Freedom of Information is alive and well in the Cayman Islands. In the almost three years since the coming into effect of the FOI Law, we have seen a gradual chipping away of the shroud of secrecy that used to surround the workings of Government. This has been replaced by a realisation and acceptance within public authorities that information held by Government belongs to the people of the Cayman Islands, and that individuals have a right to access this information except in very limited and defined instances.
The Law seeks to strike a balance between the public’s legitimate right to know and the need for Government to keep some information confidential.
At the same time, the public is becoming more and more aware that their requests for information cannot be ignored or treated inconsistently, depending on the whims of individuals within Government. Instead, the public now realises that this discretion to respond or not to their requests for access to information has been replaced by a set of rules that govern the way applications for information are to be handled, and clearly set out the rights of applicants. In addition, some public authorities are now pro-actively publishing information, and details of what function each serves, as well as they type of records held, are all available to the public.
The Freedom of Information Law and accompanying Regulations are for the most part effective and robust, Government has set up adequate procedures within most of its 91 public authorities to deal with Freedom of Information requests, and I have established policies and procedures to hear appeals in a fair and effective manner.
Along with my small staff I have worked hard to ensure that the FOI Law is not simply a toothless piece of legislation, but that systems are in place to make sure that it works for the benefit of the public.
The press has embraced the new process in a fairly reasonable and responsible manner, appreciating the initial teething problems.
These days there are several references to FOI in the press every week, and many current issues being aired came about as result of information attained through FOI requests. These include topics such as Government and Ministerial spending, pensions benefits of politicians, and instances of the policies, procedures or criteria for Government actions being questioned by the public.
While much has been accomplished in the last few years, problems still exist within some public authorities, where a lack of resources or commitment to FOI, or a combination of both, have prevented a good FOI regime from being established. However, there are some public authorities where a culture of openness and transparency is developing, and proper policies, procedures and resources are committed to not only deal with FOI requests, but to actively promote disclosure of information to the general public.
As Information Commissioner, I continue to encourage the public to arm themselves with information as to how to use the Law, specifically how to make requests.
I urge individuals to not misuse the Law, but to make requests for records that are reasonable and useful.
Jennifer Dilbert is the first Information Commissioner of the Cayman Islands. Appointed in January 2009, she previously held the post of Cayman Islands Representative in the UK from 2000 to 2009.
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