Right To Know Week 2015

Statement by the Acting Information Commissioner, Mr. Jan Liebaers

Reflections on Freedom of Information in the Cayman Islands

On September 28th the Cayman Islands joins more than100 jurisdictions around the world in a celebration of the Right to Know. Thousands of people on all six continents use their access rights under Freedom of Information (FOI) laws to gain access to information that is important to them, and make their governments more open and accountable. Now that our own FOI Law has been in effect for more than 6 ½ years, and we join the global community in celebrating our right to know, this is an opportune time to briefly reflect on the state of FOI in the Cayman Islands.

A few months ago, the Centre for Law and Democracy gave exceedingly high marks to the Cayman FOI Law which has justly been praised as a model for the Caribbean and beyond. In support of the FOI Law the Cabinet Office recently provided much-needed training to Information Managers and public officers. It is also now preparing to give the FOI Unit a fresh start by hiring staff to ensure this critical service continues to be provided.

The number of requests made to government is rising steadily, and the Press is overflowing with important stories on subjects such as the quality of public education, the justice system, hiring and employment practices, gun ownership, to name but a few. These issues would be all but impossible to write or research without FOI. Hundreds of other, more personal stories never reach the front pages, but are equally important to the persons who need answers from their government and – in many cases- have a right to know, thanks to FOI.

That being said there may be some dark clouds on the FOI horizon, some of which are already dropping a few raindrops on our heads.

The Information Commissioner’s Office has remained without an appointed Information Commissioner for almost two years, and there is no indication when, or even if, a new Commissioner will be named. This is not a ceremonial position, but one that involves the judicious exercise of significant power, crucial to the overall operation of the FOI regime. While I think it is fair to say that the ICO team and I have done a credible job in the last 21 months, the absence of an appointed Commissioner undermines the workings and credibility of the ICO and the Law. For instance, because the office is so small this single, critical vacancy greatly impedes the ICO’s capacity to conduct proactive compliance investigations, thus allowing greater leeway to government in how it chooses to handle requests for access.

The FOI Law itself has been in the news more than expected in the last year, not least because of the plans of the Cabinet to amalgamate the ICO with a number of other oversight bodies.   In my opinion these plans are ill-conceived at best. The general public, the ICO and the Office of the Complaints Commissioner deserve better. The independence of the oversight bodies should not be encroached upon, and what little (if any) savings could result from this scheme is surely not worth the risk of undermining the trust which the public has cautiously invested in us over so many years. In the end it will be for the lawmakers to decide whether and how to amend the FOI Law and the principles that underpin it, but I would ask that, before any changes are made, each of us carefully consider the important democratic rights that are invested in the Freedom of Information Law: government openness, accountability and public participation in decision making.

While these discussions continue to reverberate, the work of Information Managers, Chief Officers and the staff of the Information Commissioner’s Office goes on much as before, as we continue to ensure that the public gets what it is entitled to: either the information asked for, or an explanation under the law why that information should be exempted from the general right of access that is guaranteed in the FOI Law.

So let us celebrate the many successes of FOI, but also recognize that eternal vigilance remains the price of liberty!