Statistical Statistical Reports on FOI Reports on FOI

RequestsRequestsAubrey Bodden, Research Aubrey Bodden, Research

AnalystAnalyst

Freedom of Information UnitFreedom of Information Unit

FOI Unit RoleFOI Unit Role

Promote open GovernmentPromote open Government Lead & coordinate the implementation of the FOI Lead & coordinate the implementation of the FOI

Law and Regulations across the public sectorLaw and Regulations across the public sector Analyse, formulate & disseminate policies, Analyse, formulate & disseminate policies,

procedures, benchmarks and guidelinesprocedures, benchmarks and guidelines Monitor & identify shortcomings in Monitor & identify shortcomings in

implementationimplementation Conduct extensive training of the public sectorConduct extensive training of the public sector Assist in raising the general awareness of the Assist in raising the general awareness of the

public public

Monthly Statistical Monthly Statistical ReportsReports

The FOI Unit will issue a monthly statistical The FOI Unit will issue a monthly statistical report on implementation, summarising:report on implementation, summarising:

The number of FOI requests receivedThe number of FOI requests received Decisions made / outcomes of FOI requestsDecisions made / outcomes of FOI requests Provisions utilised to exempt or refuse Provisions utilised to exempt or refuse

access access Popular requests and applications of interestPopular requests and applications of interest Internal reviews and appeals to the ICOInternal reviews and appeals to the ICO Whether or not timelines are being metWhether or not timelines are being met

JANUARY - FEBRUARY JANUARY - FEBRUARY 20092009

Number of requestsNumber of requestsBetween January 5, 2009 and Between January 5, 2009 and

February 28, 2009, 44 of the 88 February 28, 2009, 44 of the 88 public authorities received a public authorities received a

combined total of 172 requests combined total of 172 requests for information under the FOI for information under the FOI

Law.Law.

Half of the public authorities Half of the public authorities have received no requests at all.have received no requests at all.

Number of Requests – Number of Requests – Experiences in Other Experiences in Other

Jurisdictions Jurisdictions In Jamaica, the first three months In Jamaica, the first three months

saw 84 requests total saw 84 requests total Not all of government was brought under Not all of government was brought under

the Access to Information Act at oncethe Access to Information Act at once

In Trinidad, 489 requests were In Trinidad, 489 requests were received February 2001 - December received February 2001 - December 20032003

Immigration Department Immigration Department 25 25

Royal Cayman Islands Police Service Royal Cayman Islands Police Service 19 19

Legal Department Legal Department 11 11

Health Services Authority Health Services Authority 9 9

Cayman Airways Cayman Airways 7 7

Cayman Islands Monetary Authority Cayman Islands Monetary Authority 7 7

Ministry of Education Ministry of Education 6 6

Planning Department Planning Department 6 6

Ministry of Tourism Ministry of Tourism 6 6

Public Authorities that Public Authorities that Received the Most Received the Most

RequestsRequests

Status of RequestsStatus of Requests

As of February 28, 2009, As of February 28, 2009, 71 requests were still in 71 requests were still in progress and 101 had progress and 101 had

been closed.been closed.

41.3%41.3% of requests were of requests were still open.still open.

TimelinesTimelines

One response missed the 30 day deadlineOne response missed the 30 day deadline Decision sent 32 days after receipt of the Decision sent 32 days after receipt of the

requestrequest Two requests required clarificationTwo requests required clarification Three requests were withdrawn because Three requests were withdrawn because

of lack of communication from the of lack of communication from the applicantapplicant

The other requests within the 30-day The other requests within the 30-day timeline averaged 14 days response time.timeline averaged 14 days response time.

Timelines – Other Timelines – Other JurisdictionsJurisdictions

The first quarterly Director’s Report on the The first quarterly Director’s Report on the AIA in Jamaica stated that time was an issue AIA in Jamaica stated that time was an issue due todue to The need to clarify many requests with applicantsThe need to clarify many requests with applicants Resistance from some staff to hand over recordsResistance from some staff to hand over records

In the UK under the FOIA, the third quarter In the UK under the FOIA, the third quarter of 2008 saw a 12% late response time on of 2008 saw a 12% late response time on 4,938 total requests.4,938 total requests. This was an improvement from the previous This was an improvement from the previous

quarterquarter

Closed Requests & Closed Requests & Decisions MadeDecisions Made

45 granted in full45 granted in full 8 granted in part8 granted in part 10 exempt in their entirety10 exempt in their entirety 12 in the public domain12 in the public domain 15 no records found/exist15 no records found/exist 6 withdrawn by the applicant6 withdrawn by the applicant 3 refused3 refused 2 deferred2 deferred

Decisions in Other Decisions in Other JurisdictionsJurisdictions

In the first quarter of 2002 only 23 of In the first quarter of 2002 only 23 of 84 total requests were granted full 84 total requests were granted full access under the Jamaican Access to access under the Jamaican Access to Information Act, or Information Act, or 27.4%27.4%..

During the third quarter of 2008 in During the third quarter of 2008 in the United Kingdom, 57% of 6,503 the United Kingdom, 57% of 6,503 “resolvable” requests were granted in “resolvable” requests were granted in full, or full, or 42%42% of total requests. of total requests.

Exemptions UtilisedExemptions Utilised 15(a) – security, defence or international 15(a) – security, defence or international

relationsrelations 16(b)(c)(d) – law enforcement16(b)(c)(d) – law enforcement 17(b)(i) – actionable breach of confidence17(b)(i) – actionable breach of confidence 18(1) – adverse effect on the Caymanian 18(1) – adverse effect on the Caymanian

economyeconomy 20(1)(b) – inhibit free and frank exchange of 20(1)(b) – inhibit free and frank exchange of

viewsviews 21(1)(a)(b) – commercial interests21(1)(a)(b) – commercial interests 23(1) – unreasonable disclosure of personal 23(1) – unreasonable disclosure of personal

informationinformation

Refusals and DeferralsRefusals and Deferrals Cayman Airways refused one request under Cayman Airways refused one request under

Section 9(c), citing unreasonable diversion of Section 9(c), citing unreasonable diversion of resources.resources.

Radio Cayman deferred one request under Radio Cayman deferred one request under Section 11(2)(a) because the information will be Section 11(2)(a) because the information will be published and available in the public domain in published and available in the public domain in the future.the future.

The Economics and Statistics Office deferred one The Economics and Statistics Office deferred one request under Section 11(2)(a)(b)(c) because the request under Section 11(2)(a)(b)(c) because the information will be published and tabled before information will be published and tabled before the Legislative Assembly, and premature release the Legislative Assembly, and premature release would be contrary to the public interest.would be contrary to the public interest.

Popular RequestsPopular Requests The Immigration Department received 25 The Immigration Department received 25

requests. 14 were to review the applicant’s requests. 14 were to review the applicant’s own immigration file or other records own immigration file or other records personal to that applicant.personal to that applicant.

Some requests had to do with recent events Some requests had to do with recent events that had been reported on extensively by that had been reported on extensively by the mediathe media Constitutional review processConstitutional review process Dolphinariums and import shipmentsDolphinariums and import shipments Proposed port expansionProposed port expansion Sex-offenders registrySex-offenders registry Crimes broken down by nationalityCrimes broken down by nationality Expenditure of SPITExpenditure of SPIT

Internal Reviews and Internal Reviews and AppealsAppeals

January – February 2009January – February 2009 One unsatisfied requestor applied for One unsatisfied requestor applied for

internal review to the Chief Officer internal review to the Chief Officer of the Immigration Department.of the Immigration Department.

Two appeals were made to the Two appeals were made to the Information Commissioner based on Information Commissioner based on decisions by the Legal Department decisions by the Legal Department and Public Service Pensions Board.and Public Service Pensions Board.

No judicial reviews were requested.No judicial reviews were requested.

Dissemination & Dissemination & AccuracyAccuracy

This report will be issued to the publicThis report will be issued to the public The press is likely to be very interestedThe press is likely to be very interested It can only be as accurate as JADE is!It can only be as accurate as JADE is! JADE automatically generates reports on JADE automatically generates reports on

new requests, closed requests and outcomesnew requests, closed requests and outcomes We will select the date range to be one month We will select the date range to be one month We will ONLY use the numbers from these We will ONLY use the numbers from these

reportsreports We can only count a request as finished if it is We can only count a request as finished if it is

closedclosed

NOW THE REALITYNOW THE REALITY Updating JADE Updating JADE

Some requests are not in JADE at allSome requests are not in JADE at all Applicants have called us to discuss requestsApplicants have called us to discuss requests Requests have appeared in the newspaperRequests have appeared in the newspaper

Some requests were submitted January Some requests were submitted January 5, but nothing is entered besides initial 5, but nothing is entered besides initial receiptreceipt More than 60 days has passed… what’s More than 60 days has passed… what’s

happening? We assume you’ve done happening? We assume you’ve done something!something!

NOW THE REALITYNOW THE REALITYClosed RequestsClosed Requests

Our report showed only 36 requests Our report showed only 36 requests closed during the month of Januaryclosed during the month of January Decisions were made on Decisions were made on at leastat least 58 58

additional requests during that monthadditional requests during that month At least 17 requests that are still At least 17 requests that are still

open now were closed in Februaryopen now were closed in February The total number of responses for the The total number of responses for the

second month of implementation is at second month of implementation is at least 72, not 65.least 72, not 65.

NOW THE REALITYNOW THE REALITYActual Decisions MadeActual Decisions Made

For one request, the outcome was For one request, the outcome was “granted in full” but the outcome “granted in full” but the outcome remarks stated “some information was remarks stated “some information was redacted.”redacted.”

Another request was closed as a Another request was closed as a refusal, but the remarks stated “some refusal, but the remarks stated “some information was delivered.”information was delivered.”

NOW THE REALITYNOW THE REALITYTimelinesTimelines

Many requests appeared to miss the Many requests appeared to miss the deadline based on when they were closed deadline based on when they were closed in JADEin JADE Each request reported as over time was Each request reported as over time was

individually examined to see when the decision individually examined to see when the decision was madewas made All but one of the numbers were incorrect.All but one of the numbers were incorrect.

Many IMs are not logging a date for decisionsMany IMs are not logging a date for decisions

The actual average response time was The actual average response time was most likely less than 14 days.most likely less than 14 days.

““Information Information Commissioner Commissioner

Jennifer Dilbert has Jennifer Dilbert has ruled that the FOI ruled that the FOI Law allows such Law allows such deferrals to take deferrals to take

place, even (sic) if place, even (sic) if the delay will not the delay will not ultimately prevent ultimately prevent the disclosure of the disclosure of

such information.”such information.”

Reviews and AppealsReviews and Appeals JADE monitors internal reviews, JADE monitors internal reviews,

appeals to the Information appeals to the Information Commissioner and judicial Commissioner and judicial reviews.reviews.

You must also input these stages You must also input these stages after you have completed your after you have completed your decision on the request.decision on the request.

The DisclaimerThe Disclaimer

Our report will state that Our report will state that it is based entirely on it is based entirely on

the tracking system, but the tracking system, but we want accurate we want accurate

numbers to show the numbers to show the hard work that you guys hard work that you guys

are doing.are doing.

Problems with JADEProblems with JADE

We know that some of you have We know that some of you have had issues with JADE, and that had issues with JADE, and that is why certain requests were is why certain requests were

not logged on time. not logged on time.

At this point, every single one At this point, every single one of you should have proper of you should have proper

access to JADE.access to JADE.

Caymanian Compass Caymanian Compass Editorial January 20, 2009Editorial January 20, 2009

[W]e really did not expect much in the way of responses until the end [W]e really did not expect much in the way of responses until the end of this month. We were delighted to see, then, that three responses of this month. We were delighted to see, then, that three responses

have already been received by our journalists.have already been received by our journalists.

……

We hope all government department information officers are as keen to We hope all government department information officers are as keen to deal with their FOI requests as [Garnet] Harrison. But the kudos do not deal with their FOI requests as [Garnet] Harrison. But the kudos do not

stop there. We have also already received responses from the Health stop there. We have also already received responses from the Health Services Authority information officer, Sharaine Chin, and from the Services Authority information officer, Sharaine Chin, and from the

Immigration Department information officer, Petula Twinn. Immigration Department information officer, Petula Twinn.

We thank all three of these information officers for embracing the We thank all three of these information officers for embracing the spirit of the Freedom of Information Law, which is basically to promote spirit of the Freedom of Information Law, which is basically to promote transparency of government. The provisions of the FOI Law would have transparency of government. The provisions of the FOI Law would have

allowed these three information officers to delay their responses, but allowed these three information officers to delay their responses, but they all came through in less than half of the time allotted.they all came through in less than half of the time allotted.

The Importance of The Importance of Updating JADE for the Updating JADE for the

Monthly Statistical ReportsMonthly Statistical Reports If you input or update requests after the If you input or update requests after the

date they were received we may miss date they were received we may miss them in the report.them in the report.

Our numbers will then not add upOur numbers will then not add up The number of requests received will not The number of requests received will not

equal the number of requests that have been equal the number of requests that have been closed plus those that are still open and still closed plus those that are still open and still in progress.in progress.

Eventually, there will be more decisions than Eventually, there will be more decisions than requests and there will be no way to fix this.requests and there will be no way to fix this.

Your Mandate by LawYour Mandate by Law24. The Information manager shall, in the monitoring and 24. The Information manager shall, in the monitoring and tracking computer system used by Government, keep a tracking computer system used by Government, keep a register of applications in electronic form which shall register of applications in electronic form which shall include but not be limited to-include but not be limited to-(a) an application number;(a) an application number;(b) the name of the applicant;(b) the name of the applicant;(c) the date of the application;(c) the date of the application;(d) a summary of the applicant’s request;(d) a summary of the applicant’s request;(e) the date the response was sent to the applicant;(e) the date the response was sent to the applicant;(f) a summary of the information provided, where (f) a summary of the information provided, where information was provided;information was provided;(g) where the application was refused, the specific clause (g) where the application was refused, the specific clause relied upon with an explanation of reasons; andrelied upon with an explanation of reasons; and(h) whether an appeal was filed and the outcome of that (h) whether an appeal was filed and the outcome of that appeal.appeal.

The FOI (General) Regulations, 2008The FOI (General) Regulations, 2008

Why You Must Track Why You Must Track RequestsRequests

To know what requests have been received and To know what requests have been received and whenwhen

To easily find out what the status of each request To easily find out what the status of each request isis Very important with more than one FOI staff memberVery important with more than one FOI staff member

To identify timelines for acknowledgement, To identify timelines for acknowledgement, response and delivery of recordsresponse and delivery of records

To demonstrate your performanceTo demonstrate your performance To avoid duplication of applicants and requestsTo avoid duplication of applicants and requests To quickly identify repeated or vexatious requestsTo quickly identify repeated or vexatious requests To audit the trail of actions takenTo audit the trail of actions taken

Very important for internal reviews and appealsVery important for internal reviews and appeals To ensure consistency in approach and responseTo ensure consistency in approach and response

What Exactly You Must What Exactly You Must TrackTrack

Receipt of request Receipt of request Clarification and other correspondence with the Clarification and other correspondence with the

applicantapplicant Formal acknowledgementFormal acknowledgement Decision that information is in the public domainDecision that information is in the public domain Refusal based on Section 9 of the FOI LawRefusal based on Section 9 of the FOI Law Transfers and split requestsTransfers and split requests Communication within your PA to get recordsCommunication within your PA to get records What records were gathered and where they areWhat records were gathered and where they are Review of records – legal opinion, exemptions, Review of records – legal opinion, exemptions,

redactionsredactions Estimate of fees and payment of feesEstimate of fees and payment of fees Formal decision of grant, refusal or deferral – in detail!Formal decision of grant, refusal or deferral – in detail! Formatting and provision of recordsFormatting and provision of records

Thank You! Any Thank You! Any Questions?Questions?

JADE