The objectives of the Freedom of Information Law, 2007 are to promote accountability, transparency and encourage public participation in the decision making processes of government. To ensure this happens, each of the 92 public authorities within the Cayman Islands government is assigned an information manager.
Information managers play a crucial role in the life of an FOI request. They are the person who will receive your request and acknowledge receipt of the request within 10 days and provide a response within 30 calendar days.
During this time, the information manager may contact you to clarify your request and gain a better understanding of the record you require. If necessary, they may transfer the request to another public authority to which the subject matter is more closely related. Information managers also provide assistance to applicants who have limited ability to read or write English or with any mental or physical disability.
The information manager makes every attempt to locate the records requested by an applicant, collating relevant information, conducting reasonable searches and documenting efforts where records are not found. They are also responsible for examining each record for which access has been applied and interpreting the FOI Law and Regulations as to the appropriateness and legality of disclosure, for example, determining whether the record is excluded or exempt in its entirety or contains exempt matter, whether access should be granted, or the grant of access should be deferred.
In all cases, the information manager will provide the applicant with a response in writing and inform the applicant of the next steps including their right to an internal review and if necessary an appeal to the Information Commissioner’s Office.
The information manager also promotes best practice in records management and maintains their public authority’s publication scheme and disclosure log. The role of the information manager is quite substantial and the majority of information managers undertake this responsibility in addition to their regular role within their public authority.
Information managers network seminar
Throughout the year, the Information Commissioner’s Office hosts networking seminars, which allow information managers to discuss issues, share their experiences, answer any queries and ensure their public authority is in compliance with the FOI Law.
The meetings allow information managers to discuss how to deal with matters that arise and ensure that information is consistent amongst the group. They also aim to support one another which help make communication easier. This year, the ICO is launching the second round of information seminars during Right to Know Week, starting on 27 September with the focus on Section 23 of the FOI law relating to personal information.
FOI relies on management of information
It’s all fine and dandy to have FOI legislation, but it is only as good as the information held and the manner it is held in. Without implementing existing record keeping procedures, we’re doing nothing other than playing a game of hide and go seek or we appear to be ignoring the need for accountable and transparent government.
The importance of records management is said to be a key component of freedom of information legislation. But why is it seen this way? The application of the law itself makes it clear that FOI will only be as good as the quality of information it relates to. Simply, if no record exists you cannot provide access to it. Similarly, if you cannot find it, you cannot provide access to it. Thus, without such recorded evidence there is no transparency and no accountability.
Consequently, emphasis is not only placed on ensuring that information is readily accessible, but also that the proper information is being created in the first place in order to accurately document the decisions being made.
Prior to the law coming into effect, most authorities over the years have amassed an extensive backlog of unmanaged, duplicate or superfluous information.
What was once accepted as a minor inconvenience filling up a dusty storeroom, now has the potential to severely impede an authority’s ability to comply with the Law and will undoubtedly increase the resources required to respond to requests.
Ensuring that quality information is recorded and kept for an appropriate period of time is essential for the overall efficiency and effectiveness of the organisation and its development over time. Without good record keeping, an organisation will not be able to learn from its past.
The beauty of our FOI Law is that, it accords with the discipline and profession of records management, in that they both relate to and espouse the importance of records. It is also important to know that even though all records are information, not all information is a record.
Like many developed countries, this “Island that time once forgot” is relatively new to a systematic (or legally prescribed) approach to records management. Not to imply that any form of information/record management control did not exist in the past – very much the contrary. However, it was the way in which such records were maintained.
In fact, the National Archive and Public Records Law came into effect in 2007. What seems to have been lacking is a sense of a consistent, organisation-wide approach with good practice confined not to individual departments, but as the underpinning of government practices on a whole. Thus we return to the realisation that in order for FOI to succeed, there must be a cultural change.
Records management policies and Laws can be created, file plans and retention schedules can be agreed upon; but the real challenge is to convince staff to cease filing information as they please and to welcome the proper and accountable way of working – that is records management.
Since its implementation, the FOI Law has made significant achievements. However, now more than ever, FOI must continue to remain a priority as well as the driving force for change within government.
Every record properly created and filed, is the foundation of records management and a true indication of accountability and transparency for the government and a win for Freedom of Information.
FOI REQUEST TIPS
All requests must be made in writing.
Provide enough detail to allow the information manager to easily identify the records.
Responses should be delivered within 30 days.
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