E. Bryan - The Proposed Jamaican Acces To Information Act (Part2) (ACARM Newsletter)

ACARM Newsletter
The Proposed Jamaican Access to Information

Legislation
This is the second of two articles by Emerson O. St. G. Bryan on the
proposed introduction of access to information legislation in Jamaica
Human Resources personal information irrespective of the format

that the information is in;
The need for the government to assess the
psychological impact of the Act on public officials • There must be procedures in place to ensure
was one of the many concerns raised. It has been protection, such as:-
pointed out that prior to the move towards allowing
access to public information, public officials were (a) physical measures, for example, locked
restricted from allowing such access under the filing cabinets and restricted access to
obligations of the Official Secrets Acts (1911) offices;
(1920). (b) organizational measures (for e.g.
Security clearance and limiting access
The recommendation made by the Jamaica Archives on a “need to know” basis); and
and Records Department (JARD) for the (c) technological measures (for e.g, the use
appointment of Information Resource Managers1 and of passwords and encryption devices).
suitably qualified support staff to spearhead,
co-ordinate and manage Records Management • Organizations shall make their employees
Programmes in the respective government entities aware of the importance of maintaining the
and to respond to requests under the legislation and confidentiality of personal information;
taking any action necessary to put the proposed
legislation into effect, should also be a prelude to an • Care should be used in the disposal [or
Access to Information legislation. destruction] of personal information, to
prevent unauthorized parties from gaining
Accountability and Security of Official access to information;
Documents
• Controlling access to work areas and
I maintain the position that if Freedom of equipment should be factored into the
Information/Access to Information is being looked ergonomics of the lay-out of the furniture,
at, Privacy and Information Security must also be partitions and equipment. Designating secure
address, as both legislation are complements of each areas and enabled workstations should be done
other). in consultation with the affected employee(s)
and the operations manager/office
The custodians of these personal records/data are manager/facilities manager, without giving too
ultimately held accountable for the protection and much away about the logistics of the set-up of
uses of the information, therefore a number of the work area and computer equipment.
safeguards must be in place:-
Records Management Committee
• Personal information shall be protected by
security safeguards appropriate to the level of It might be advisable to establish a Records Advisory
sensitivity of the information/document; Committee to advise, support and guide the
Information Resource Manager and serve as a link
• The security safeguards shall protect personal among the users (both internal and the public-at-
information against loss or theft, as well as large), members of staff working in the records and
unauthorized access, disclosure, copying, uses information unit (service provider), information
or modification. Organizations must protect technology unit, and senior management. This ➽
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ACARM Newsletter
committee should not be a large one, as it may defeat reproduced in its entirety, the respective government
the desired effect. Therefore, only members from authority should either allow the applicant/enquirer
essential areas within the organization and with the to view and then identify and request copies of
relevant background experience such as legal, specific or relevant sections of the document in order
financial, and strategic planning/policy making to limit unnecessary diversion of already limited
should be represented on the committee. The government resources.
Information Resource Manager would (of course) State of Documents to be released
automatically qualify for membership in this group.
It should be a policy that only ‘finished documents’
The main functions of the Records Management be released, as internal working papers may expose
Committee would be to assist in determining the too much of the government’s decision-making
information needs and requirements of records and process, reveal the personal opinions of the parties
information management unit/department within the involved in specific negotiations on behalf of the
organization. It should function in an advisory Government of Jamaica, may expose the existence of
capacity with managerial functions being retained by another document, which if discovered, may have
the Information Resources Manager. Meetings negative impact on Jamaica’s external relations with
should be held regularly to: debate on unusual or other countries or relevant organizations and
prominent requests for access to information functions of the country’s decision-making
(especially if the information borders or falls in the machinery, (especially for an organization whose
exempted categories) and so that the Information functions fall within the exempted categories), and
Resources Manager can inform the committee about would also leave the civil servants exposed and
any major changes in operations or direction. The would defeat the Westminster-Whitehall practice of
committee should also support requests for additional maintaining the anonymity of the civil servant.
funds for expanded physical facilities or additional
staff. Personnel Records of Civil Servants
Access to Information Procedures In cases where information is being sought from the
personal record of a civil servant by a member of the
Government organizations may make information on public, further exemptions or limitations on what
its policies and practices in a variety of ways. The exactly should or should not be released must be
method chosen depends almost entirely on the nature considered and justified by the applicant, e.g, health
of the organization’s business and other records must be kept strictly confidential, while
considerations. For example, an organization may information surrounding salary and personal assets
choose to make brochures available in its place of may be released at the discretion of the relevant
business, mail information to its stakeholder/users, holding authority/custodian of the information and in
provide online access via the Internet, or even keeping with the Jamaica Corruption (Prevention)
establish a toll free number/voice-mail account. Act.
Under the proposed legislation, public organizations
shall respond to an individual request within a period Costs and Charges of the Service
of thirty (30) days. The requested information
should also ideally be made available in a format that The re-allocation of staff, time and other resources in
is generally understandable. Specifically, in order to fulfil the obligations of the new access rights
instances where the organization uses abbreviations will automatically mean extra costs for the
or codes to record information, an explanation should organizations concerned. The format and volume of
be provided. I believe the best route of providing the information requested should be factored into the
access to documents would be to have a standardized costs for providing the information. It should also be
application form for the public service (this was the adopted public-service-wide that a standard be set for
approach taken by Trinidad and Tobago), however a providing information in certain formats, e.g:-
detailed/specific written request should also be
sufficient as an alternative to the form. (a) the costs for replication on paper, whether or
not it previously existed in another format;
Size of the Document/Information (b) the costs of reproducing documents on a page-
by-page basis; ➽
It must be recognized that if the document being
requested is considered too large or voluminous to be
ACARM Newsletter
(c) documents provided on diskettes and other its custody. It must also be the practice by those
non-paper mediums be charged according to government entities who have been lent records from
the actual cost of procuring the information other government entities, not to disclose/release/
(research) in addition to the cost of the publish information from lent records unless so
medium to the applicant. authorized by the original owner(s)/custodians of the
records. Owners of original documentation which
These cost implications are an important reminder may be found elsewhere in the government services
that providing information is not free, they also must be consulted when it is not specified or clearly
enable public authorities to offset the costs they will indicated within the document itself, that the
incur as a result of additional workloads associated document be replicated.
with providing an access to information service as
well as generate additional income for the Conclusion
organization.
While I did not get to go in-depth into the important
Management of Jamaica Government Official issue of intellectual property and access to
Records and the Proposed Access to Information information, I have analyzed the established best
Legislation practices in records management which would better
ensure the implementation and the survival/
With regards to official/public records, the practice maintenance of an access to information legislation
currently in place is that the Information Resource programme in the Jamaican public services. I would
Manager, as the relevant individual with overall recommend that the Jamaican Government go the
responsibility for the management of that ministry/ route of the British by establishing a ‘Code of
department/agency’s records, would conduct a Practice’, which will guide the applications of the
records review/inventory/audit of all active and Act and the disclosure of government information.
inactive files/records within the organization’s For instance, in order for an application for access to
storage areas/registries, in order to make a fair certain categories of records/information to be
assessment of whether it merits retention, if it is of approved, the relevant government authority/
continuing administrative, fiscal, legal or research authorities concerned must deliberate and then grant
value, or whether it should be preserved, if it has (or in some cases - refuse to grant) access along set
historical value, or whether it is to be destroyed. procedures such as the Public Interest2 test, and
Those records which are not scheduled for automatic within a certain time frame, dependent upon the
destruction after a fixed period of time are assessed agency concerned and the nature of the information
after a certain amount of years to determine if they involved. In cases where a refusal occurs, the
are of historical (archival) value or can be destroyed. applicant must be given provision to challenge that
Current criteria governing the closure (and in some decision. However, if it is felt by the custodians/
cases the retention) of inactive government records owners of the document/information that the release
are designed to protect against disclosure of state (or even the revelation of the existence) of a certain
records which could harm state national security, document/information might prove harmful to the
international relations, defence, and the economic interests of the Nation, the authority not to disclose
interests of the state; or if they reveal information that information must be invested in the head of that
that was given in confidence to the government, or particular government organization, even if the
which would distress or endanger individuals (and document does not qualify under the parameters of
possibly their off-springs) who might be affected the exempted documents category. While some may
negatively by the disclosure. The release of these argue that this will defeat the whole purpose of the
records would need to be specially addressed in the proposed Act, there must be provisions in place for
code of practice of the proposed Act. the protection of the interests of Jamaica.
These records may also be lent out to the other I will maintain the position that the institution of
respective branches of the government for a variety good records management practices in government
of administrative and research purposes. The fact organizations by themselves will not guarantee the
that these records are ‘away’ on ‘loan’ to another success of an Access to Information Legislation.
government authority does not relieve that authority There would need to be additional logistical,
(i.e., the receiving authority) of the responsibility to financial, and managerial/political support in order to
ensure that its contents are kept confidential while in ensure the better success of such an instrument of
authority. ➽
ACARM Newsletter
Bibliography Copy of the Bill presented to Parliament by the Rt.

Hon. Prime Minister, P. J. Patterson, entitled: ‘An
Document entitled: Open Government, by William Act to Provide to Jamaican Citizens and Persons
Waldegrave, MP, (1993 July), HM Printing Office, residing permanently in Jamaica, a general right of
(United Kingdom) (Cmnd. 2290); access to official records and for connected matters’;
(Jamaica);
The Freedom of Information Act (2000), Chapter 36;
(United Kindom); URL: http://www.hmso.gov.uk/ Copy of Ministry Paper dated 23rd November 1998
acts/acts2000/2000 0036.htm from Office of the Prime Minister entitled:
‘Proposals for a Freedom of Information Act (1998);
The Access to Information Act(1985); R.S. 1985, (Jamaica);
c.A-1; (Canada); URL: http://laws.justice.gc.ca/en/ Document entitled: Freedom of Information - A Door
A-1/8.html to Open Government (1996), Jamaica Printing
Services (1992) Limited; (Jamaica);
The Freedom of Information and Protection of
Privacy Act (1994) of the Province of Alberta, The United Nations Economic and Social Council
Chapter F-18-5 (with amendments in force as of (ECOSOC) document E/CN.4/RES/2001/47 dated
25/04/2001); (Canada) URL: http://www.gov.ab.ca/ 23rd April 2001, entitled: The Right to Freedom of
foip/legislation/oip_act t/index.ciiii Opinion and Expression;
The Freedom of Access to Administrative The Organization for American States (OAS), Inter-
Documents Act (1978); Decret 78-1136 (France); American Juridical Committee document entitled:
URL: http://www.legifrance.gouv.fr/texteconsolide/ ‘Right to Information: Access to and Protection of
FAHDL.htm / http://www.legifrance.gouv.fr/texte Information and Personal Data by Dr. Jonathan T.,
onsolide/PPEAV.htm Fried, rapporteur; OEA/Ser.Q;CJI/doc.45/1999 (1999
August 16th);
The Freedom of Information Act 5 U.S.C. 552, as
amended by Public Law No. 104-231, 110 Stat. 3048 Copy of the Submission made to the National
URL: http://www.usdoj.gov/oip/foia_updates/Vol_ Freedom of Information Committee by the Jamaica
XVII_4/page2.htm; Chapter of the Association of Records Mangers and
Administrators (ARMA International);
The Freedom of Information Act (1999); Act No. 26
of 1999; (Trinidad and Tobago); Copy of the Submission made to the National
Freedom of Information Committee by the Library
The Freedom of Information Act (1966); 5 U.S.C. and Information Association of Jamaica (LIAJA),
552; (as amended by Public Law No. 104-231, 110 (formerly the Jamaica Library Association (JLA));
Stat. 3048); (United States of America); URL:
http://www.usdoj.gov/oip/foia_updates/Vol_xvii_4/ Document: Freedom of Information? The Internet as
page2.htm Harbinger of the New Dark Ages by Roger Clarke;
FirstMonday ©, volume 4, number 11 (November
The Official Secrets Acts (1911) and (1920); Section 1999); URL: http://firstmonday.org/issues/issue4_11/
2 (1), (a), (c) and (1a); (Jamaica) clarke/index.html;
The Freedom of Information Act (1991); No. 20 of Contemporary British Politics, 2nd edition, by Bill
19991 of Southern Australia; (Australia); URL: Coxall and Lynton Robins (1994), McMilan Press
http://www.austlii.edu.au/au/legis/sa/consol_act/foia Ltd., ISBN 0-333-59324-3, (see Chapter 18 - The
1991222/ Secret State, Spycatcher (1986-8), pg. 345.
The Copyright Act (1993); (Jamaica); The Reform of the Finnish Constitution, by Seppo
Tiitinen, Secretary-General of Parliament, published
The Financial Administration and Audit Act (1970); by the Department for Press and Cultural Affairs of
(Jamaica); the Ministry of Foreign Affairs (1999), (Finland); ➽
The Archives Act (1982); No. 20 - 1982; (Jamaica);
ACARM Newsletter
The Final Report of the Joint Select Committee of Purpose of the Paper
the Houses of Parliament on Constitutional and
Electoral Reform (1995), Office of the Cabinet This paper seeks to highlight (though not in detail)
(OPM),(Jamaica); the possible implications that the Proposed Access
to Information Legislation will have on both the
Copy of Guidelines and Standards for Special public sector, and to a lesser degree, non-
Libraries in Jamaica (1987) by the Jamaica Library governmental entities, such as: Cable and Wireless
Association (now LIAJA); Jamaica, Jamaica Public Service Company Limited,
commercial banks etc. The paper also analyses the
Copy of Standards for Special Libraries (1964); various procedures that would need to be in place for
Special Libraries Association and the Jamaica the successful delivery of an Access to Information
Library Association; Service within these affected entities. Along these
lines, several documents and legislation from several
Copy of the Presentation made at the JARMA CARICOM and Commonwealth states were included
Breakfast Seminar on the 25th January 2001, by to better identify international best practices and
Miss Sandra P. Wright, CISA, CIA, CCP, CFSA, standards, which would ensure the establishment,
Computer Information Systems Auditor, maintenance and adherence of these standards.
Management Audit Department, University of the
West Indies. E-mail: Sandra_P_Wright@yahoo.com The approach used was, since the public service
or sanwrght@uwimona.edu.jm. would be the most affected sector, the research
centered around how the proposed legislation would
Author’s Profile affect current records management practices and
procedures and the way it (government) does
Emerson O. Bryan, is the Records and Information business with the people. Recent developments
Manager of the Ministry of Land and Environment, within the political/public service arena (namely:
prior to this, he worked as a Records Officer in both NetServe, Operation PRIDE/National Housing
the Information Systems and Records Unit and the Development Corporation (NHDC)), has awaken the
Human Resource Management Department of the public’s interest in the operations of the Government,
Ministry of Foreign Affairs and Foreign Trade. and the way it spends public funds. We can fully
Mr. Bryan has benefited from various courses, expect that the records of these entities (and indeed
seminars, lectures and training sessions in records, other public entities or entities with the state as its
document and information management. He is a majority stakeholder) will be scrutinized at some
graduate of the University of the West Indies time or the other by the ‘man on the street’, therefore
Certificate in Records Management Programme and it is timely that this piece of legislation will be
is currently in pursuit of his Baccalaureate at the passed (hopefully) with the appropriate guidelines in
University of the West Indies, Mona, majoring in place to regulate the disclose of the State’s
Library and Information Science and minoring in information assets. ■
Public Administration. In addition, He has also
pursued studies in Public Administration, also at the Endnotes
University of the West Indies and Computer Science ___________________
at the University of Technology, Jamaica.
1
This person is usually delegated by the civil head of
Mr. Bryan is an active member of Jarma - the the government entity (i.e, the permanent
Jamaican Chapter of the Association of Records secretary/head of department/CEO), who is the
Managers and Administrators (Arma International), accountable officer within the organization.
2
an associate member of Liaja - the Library and Which is weighting the possible threat that the
Information Association of Jamaica (formerly the release of any Official information might have on the
Jamaica Library Association JLA), an International domestic or international affairs of the State
Individual Member of the Association of
Commonwealth Archivists and Records Managers Disclaimer
(Acarm), and an enlisted member of the Jamaica
Defence Force Coast Guard (National Reserves). The views expressed in this document are
exclusively mine and do not necessarily reflect the
opinions of my employer the Government of Jamaica
or the Ministry of Foreign Affairs and Foreign Trade.

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ACARM Newsletter

The Proposed Jamaican Access to Information

Human Resources personal information irrespective of the format

Bibliography Copy of the Bill presented to Parliament by the Rt.

The Archives Act (1982); No. 20 - 1982; (Jamaica);

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