Deputy commissioner notes some jurisdictions can take up to 5 years to implement freedom of information
NASSAU, BAHAMAS — Information Commissioner Keith Thompson yesterday announced 10 government ministries and agencies that will be first to facilitate the Freedom of Information Act (FOIA) as part of its phased implementation.
However, he made clear that the road to the public requesting and accessing records remains a “mammoth task”.
The 10 agencies to be among the first include the Ministry of Finance, Ministry of Health and Wellness, Ministry of the Environment, Ministry of the Public Service, Ministry of Public Works, the Department of Public Prosecutions, the Bahamas Investment Authority, the Treasury Department, Bahamas Power and Light and the Department of Immigration.
Information, as we all know basically right now, with the exception of some digitization that is going on now, is still very paper-based.
– Deputy Information Commissioner Shane Miller
Deputy Information Commissioner Shane Miller said: “We have decided to start with these 10 agencies and as the process for training all of these agencies…there is a lot of reform that has to take place in the civil service as a whole.
“Information, as we all know basically right now, with the exception of some digitization that is going on now, is still very paper-based.
“So, we are going through an assessment process.
“We have sent out forms for each of these agencies to fill out as to where they are with their records management so we can assist the entire public service as to advising and finding out where we are so we can get the records up-to-date to be able to bring FOIA to a point where [it] can be properly implemented.”
Miller acknowledged that other jurisdictions have taken five years after the act has passed, in some instances, to implement freedom of information.
Miller said he would like to think The Bahamas’ clock on FOIA began ticking when the commissioners were appointed in May 2021.
He said an aggressive campaign has been launched with the Attorney General’s Office and other government agencies to bring it to fruition as soon as possible, with government readiness being a “major factor”.
Meanwhile, Thompson underscored that access to information is not intended to cause scandal for political leaders and does not represent the public against the government or the government against the public.
As to how the government will ensure access, Thompson said the government is working hand in hand with the Office of the Commissioner.
He said to this end, information managers, who will be trained, will be designated to each government ministry and agency.
Requests for information, upon acknowledgment of the request from the information manager, should be complied with and granted or denied within 30 days, though the act builds in processes and conditions for an extension of time.
There will be a fee for the provision of records, which will be posted in the FOIA regulations.
There is also a process of appeal, in cases of denial, to the information commissioner and ultimately the Supreme Court.
A tracking system is also being designed to allow individuals to request information from a central website, according to the deputy commissioner.
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