Caribbean News Now!

By Juan McCartney
Nassau Guardian Senior Reporter

NASSAU, Bahamas -- The proposed Freedom of Information Act (FOIA) in The Bahamas has wide restrictions regarding what type of information is actually considered free.

The FOIA legislation, tabled in the House of Assembly on Wednesday, considers information to be anything contained in maps, plans, graphs, drawings, photographs, and on any other device on which data can be recorded.

While the FOIA would provide the framework to allow anyone to ask any public institution for information without giving reasons, the language determining what is “exempt” from the act is wide ranging and would allow public institutions the ability to withhold information in a variety of circumstances.

Under the FOIA, public institutions would be required to respond to applications for information within 30 days of receipt.

The institution would also charge a “reasonable fee” that would not exceed the cost of searching for, reproducing, preparing and communicating the information.

The FOIA does not apply to the judicial functions of a court or the holder of judicial office.

It also does not apply to the strategic or operational intelligence gathering activities of the Royal Bahamas Police Force, Royal Bahamas Defence Force, the Department of Customs, the Department of Immigration and the Financial Intelligence Unit.

Records that would prejudice the security, defence or international relations of The Bahamas would be considered exempt from disclosure.

Any record that involves an “unreasonable disclosure” of personal information of anyone living or dead would also be exempt under the FOIA.

Records relating to law enforcement would be exempt from disclosure if they could jeopardize a person’s life or safety.

Records that could affect the conduct of an investigation or prosecution of any person, the trial of any person or the security of any prison would also be considered exempt from disclosure.

Records that are considered privileged with regard to legal proceedings would be considered exempt as well, as would any documents that would breach attorney-client privilege or could possibly constitute contempt of court.

Any document that could be construed as violating parliamentary privilege would also be exempt.

Records that contain opinions, advice or recommendations prepared for Cabinet or a Cabinet committee are not eligible for disclosure.

Documents that would prejudice the commercial interests of any person or organization by disclosing trade secrets would also be exempt from disclosure.

Any document that would result in the destruction, damage or interference of any historical, archaeological or anthropological resource would be exempt from disclosure, as would any record that could harm any endangered, threatened or otherwise vulnerable animal or plant life.

Records, which if disclosed, “would endanger the physical or mental health…or safety” of an individual would be exempt as well.

The FOIA also prevents the release of records that contain any defamatory matter or would be considered in breach of intellectual property rights.

Applicants would be able to apply to the chief officer or the minister responsible from any public institution to review a refusal to disclose a record because it is exempt.

The FOIA will allow for the governor general to appoint an “information commissioner” for a term of five years who would report to Parliament.

FOIA allows for appeals to be made to the information commissioner when a public institution declares records exempt and all other attempts to obtain them have been exhausted.

If an applicant or the public institution is not satisfied with the information commissioner’s decision, either party could ask the Supreme Court to conduct a judicial review of the decision.

The Freedom of Information Bill comes four years after the Free National Movement promised it in its 2007 manifesto.

Republished with permission of the Nassau Guardian http://www.thenassauguardian.com

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