On December 13, Information Commissioner Gitanjali Gutierrez issued Decisions 44/2023 and 45/2023 concerning the Department of Child and Family Services.
A spokesperson said, “On 13 December 2023, Information Commissioner Gitanjali Gutierrez issued Decision 44/2023 and Decision 45/2023 involving the Department of Child and Family Services.
“In Decision 44/2023, the Applicant had made a request asking for records about Glen Mills Schools, an overseas child residential facility. Though the Department had released some records to the Applicant, it had decided most were exempt from public disclosure because of a secrecy provision in the Children Act. The Department also concluded that other records asked for did not exist.
“In her Decision, the Information Commissioner has found that the Department was justified in deciding that the Children Act prohibited some requested records from being disclosed publicly. She further confirmed that the Department had conducted a reasonable search for the other requested records before deciding they did not exist.
“A similar request for records was discussed in Decision 45/2023, where the Applicant had asked for general data and records related to overseas residential placements in the prior five years. In response, the Department had decided that some responsive records were already in the public domain, while finding that other records did not exist or were exempt.
“In her Decision, the Information Commissioner has found that the Department was justified in deciding that the records either did not exist, were in the public domain, or could not be publicly disclosed due to the Children Act’s secrecy provision.
“Alongside Decision 42/2023, Office of the Tax Commissioner and Decision 38/2023, Department of Child and Family Services, they highlight the need for a legislative review of Bermuda’s older secrecy frameworks—which was promised but not yet delivered on—to prevent more ‘unintended consequences’ where an existing law is ‘inconsistent with the PATI Act’s purposes.’”
The full version of Decision 44/2023 follows below [PDF here]:
The full version of Decision 45/2023 follows below [PDF here]:
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