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Making a Request

Internal Procedures

These internal procedures describe the steps to be taken by Portfolio of Internal & External Affairs employees if they receive a request for information. They are intended as internal guidance only. These procedures apply to the following sections within the Portfolio:

  • Deputy Governor's Office
  • Deputy Chief Secretary's Office
  • Parole Commissioners Board
  • Prisons Inspection Board

Each section must identify the appropriate staff member that will carry out the tasks listed in the Schedule to these procedures. The procedures adopted enable the Portfolio of Internal & External Affairs to comply fully with the requirements of the Freedom of Information (FOI) Law.

Who is our Freedom of Information Manager?

Ms. Kathryn Dinspel-Powell, Assistant Deputy Chief Secretary (General Division) is also the Freedom of Information Manager and Ms. Betty-Ruth Ebanks is the Freedom of Information designate and will be processing requests in the absence of the FOI Manager.

Ms. Allyson Minus-Philips is the Records Officer and will also be involved in processing FOI requests, and may contact you to request that you provide them with documents/records/files etc.

What does Freedom of Information mean for our Portfolio?

The Freedom of Information Law 2007 (“the Law”) comes into effect on 2nd January, 2009. This Law gives the public a new right of access to information held by public authorities in the Cayman Islands.

As one of the many public authorities covered by the Law, the Portfolio is responsible for ensuring that the public has access to information held in all forms. The right to access is not unlimited, there are exemptions, some of these exemptions relate to the disclosure of:

  • Personal information;
  • Information that prejudice security, defence or international relations;
  • Information that would endangers someone’s physical or mental health or safety;
  • Information that would facilitate the escape of a person from detention or jeopardize prison security

Some of these exemptions are not absolute and may be subject to the ‘public interest’ test. This broadly means that even if the information requested falls under an exemption, if it is in the public interest to release the information, then it may be released under the public interest test.

Section 6(5) of the Law provides that where the factors in favour of disclosure and non-disclosure are equal, the doubt is to be resolved in favour of disclosure. The public interest test is defined under Section 2 of the Freedom of Information (General) Regulations, 2008 (“the Regulations”):

Identifying a Freedom of Information Request

Every written request for information/records/files/documents received by mail, email, fax or in person is considered a Freedom of Information request unless it is a request for information that is already in the public domain. Information in the public domain is information that is available for purchase or is already generally made available to the public.

Please note that not every request for information is to be handled as an FOI request. Information that is already generally provided to the public should continue to be provided as normal.

How can a request be made?

An FOI request must be in writing and must include a name (this does not have to be their real name), contact information, and a description of the information they are requesting. An applicant is not required to state that they are making a request under the FOI Law. The Department must respond to a request within 30 calendar days of receipt of the request by either granting or refusing access to the information requested. Calendar days include weekends and holidays. Fees may be charged for FOI requests and these will be outlined in the FOI Regulations.

A request can be made by any person, anywhere in the world. A person does not have to be an adult to make an FOI request, they do not have to give their real name, nor do they have to give any reason for making an application.

An application must:-

  • Have a name
  • Be made in writing (email, fax, letter or filling out an FOI request form). A FOI request cannot be made over the telephone.
  • An address to which notices and information can be sent
    • The address should be a full postal address. Ideally, a request should also contain a phone number and email address in order to contact the requestor as quickly as possible if there are questions regarding the nature of the request.
  • The date the application is submitted
  • Contain enough detail to allow the information sought to be identified
  • Form of access preferred (photocopies, view original documents, etc)

If a person makes an application for their own personal information, they MUST produce identification so that the Department can be sure it is disclosing the information to the right person.

Personal Information

A person may make a request for their personal information, or make a request for third party information (someone else’s personal information).

Where a person makes a request for their personal information they must provide photo identification confirming that he or she is the person to whom the information relates. Acceptable identification for a person requesting their personal information at this time is a valid Driver’s Licence or valid Passport.

If a requestor is not in possession of one of the above mentioned ID’s please contact the Information Manager before accepting the FOI request.

When making a request in person for personal information, the staff member accepting the FOI request should confirm the requestor’s identity, make a copy of the identification and attach it to the FOI request form.

Where the requestor is not the person to whom the personal information relates, the person applying for the information must provide sufficient proof that he or she has the authority to request and be granted the information. Acceptable identification under Section 13(2) of the Regulations include, but is not limited to-

  1. A power of Attorney;
  2. A court order;
  3. Probate or letters of administration; or
  4. Written authority by a next of kin to whom the information relates to apply for and gain access to the information.

In such instances all requests should be referred to the Information Manager before accepting a request for personal information of a third party.

What should I do if I receive an FOI Request?

If you receive a request for information under the FOI Law you MUST date stamp the request on the date that it is received by the Department.

The request MUST be delivered to the FOI Manager or the FOI Designate (if the FOI Manager is out of office, i.e. annual leave, sick leave etc) as soon as possible, but in any event NO LATER than 2 working days from receiving the application.

There are very strict guidelines under the Law that define the timeframe that FOI requests must be dealt with. Therefore, it is extremely important that if you do receive a FOI request that you pass it to the FOI Manager. If you are in any doubt whether you have received a request for information under the FOI Law please contact the FOI Manager immediately for clarification.

A requestor may make an FOI request in person. FOI request forms will be available at the Ambassador desk, and the Work Permit Reception (forms may also be distributed in other sections as deemed necessary). If a requestor turns in an FOI request form to you, you must confirm that the form has at the minimum a name and an address. If that is the only contact information that the requestor has put down, please inquire of them whether they would also like to provide an email address or telephone number, as the FOI Manager will be able to contact them more quickly if there are any questions regarding the request.

Expedited Requests

The Regulations now provide for expedited service of FOI requests, this means that the information requested must be provided to the requestor within 10 calendar days. If a person attends personally to submit a FOI request and asks for expedited service, please contact the Information Manger as expedited service will only be provided in specific circumstances and can only be approved by the Information Manager.

Collection of Fees

While there is no fee to make a request for information or to view the information requested at our office, the Regulations do provide for the collection of fees for reproducing information. For example, we may collect fees for providing photocopies, audio tapes or CD’s of the information requested. Fees may also be collected from persons overseas and it is anticipated that the Portfolio will collect those fees in the form of a bank draft.

Remember!

  • The Freedom of Information Law comes into effect on 2nd January, 2009
  • The Law gives the public the right to request any information.
  • Good records/file management will make it easier to respond to requests.
  • The clock starts ticking as soon as you receive a request in writing
  • ANYTHING that you record in written, audio or visual form may one day be the subject of an FOI request. This includes, but is not limited to file notes, notes written on post-its, handwritten notes made on a document, drawings and emails. Therefore, please ensure that you keep professional and accurate files/documents/records/emails/file notes etc.
  • Section 55(1) of the Law states:

    “a person commits an offence, if in relation to a record to which a right of access is conferred under this Law, he-

    • alters or defaces;
    • blocks or erases;
    • destroys; or
    • conceals

    the record with the intention of preventing its disclosure.

  • Section 55(2) provides:

    “a person who commits an offence under subsection (1) is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

     

Please note that the Information Manager is willing to meet with any member of the public (including staff members) to discuss a request if needed. If a requester wishes to make an appointment with the Information Manager they may do so by calling (345) 244-3179

Last Updated: 2009-07-31

This website forms the Computer Services Department e-publication scheme, developed in compliance with Section 5 of the FOI Law