The PATI Act grants every Bermudian and Bermuda resident the right to request access to records held by a public authority. A ‘record’ under the PATI Act includes information recorded in any format. A PATI request is a written request for access to a record held by a public authority. The PATI Act grants every Bermudian and Bermuda resident the right to request access to records held by a public authority. A ‘record’ under the PATI Act includes information recorded in any format. A PATI request is a written request for access to a record held by a public authority.
The PATI Act clearly outlines certain timelines that both Applicants and public authorities must observe during the PATI process:
Acknowledge of request for access: 5 working days. Public authorities are obligated to acknowledge receipt of a request within five working days of receiving the request.
Initial decision on request & extension of time: 6 weeks. The PATI Act requires this decision be issued to the Applicant no later than six weeks after receiving the request. The PATI Act also sets out specific reasons and procedures that allow a public authority to extend the time period to process the PATI request by another six weeks before issuing its initial decision.
Request for an internal review: 6 weeks. If an applicant is not satisfied with the initial decision, they have the right to request an internal review decision within six weeks of receiving the initial decision. The internal review that must be conducted by the Head of Authority.
Internal review & third party notifications: 6 weeks. Once the public authority receives the request for an internal review, the Head of Authority has six weeks to make their decision.
Application for review by the Information Commissioner: 6 weeks. An applicant or a third party may apply for an independent review by the Information Commissioner if they are not satisfied with the internal review decision that they received from the Head of Authority or they did not receive the internal review decision within the six week timeline. The request for review must be submitted to the Information Commissioner within six weeks of the Applicant or third party receiving their internal review decision or if the deadline for them to receive one has passed.
