Sat 22 -29 September, 2012 is Right to Know Week here in the Cayman Islands.

Right To Know Day will be celebrated on 28 September.

The Right to Know Week is to promote the right of the people to access information from the Information Commissioner’s Office (ICO).

The Complaints Commissioner is Jennifer Dilbert. She said the use of delaying tactics, time wasting and lawyers were becoming all too common with some government entities.

Christina Smith, the ICO’s office manager, said a small team were doing as much as they could with limited resources to promote the theme of “It’s yours, just ask”, which makes it clear that as the government represents the people, the people have the right of access to what it does.

Over the coming weeks the team from the ICO will be out and about promoting this and encouraging people to use the law.

Freedom of information is critical to a well-functioning democracy. The Freedom of Information Law of the Cayman Islands is based on the principle that the government should rarely, and only in compelling circumstances, possess more information than citizens possess. The FOI Law takes away the discretion of government to determine what information, if any, they choose to provide, when, and to whom. It replaces this discretion with a set of rules that apply when responding to a freedom of information request. 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.

The FOI Law gives individuals the right to timely and complete access to government information. Individuals are not required to give any reasons for requesting the information. Government may refuse access only in eleven narrow circumstances, of which all but one, are reviewable by the Information Commissioner. The FOI Law and the Commissioner expects Public Authorities to be transparent and provide people with access to official information as a matter of course.

The Information Commissioner’s Office is an independent entity responsible for monitoring compliance with the FOI Law. Individuals denied access or who believe their request was mishandled may appeal the matter to the Commissioner, who has the authority to review the matter, make all findings of fact and law, and issue a binding decision. The Commissioner is also responsible for promoting general awareness of the FOI Law, the public’s rights and the obligations of government under the Law.

The Information Commissioner’s Office promotes access rights to Government records and monitors the compliance of public authorities with the Freedom of Information Law, 2007.

Successive Government’s have demonstrated a commitment of Freedom of Information by passing appropriate legislation and enshrining it in the Cayman Islands Constitution.

The ICO works to ensure that information is available and the public understands how to access it.

Since the law came into effect in January 2009 up until June 2012, the FCO have handled 95 appeals where applicants have been denied information. Seventy-nine of those were resolved, including twenty cases that went to hearings before the commissioner.

In addition specific powers and responsibilities provided for in the Freedom of Information Law, 2007 section 39 of the Law states that the Commissioner may:

• Hear, investigate and rule on appeals filed under the Freedom of Information Law (2007)
• Monitor and report on the compliance by public authorities with their obligations under the Law
• Make recommendations for reform both of a general nature and directed at specifc public authorities
• Refer to the appropriate authorities cases where it appears that a criminal offence has been committed
• Publicise the requirements of the Law and the right of individuals under it.