of Police and the Governor: failure to


decide within statutory timeframe

Reference no: 2021050


Decision date: 3 November 2023
Summary

On 12 July 2023, the Applicant asked the Bermuda Police Service (BPS) for all email
communications between the Commissioner of Police and the Governor of Bermuda in relation
to the Applicant between 1 October 2021 and 31 October 2021. The Information Commissioner
has found that the BPS failed to decide the Applicant’s request for an internal review within
the statutory timeframe set forth by the Public Access to Information Act 2010. During the
review, the BPS issued an internal review decision to the Applicant. The Information
Commissioner has not required further action in respect of this Decision.

Background

1. This Information Commissioner’s Decision is for a ‘failure to decide’ application for


review under Part 6 of the Public Access to Information (PATI) Act 2010 which was
received by the Information Commissioner’s Office (ICO) on 11 October 2023. It
addresses a public authority’s basic obligation to respond to a requester’s internal review
request within the statutory timeframe, not whether a public authority has properly
denied access to a record.

2. In this Decision, relevant dates include:

Date Action

12 July 2023 The Applicant made a written PATI request to the Bermuda Police
Service (BPS).

23 August 2023 The statutory deadline passed for the BPS to issue an initial decision,
i.e., within six weeks of the PATI request date.

25 August 2023 The Applicant made a timely request for the Head of Authority to
conduct an internal review.

6 October 2023 The statutory deadline passed for the BPS to issue an internal review
decision, i.e., within six weeks of its receipt of the Applicant’s
request for one.

11 October The Applicant requested an independent review by the Information


2023 Commissioner.

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18 October The ICO notified the BPS of this application for review and invited its
2023 comments.

1 November The Head of Authority issued its internal review decision to the
2023 Applicant.

Information Commissioner’s analysis and findings

Internal Review Decision

3. Section 43(1) of the PATI Act requires the head of a public authority to conduct an
internal review. Section 43(2) gives the head of the public authority a maximum of six
weeks, after the date of receiving a request for an internal review, to complete the
internal review. Section 43(2) also requires that the head of the public authority notify
the applicant of: the internal review decision, the reasons for the decision, and the
applicant’s right to seek an independent review by the Information Commissioner.

4. On 25 August 2023, the Applicant requested an internal review by the BPS’s Head of
Authority, who for purposes under the PATI Act is the Commissioner of Police. The
Applicant did not receive an internal review decision by 6 October 2023.

5. On 11 October 2023, the Applicant requested an independent review by the Information


Commissioner of the BPS’s alleged failure to issue an internal review decision.

6. By letter dated 18 October 2023, the ICO invited the BPS to make submissions on this
review, as the Information Commissioner is required to do under section 47(4) of the
PATI Act. Although a reasonable opportunity to make representations was provided, no
submissions were received explaining why an internal review decision was not issued by
the BPS within the statutory timeframe. During this review, the BPS issued an internal
review decision.

7. It is a matter of fact that the BPS did not provide the Applicant with an internal review
decision within the statutory timeframe. The Information Commissioner is satisfied that
the BPS failed to comply with section 43(2) of the PATI Act.

8. The Information Commissioner does not require the BPS’s further action on the
Applicant’s request for an internal review.

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Decision

The Information Commissioner finds that the Bermuda Police Service (BPS) failed to issue a
decision on the Applicant’s request for an internal review within the timeframe set forth in
section 43(2) of the Public Access to Information (PATI) Act 2010. Since the BPS has issued an
internal review decision during this review, the Information Commissioner does not require
the BPS to take any future action in respect of this Decision.

Judicial Review

The Applicant, the BPS and any other person aggrieved by this Decision have the right to apply
to the Supreme Court for review of this Decision, in accordance with section 49 of the PATI Act.
Any such application must be made within six months of this Decision.

Gitanjali S. Gutierrez
Information Commissioner
3 November 2023

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Information Commissioner for Bermuda
Maxwell Roberts Building
4th Floor
One Church Street
Hamilton, HM11
www.ico.bm
441-543-3700

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