FREEDOM OF INFORMATION (FOI)

Introduction to FOI

All Government authorities, companies and departments including the Information Commissioner’s Office (ICO) should be committed to openness, accessibility and compliance with the Freedom of Information Law, 2007.  The objectives of the law are to promote accountability, transparency and encourage public participation in the decision making processes of Government.

For further information relating to Freedom of Information at the ICO, or to request information, please contact.

How to make a Request for Information

The process for accessing information under the FOI Law is easy!  Detailed instructions are on the Cayman Islands Government FOI Unit’s website, which you can find by visiting www.FOI.gov.ky

1. Put your request in writing

   Put your request in writing (letter, fax, or email) to the Information Manager at the Public Authority you believe has the records you seek. If you wish, you may use the FOI Request Form The full list of Public Authorities, Information Managers and their contact information is located here.

2. Provide enough details to identify the records you seek

   Make sure you provide enough detail to allow the Information Manager to identify and locate the records you seek. While you do not have to tell anyone why you are making the request, sometimes providing more information will help the Information Manager answer your request more fully.

3. The Information Manager of the Public Authority will assist you if you need help filing your request.

   If you are not sure what to ask for, contact the Information Manager at the Public Authority for assistance or check to see if their Publication Scheme is available on paper or on their website which shows what types of records they hold.

4. Remember, you can only ask for “records”

   Make sure what you ask for is a record, which includes correspondence, emails, faxes, maps, plans, drawings, photographs, discs, tapes, sound tracks, film, microfilm or other media in which information is stored. If, for example, your request starts with:

   • “Explain to me why…”
   • “Prove to me that….”
   • “Show why the Public Authority did…”

   …it probably is not a request for records; it is a request for answers.  Under the FOI Law, a Public Authority must only respond to requests for records.  It does not mean that your questions are not important, but that your rights under the FOI Law, including the right to a response, are enforceable only as they pertain to records.

5. The Public Authority may charge a fee for responding to your request

   You may be charged a fee, but you can request that the fee be waived if you are unable to pay or for any other good reason. Once you have paid your fee, the Public Authority must disclose the records you requested within 14 days.

6. The FOI Law requires the Public Authority to respond to your request in 30 days

   You can expect a response to your records request within 30 days, or in 60 days, if the Public Authority has taken a 30-day extension because it reasonably requires more time to respond. You should be advised in writing if the Public Authority needs to take a time extension.

7. The Public Authority may refuse access to some or all of the records

   Under the FOI Law, a Public Authority is entitled to withhold certain information in certain circumstances. In those circumstances, you must be told the reasons why and the legal authority for doing so (ie. what exemption under the Law is being applied).

8. You may appeal the matter if you are unhappy with the response you receive from the Public Authority

   If you are denied access, do not receive a response or believe the Public Authority has mishandled your response you may file an appeal. Please refer to our Appeals Form

FOI Information Request Form

• FOI Request Form

ICO Request Disclosure Log

• ICO Request Disclosure Log 2009

Cost to make an FOI request

There shall be no fee for inspection of an FOI record within a Public Authority.  However, a requestor may be required to pay reproduction and disbursement costs.  Details concerning costs and payment are contained in the FOI Regulations.

Classes of Information held by the ICO

A class of information is a way of collecting together similar types of information. The Information Commissioner’s Office holds records in two broad categories; Operational Records and Administrative Records . Below we have listed the functions, activities and record series’ from our file plan. If you are intending to make a request, the following classes of information will help you explain more precisely which records you are seeking, or where the information may be found.

OPERATIONAL RECORDS

Appeals Management

The Information Commissioner’s Office hears and rules on appeals filed under the FOI Law.

Mediating Open Appeals

• Closed Appeals

Hearing

• Decisions 2009-2010
• Registrar’s Files
• Commissioner’s Hearing Binders
• Judicial Review

Advising

• Public Authorities
• Applicants
• 3rd Party Information

Policy

• Intake Policies
• Hearing Policies

Compliance Management

The Information Commissioner’s Office is tasked with monitoring and reporting on the compliance of public authorities with the FOI Law. It is also empowered to conduct investigations.

Reporting

• Annual Reports
• Quarterly Reports

Investigating

• ICO Initiated Investigations
• Records Management Investigations

Advising

• Public Authorities

Training

• Public Authority Network Meetings
• ICO Training Courses

Promotional Management

The Information Commissioner’s Office is required to publicise the requirements of the FOI Law and the rights of individuals under it.

Promoting

• Right to Know Week
• Cayman Brac ICO

Educating

• School Presentations
• Service Club Presentations
• Public Education

Publishing

• ICON Newsletter
• Rack Cards

Secretariat Support

The Information Commissioner’s Office holds records related to its involvement in groups and committees that review and advise on various Laws.

Advising

• Data Protection Working Group
• Law Reform Committee

Establishing

• FOI Law
• FOI Regulations
• PSML & PFML

Reviewing

• Law Reform Recommendations

Research & Development

• Research of International Laws
• International Correspondence
• FOI Seminars

ADMINISTRATIVE RECORDS

Buildings, Equipment & Vehicles

Administering the agency’s material resources; managing agency buildings, equipment and vehicles to facilitate normal business operations; acquiring and maintaining premises that are built, purchased or leased by the public sector agencies; acquiring and maintaining equipment and stores-major and minor; acquiring and maintaining most types of vehicles operated by the public sector agencies.

Includes capital project management, motor vehicle accident reporting, hiring, leasing and security activities.

Capital Projects

• Renovations
• Installations

Leasing

• Premises

Maintenance

• Building Maintenance
• Janitorial Services

Inventory Management

• Goods Received Notifications
• Warranties & Instructions

Security

• Security Systems

Policy

• Building, Equipment & Vehicle Policies

Planning

• Hazard Management
• Building, Equipment & Vehicle Plans

Communications

Administering the agency’s relationships with its clients, Government and the public; maintaining customer relations and handling complaints; managing government relations with the Governor, Ministers and Members of the Legislative Assembly; contributing to formal inquiries or investigations, developing public relations through community events, media campaigns and official functions; designing and producing publications in any format (e.g. paper, online, multi media).

Includes customer service, marketing and promotional activities. (Please Note: records related to our operational function of promoting FOI and the ICO will be located in Promotional Management)

Advising

• Cabinet Office
• FOI Unit
• Legislative Assembly
• Ministry

Advertising

• Newspaper Advertising
• Radio Advertising
• Television Advertising
• Online Advertising
• Magazine Advertising
• Telephone Directory

Contributions

• Articles
• Press Releases

Complaints

• Customer Service
• Internal Complaints Log

Media

• Media Protocols
• Media Correspondence

Financial Management

Administering the agency’s monetary resources; managing funds allocated through Cabinet-purchased outputs and other revenue, such as grants, interagency charging, trading or investments; establishing internal controls and procedures for financial management; operating accounting systems; financial planning and budget management.

Include; procurement, audit, asset management and financial reporting activities.

Accounting

• Accounts Payable
• Banking
• Ledgers & Journals

Acquisition

• Asset Management
• Asset Register
• Tendering Exercises

Auditing

• Monitoring

Budgeting

• Budget Preparation
• Budget Implementation

Planning

• Agency Wide Plans
• Meetings

Policy

• Administrative Circulars

Remuneration

• Payroll
• Acting Allowance
• Portfolio of the Civil Service

Reporting

• Monthly Reports
• Half Yearly Reports
• Annual Reports

Human Resources Management

Administering the agency’s human resources; establishing new positions; recruiting and transferring personnel; managing salaried, waged and volunteer staff, employed under the Public Service Management Law 2005 or General Orders, and the Public Service Pensions Law; developing staff skills through training and other programmes; reviewing remuneration and employment conditions; ensuring the health and safety of staff and visitors to the agency’s premises.

Includes; arrangement for staff travel, performance management and workplace relations activities.

Recruitment

• Job Descriptions
• Advertisements
• Recruitment Exercises
• Unsuccessful Applicants

Staff Administration

• Appointments
• Official Travel
• Moratorium Exemptions
• Leave

Development & Training

• Internal Training
• Short Courses
• Implementation Planning

Performance Management

• Agreements & Assessments

Planning

• Customer Service Policy and Procedures
• HR Plans
• Succession Planning

Policy

• Administrative Circulars
• HR Manuals

Workplace Relations

• Staff Events
• Staff Retreats

Reporting

• TRS Monthly Reports
• TRS Annual Reports

Information & Technology Management

Administering the agency’s information resources and systems; designing, procuring and implementing systems for managing and communicating business information; maintaining and disposing of software or hardware; creating or acquiring, storing and disposing of information resources; providing reference services and handling Freedom of Information requests; developing policies, tools and procedures for managing technology and information.

Includes: records management, and technical intranet or website maintenance activities as well as telecommunications providers correspondence.

Freedom of Information

• Publication Schemes
• Cases
• Implementation
• Training
• Laws & Regulations

Maintenance

• IT Maintenance

Policy

• Administrative Circulars
• Records Management Policies

Planning

• Hazard Management

Records Management

• CI National Archives
• File Management
• Security & Tracking

Telecommunications

• Telephone
• Web Hosting
• Computer Services Department

Strategic Management

Administering the agency’s operations at the organizational level; developing business plans and corporate policy; setting long-term goals and objectives; evaluating the agency’s overall performance and progress towards established targets; managing programs to improve business processes and ensure consistent service delivery; preparing or revising laws and other regulatory instruments that affect the agency’s functions and responsibilities; obtaining legal advice from external sources.

Includes; executive support, internal policy development, corporate planning and annual reporting activities.

Advising

• Legal Advice
• Cabinet Office
• Ministry
• Legislative Assembly

Contributions

• Throne Speeches
• Government Reports
• Parliamentary Questions

Policies

• Internal Policies
• National Policies
• Administrative Circulars
• Postal Services Circulars

Planning

• Operational Plans

Proceedings

• ICO Team Minutes
• Ministry Meetings
• Legislative Assembly Meetings
• Complaints Commissioner Meetings
• Auditor General Meetings

Reporting

• Quarterly Reports
• Annual Reports

Publication Scheme

The ICO, in accordance with the FOI Law, publishes a publication scheme which outlines who we are, what we do and what type of information we hold. It is intended to help the public identify the type of records it would like to access.

The publication schemes for the Cayman Islands government are published on an annual basis each January in the Cayman Islands Gazette. While the schemes themselves are only formally updated once a year, all the information contained in the scheme is listed on this website. Updates to the website are made frequently to ensure that the information is current and relevant. The document library section of this website, lists and links you to various policies, manuals, administrative papers and operational procedures.

You can download a copy of our publication scheme below.

• ICO Publication Scheme 2010

Annual Report

To view the Cayman Islands Government’s Annual Report:

• Click here

Annual Budget

To view the Budget allocated to the Information Commissioner’s Office please follow the link:

• Click here