24 August 2023

To: All Media

FOR IMMEDIATE RELEASE

Information Commissioner Issues Decision 23/2023

Hamilton, Bermuda. On 17 August 2023, Acting Information Commissioner Answer Styannes issued
Decision 23/2023, Office of the Tax Commissioner (OTC). The Applicant had submitted a Public
Access to Information (PATI) request to the OTC for tax debt records.

The OTC’s internal review decision refused access to certain responsive records under the
exemption in section 34(1)(c) of the PATI Act (prejudice to fair trial). During the Information
Commissioner’s independent review, a Third Party objected to any of its records being disclosed
under the commercial information exemptions in sections 25(1)(a), (b) and (c) of the PATI Act.

In her Decision, the Acting Information Commissioner varied the OTC’s internal review decision,
finding that the OTC was not justified in relying on section 34(1)(c) and also confirmed that the Third
Party was justified in asserting that certain records that pertained to their business were exempt
under section 25(1)(c) (adverse effect on commercial interests). She also found that two records
identified during her independent review were responsive to the PATI request and must be
processed by the OTC.

As a result, the Acting Information Commissioner has ordered the OTC to disclose the non-exempt
parts of the records and to issue an initial decision on the newly identified responsive records on or
before Thursday, 28 September 2023.

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Editor’s Notes:
About the ICO
The ICO is an independent public office responsible for promoting the use of and overseeing
compliance with the Public Access to Information (PATI) Act 2010. The PATI Act gives the public a
right to access records held by Bermuda’s public authorities, subject to listed exemptions and
administrative grounds for denial of access. Individuals who are dissatisfied with the response of a
public authority may seek a review by the Information Commissioner. The Information
Commissioner shall investigate and the decisions by the Information Commissioner are legally
binding.

Orders and Enforcement

When the Information Commissioner issues decisions with accompanying orders, the decision is
filed with the Supreme Court, in accordance with section 48(3) of the PATI Act. If a public authority
fails to comply with her decisions and Orders, Information Commissioner Gutierrez will pursue
enforcement to safeguard the rights of PATI requesters and the public. To date, public authorities
either have complied or are working towards compliance with all the orders accompanying decisions
issued by the Information Commissioner.

Further information about the ICO is available at ico.bm.