{"kind":"expression","expression":{"expr_id":"2166","doc_id":"2166","label":"Freedom of Information (Amendment) Bill, 2018","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2018\/38\", \"expression\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01.pdf\"}, \"pdf\": {\"md5\": \"a38b30cc29ac5f4e20928dfb30f95cc8\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0038\/2018-0038.pdf\", \"pages\": 17, \"filename\": \"2018-0038.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 4816, \"paragraph_count\": 32, \"text_char_count\": 29289}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-07-18\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Gazette No. 81 dated 24th October, 2018. A BILL FOR A LAW TO AMEND THE FREEDOM OF INFORMATION LAW (2018 REVISION) TO CLARIFY AND MODIFY THE SCOPE OF ACCESS AND RESTRICTED ACCESS TO CERTAIN EXEMPT RECORDS UNDER THE LAW; AND TO MAKE PROVISION FOR INCIDENTAL AND CONNECTED PURPOSES The Freedom of Information (Amendment) Bill, 2018 The Freedom of Information (Amendment) Bill, 2018 THE FREEDOM OF INFORMATION (AMENDMENT) BILL, 2018 MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Freedom of Information Law (2018 Revision), the \u201cprincipal Law\u201d, by clarifying and modifying the scope of access, and restricted access, to certain exempt records under the principal Law and to make provision for incidental and connected purposes. Clause 1 of the Bill provides the short title and commencement. Clause 2 seeks to amend section 2 of the principal Law by deleting the definition of \u201cMinister responsible\u201d, and substituting a definition for \u201cMinister\u201d to mean the \u201cMinister or the Official Member responsible for a public authority that holds a record\u201d. Clause 3 seeks to amend section 3(1) of the principal Law to make provision for the Law to be applied to the Governor\u2019s office but excludes records to which the Law does not apply under section 3(5)(d). Clause 3 also seeks to amend section 3(5) of the principal Law by providing that the Law does not apply to the Cayman Islands Stock Exchange, or to records obtained or created by the Office of the Ombudsman in the course of carrying out its functions, with both exemptions being subject to subsection (6). Clause 3 further seeks to amend section 3 by amending subsection (6) to further provide for the application of the Law to the records of an administrative nature held by the Cayman Islands Stock Exchange or the Office of the Ombudsman. Clause 3 seeks to amend section 3(8) by including the entities charged with responsibility for customs and immigration matters, Her Majesty\u2019s Cayman Islands Prison Service, the Financial Reporting Authority and the Tax Information Authority within the scope of \u201csecurity or intelligence services\u201d, to which the Law does not apply. Clause 4 seeks to amend section 5 of the principal Law to provide that the information to be published by an authority shall include such particulars as may be prescribed. Clause 5 seeks to amend section 6 of the principal Law to permit the extension of the exemption by the Ombudsman where it can be demonstrated that it reasonably continues to apply to the record. The provision also seeks to amend the principal Law by expanding subsection 4(b) to provide that where a record is, The Freedom of Information (Amendment) Bill, 2018 among other things, available to the public in accordance with administrative procedures established for that purpose then access shall be provided in accordance with those procedures. Clause 6 seeks to amend section 7 of the principal Law by inserting subsections (3A)  and (3B). The new subsection (3A) makes provision for the applicant to consult with the public authority with a view to reformulating the application where the applicant has failed to provide sufficient details to identify the record that the applicant is seeking to access. The provision was formerly section 11(1). The new subsection (3B) provides for the thirty day timeline to be suspended during the period of consultation and reformulation of the application. Clause 6 further seeks to amend section 7 of the principal Law to provide that where under section 7 a decision of the public authority is taken by or in consultation with a Minister, it is the chief officer or other officer superior in rank to the information manager that must be noted on the decision. Clause 7 seeks to amend section 8 of the principal Law by shortening the period of time that a public authority has to transfer a request to another public authority, from a period of fourteen days to a period of ten days. Clause 8 seeks to amend section 11 of the principal Law to, among other things, repeal subsection (1) which now appears in section 7 as the new subsection (3A). Clause 8 further seeks to amend section 11(3) by clarifying that a public authority is required to inform the applicant of its decision to defer, within the timeframe provided for under section 7(4)(a). Clause 9 seeks to amend the principal Law by repealing section 14(2). The subject matter of the provision will be more appropriately provided for under the Data Protection Law, 2017 upon its commencement. Clause 10 seeks to amend section 17 of the principal Law to provide, among other things, that legal advice given by or on behalf of the Attorney General or the Director of Public Prosecutions is an exempt record. The clause also provides that records which are protected by legal professional privilege shall be exempt without any limitation as to time. Clause 11 seeks to amend section 18 of the principal Law to remove the reference to \u201cofficial\u201d record. The Freedom of Information (Amendment) Bill, 2018 Clause 12 seeks to amend section 19 by repealing and substituting subsection (1) to provide that records of opinions, advice, recommendations, consultations or deliberations are exempted if they are provided for or arise in the course of proceedings of Cabinet or the National Security Council, or if they are provided for the Governor or a Minister to formulate or develop government policy. Clause 13 seeks to amend section 20 of the principal Law by deleting subsection (1)(c) which is the exemption provision which protects legal advice given by the Attorney General or the Director of Public Prosecutions. The provision is now included in the provisions set out in section 17(1). Clause 14 seeks to amend section 23 of the principal Law by making it clear that a record is exempt if its disclosure would involve the unreasonable disclosure of personal information of any natural persons whether that person is alive or not. Additionally, the clause provides in a new subsection (5) that in determining whether the disclosure of third-party personal information would be reasonable, consideration should be given to whether the disclosure would be permitted under the Data Protection Law, 2017. Clause 15 seeks to amend section 25 of the principal Law by requiring that where a certificate in respect of an exempt record is issued by the Governor or the Minister, the Ombudsman shall be notified, and by making minor changes as a consequence of the change in definition of \u201cMinister responsible\u201d to \u201cMinister\u201d. Clause 16 seeks to amend section 26 of the principal Law by inserting a new subsection (3) which provides that notwithstanding that a record is exempt from disclosure, access shall be granted to personal information where disclosure would be required under the Data Protection Law, 2017. Clause 17 seeks to amend the principal Law by repealing Part IV which deals with the amendment and annotation of records and is inclusive of sections 28 through 32. This will remove references to amendment and annotation of personal data which will be dealt with under the Data Protection Law, 2017 when it comes into force Clause 18 seeks to amend the principal Law by repealing and substituting section 33 in order to amend the provisions governing the application for internal review by removing reference to personal records which will be dealt with under the Data Protection Law, 2017 when it comes into force. Clause 19 seeks to amend section 34(1)(a) of the principal Law by providing that the chief officer, in consultation with the Minister, may conduct an internal review. This is an alternative to the Minister conducting the internal review in The Freedom of Information (Amendment) Bill, 2018 relation to records exempt on the basis of national security, law enforcement and the national economy. Clause 20 seeks to amend section 40 of the principal Law by repealing subsection (2)(c) as it relates to matters that pertain to applications for personal records which will be dealt with under the Data Protection Law, 2017 when it comes into force. Clause 21 seeks to amend section 42 of the principal Law by giving the Ombudsman the discretion to refuse to consider appeals which in the opinion of the Ombudsman are frivolous or vexatious. The provision also requires the Ombudsman to give reasons for the decision. Clause 22 seeks to amend section 43 of the principal Law by, among other things, inserting a new subsection (5) setting out that the Ombudsman, on an appeal, may also make any decision which could have been made on the initial application. Clause 23 seeks to amend section 44 of the principal Law by replacing the words \u201cnational archives\u201d with the words \u201cNational Archive\u201d. Clause 24 seeks to amend section 45 of the principal Law to provide that where the Ombudsman requests to examine records exempted under section 19 of the Law, the examination of the records shall take place in the Cabinet Office and to clarify that the production of a legally privileged record to the Ombudsman does not constitute a waiver of that privilege. Clause 25 seeks to amend section 47 of the principal Law to clarify that a complainant may within forty-five calendar days apply to the Grand Court for leave to seek judicial review of a decision of the Ombudsman. Clause 26 seeks to amend section 48 of the principal Law to clarify that the provision\u2019s reference to \u201cday\u201d is to \u201ccalendar day\u201d. It also amends the section by deleting the reference to \u201cappeals\u201d and replacing it with reference to \u201can application to seek judicial review\u201d. Clause 27 seeks to amend section 50 of the principal Law to provide immunity to persons discharging their functions under the Law. It provides that no person shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions or duties under this Law unless it is shown that the act or the omission was carried out in bad faith. The Freedom of Information (Amendment) Bill, 2018 Clause 28 seeks to amend section 52 of the principal Law by repealing subsection (2) which provides for adequate procedures for the correction of personal information by public bodies. These are matters which are within the purview of the Data Protection Law, 2017. Clause 29 seeks to amend section 54 of the principal Law by deleting the word \u201cofficial\u201d before the word \u201crecord\u201d. Clause 30 seeks to amend the Schedule of the principal Law in paragraph 2(b) by removing the reference to publication in the Gazette. The effect of this is that a public authority is required, within twelve months of the publication of their statements, to cause the statement to be published on the government\u2019s or the authority\u2019s website or to publish the statements in such other manner as may be prescribed. The Freedom of Information (Amendment) Bill, 2018 THE FREEDOM OF INFORMATION (AMENDMENT) BILL, 2018 ARRANGEMENT OF CLAUSES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Freedom of Information Law (2018 revision) - definitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 3 - application\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 5 - publication of information by public authorities\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 6 - general right of access\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 7 - application for access\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 8 - transfer of requests\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 11 - assistance and deferment of access\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 14 - grant of access\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 17 - records subject to legal privilege, etc.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 18 - records affecting national economy\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Repeal and substitution of section 19 - records revealing Government\u2019s deliberative processes\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 20 - prejudice to effective conduct of public affairs\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 23 - records relating to personal information\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 25 - issuance of certificate re exempt record\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 26 - some exemptions are subject to public interest test\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Repeal of Part IV - amendment and annotation of records\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Repeal and substitution of section 33 - application for internal review\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Amendment of section 34 - procedure for internal review\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Amendment of section 40 - reports\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Amendment of section 42 - appeal to Ombudsman\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Amendment of section 43 - decision on appeal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Amendment of section 44 - implementation of decision\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Amendment of section 45 - Ombudsman\u2019s powers generally to investigate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Amendment of section 47 - appeal from Ombudsman\u2019s decisions and orders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Amendment of section 48 - decisions and orders of Ombudsman binding\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Repeal and substitution of section 50 - whistleblowers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Amendment of section 52 - maintenance of records\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Amendment of section 54 - protection from liability re defamation, breach of confidence and intellectual property rights\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Amendment of the Schedule - information to be published by public authorities The Freedom of Information (Amendment) Bill, 2018 A BILL FOR A LAW TO AMEND THE FREEDOM OF INFORMATION LAW (2018 REVISION) TO CLARIFY AND MODIFY THE SCOPE OF ACCESS AND RESTRICTED ACCESS TO CERTAIN EXEMPT RECORDS UNDER THE LAW; AND TO MAKE PROVISION FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. (1) This Law may be cited as the Freedom of Information (Amendment) Law, 2018. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters. 2. The Freedom of Information Law (2018 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 2 by deleting the definition of the words \u201cMinister responsible\u201d and substituting the following definition - \u201c \u201cMinister\u201d means the Minister or the Official Member responsible for a public authority that holds a record;\u201d. 3. The principal Law is amended in section 3 as follows - (a) in subsection (1) - (i) in paragraph (a), by deleting the word \u201cand\u201d; and (ii) by inserting after paragraph (a) the following paragraph- Short title and commencement Amendment of section 2 of the Freedom of Information Law (2018 Revision) - definitions Amendment of section 3 - application The Freedom of Information (Amendment) Bill, 2018 \u201c(aa) subject to subsection (5), the Governor\u2019s office; and\u201d; (b) in subsection (5) - (i) in paragraph (d), by deleting the word \u201cor\u201d where it appears at the end of the paragraph; (ii) by repealing paragraph (e) and substituting the following paragraphs - \u201c(e) private holdings of the National Archive where the contract or other arrangements under which the holdings are held do not allow disclosure in the circumstances prescribed under this Law; (f) the Cayman Islands Stock Exchange (subject to subsection (6)); or (g) records obtained or created  by the Office of the Ombudsman in the course of carrying out its functions (subject to subsection (6)).\u201d; (c) in subsection (6) by deleting the word \u201ccourt\u201d and substituting the words \u201ccourt, the Cayman Islands Stock Exchange, or the Office of the Ombudsman\u201d; and (d) in subsection (8) - (i) in paragraph (a), by inserting before the words \u201cCayman Islands Police Service\u201d, the word \u201cRoyal\u201d; (ii) in paragraph (b), by deleting the word \u201cor\u201d; (iii) by deleting the full stop at the end of paragraph (c) and substituting a semi-colon; and (iv) by inserting after paragraph (c) the following paragraphs - \u201c(d) the entity charged with responsibility for customs and immigration matters; (e) Her Majesty\u2019s Cayman Islands Prison Service; (f) the Financial Reporting Authority; and (g) the Tax Information Authority.\u201d. 4. The principal Law is amended in section 5(3) by inserting after the words \u201cwith such frequency\u201d the words \u201cand particulars\u201d. 5. The principal Law is amended in section 6 as follows - (a) in subsection (2), by inserting after the words \u201cunless otherwise stated in this Law\u201d, the words \u201cor if it can be demonstrated to the satisfaction of the Ombudsman that the exemption reasonably continues to apply\u201d; and Amendment of section 5 - publication of information by public authorities Amendment of section 6 - general right of access The Freedom of Information (Amendment) Bill, 2018 (b) in subsection (4), by repealing paragraph (b) and substituting the following paragraph - \u201c(b) available to the public, or a particular individual, as the case may be, in accordance with administrative procedures established for that purpose, and irrespective of whether it is available - (i) after payment of a reasonable fee; or (ii) without payment of a fee,\u201d. 6. The principal Law is amended in section 7 as follows - (a) by inserting after subsection (3), the following subsections - \u201c(3A)Where the information provided by the applicant in relation to the record being requested is not reasonably sufficient to enable the public authority to identify it, the authority shall afford the applicant a reasonable opportunity to consult with the authority with a view to reformulating the application so that the record can be identified. (3B)Where the information manager consults with the applicant in order to clarify and reformulate the application for access as provided for in subsection (3A), the timeline will be suspended until such time as the applicant submits the reformulated application for access.\u201d. (b) by inserting after subsection (5), following subsection - \u201c(6) Where the decision of the public authority is taken by, or in consultation with, a Minister, chief officer or other officer superior in rank to the information manager, such involvement shall be noted on the written decision on the application.\u201d. 7. The principal Law is amended in section 8(2) by deleting the words \u201cfourteen calendar days\u201d and substituting the words \u201cten calendar days\u201d. 8. The principal Law is amended in section 11 as follows - (a) in the marginal note, by deleting the words \u201cAssistance and deferment of access\u201d and substituting the words \u201cDeferment of access\u201d; (b) by repealing subsection (1); and (c) in subsection (3), by deleting the words \u201cit shall, within fourteen calendar days of its decision, inform the applicant of that decision\u201d Amendment of section 7 - application for access Amendment of section 8 - transfer of requests Amendment of section 11 - assistance and deferment of access The Freedom of Information (Amendment) Bill, 2018 and substituting the words, \u201cit shall inform the applicant of that decision in accordance with the time frame provided for under section 7(4)(a)\u201d. 9. The principal Law is amended by repealing section 14(2). 10. The principal Law is amended in section 17 as follows - (a) by renumbering section 17 as section 17(1); (b) in the renumbered subsection (1) as follows - (i) by deleting the words \u201cAn official record\u201d and substituting the words \u201cA record\u201d; (ii) in paragraph (a), by deleting the word \u201cor\u201d; (iii) in paragraph (b) as follows - (A) in subparagraph (ii), by deleting the word \u201cor\u201d; and (B) in subparagraph (iii), by deleting the full stop and substituting the word \u201c; or\u201d; and (iv) by inserting after paragraph (b), the following paragraph - \u201c(c) it is legal advice given by or on behalf of the Attorney General or the Director of Public Prosecutions\u201d; and (c) by inserting after the renumbered section 17(1), the following subsection - \u201c(2) Records protected from production in legal proceedings on the ground of legal professional privilege shall be exempt without limitation as to time.\u201d. 11. The principal Law is amended in section 18(1) by deleting the words \u201cAn official record\u201d and substituting the words \u201cA record\u201d. 12. The principal Law is amended by repealing section 19 and substituting the following section - \u201c19. (1) Subject to subsection (2), a record is exempt from disclosure if it contains opinions, advice or recommendations, or a record of consultations or deliberations - (a) prepared for or arising in the course of proceedings of the Cabinet or the National Security Council or a committee of the Cabinet or the National Security Council; or (b) prepared for the Governor or a Minister relating to the formulation or development of Government policy. Amendment of section 14 - grant of access. Amendment of section 17 - records subject to legal privilege, etc. Amendment of section 18 - records affecting national economy Repeal and substitution of section 19 - records revealing Government\u2019s deliberative processes The Freedom of Information (Amendment) Bill, 2018 (2) Subsection (1) does not apply to records which contain material of a purely factual nature or reports, studies, tests or surveys of a scientific or technical nature.\u201d. 13. The principal Law is amended in section 20 as follows - (a) by repealing subsection (1)(c); and (b) in subsection (2) by deleting the words \u201csubsection (1)(b), (c) and (d)\u201d and substituting the words \u201csubsections (1)(b) and (d)\u201d. 14. The principal Law is amended in section 23 as follows - (a) by repealing subsection (1) and substituting the following subsection - \u201c(1) Subject to the remaining provisions of this section, a record is exempt if its disclosure would involve the unreasonable disclosure of personal information of any natural person, whether living or dead.\u201d; and (b) by inserting after subsection (4) the following subsection - \u201c(5) In determining whether the disclosure of third-party personal information would be reasonable, consideration shall be given as to whether the disclosure would be permitted under the Data Protection Law, 2017.\u201d. 15. The principal Law is amended in section 25 as follows - (a) in subsection (1)(b) - (i) by deleting the words \u201csections 15, 16, 20(1)(b), (c) and (d)\u201d and substituting the words \u201csections 15, 16, 17(1)(c), 20(1)(b) and (d)\u201d; and (ii) by deleting the words \u201cA Minister responsible\u201d and substituting the words \u201cA Minister\u201d; and (b) in the closing paragraph immediately following 1(b), by deleting the words \u201cthe Minister responsible\u201d and substituting the words \u201cthe Minister\u201d; (c) in subsection (2), by deleting the words \u201ca Minister responsible\u201d and substituting the words \u201ca Minister\u201d; (d) in subsection (3), by deleting the words \u201cWhere a certificate is issued under subsection (1)\u201d and substituting the words \u201cWhere a certificate is issued under subsection (1)(a)\u201d; and (e) by inserting after subsection (3), the following subsection - Amendment of section 20 - prejudice to effective conduct of public affairs Amendment of section 23 - records relating to personal information Amendment of section 25 - issuance of certificate re exempt record The Freedom of Information (Amendment) Bill, 2018 \u201c(4) Where a certificate is issued by the Governor or a Minister, under subsection (1), the Ombudsman shall be notified of the issuance of the certificate.\u201d. 16. The principal Law is amended in section 26 as follows - (a) by deleting the words in the marginal note and substituting the words \u201cGranting access to exempt information\u201d; (b) in subsection (1), by deleting the words \u201c20(1)(b), (c) and (d) and substituting the words \u201c20(1)(b) and (d)\u201d; and (c) by inserting after subsection (2), the following subsection - \u201c(3) Notwithstanding that a record or part thereof is exempt from disclosure, access shall be granted to personal information if disclosure would be required under the Data Protection Law, 2017.\u201d. 17. The principal Law is amended by repealing Part IV. 18. The principal Law is amended by repealing section 33 and substituting the following section - \u201c33. (1) An applicant for access to a record may, subject to subsection (3), apply for an internal review of a decision by a public authority to - (a) refuse to grant access to the record; (b) grant access only to some of the records specified in an application; (c) defer the grant of access to the record; or (d) charge a fee for action taken or as to the amount of the fee. (2) For the purposes of subsection (1), a failure to give a decision on any of the matters referred to in subsection (1)(a) to (c) within the time required by this Law shall be regarded as a refusal to do so. (3) An application under subsection (1) may only be made where the decision to which the application relates was taken by a person other than the Minister, a chief officer or the principal officer of the public authority concerned.\u201d. Amendment of section 26 - some exemptions are subject to public interest test Repeal of Part IV - amendment and annotation of records Repeal and substitution of section 33 - application for internal review The Freedom of Information (Amendment) Bill, 2018 19. The principal Law is amended in section 34(1)(a) by inserting after the words \u201cby the responsible Minister\u201d, the words \u201cor the chief officer in consultation with the Minister\u201d. 20. The principal Law is amended in section 40(2) as follows - (a) in paragraph (b), by inserting after the semi-colon, the word \u201cor\u201d; and (b) by repealing paragraph (c). 21. The principal Law is amended in section 42 by repealing subsection (4) and substituting the following subsections - \u201c(4) The Ombudsman may, at any time after receiving an appeal, decide not to consider the appeal, or to stop considering the appeal, because it is frivolous or vexatious. (5) If the Ombudsman decides not to consider the appeal, or to stop considering the appeal, the Ombudsman shall inform the appellant, in writing, of the decision and the reasons for the decision.\u201d. 22. The principal Law is amended in section 43 as follows - (a) in subsection (3)(a), by deleting the word \u201creject\u201d and substituting the word \u201cdismiss\u201d; and (b) by inserting after subsection (4), the following subsection - \u201c(5) On the consideration of an appeal, the Ombudsman - (a) may, subject to paragraph (b), make any decision which could have been made on the original application; and (b) shall not nullify a certificate issued under section 25.\u201d. 23. The principal Law is amended in section 44(2)(b) by deleting the words \u201cthe national archives\u201d and substituting the words \u201cthe National Archive\u201d. 24. The principal Law is amended in section 45 as follows - (a) by inserting after subsection (2), the following subsection - \u201c(2A) Notwithstanding subsections (1) and (2), where the Ombudsman requests to examine a record that has been exempted under section 19 of the Law pertaining to Cabinet opinions, advice, recommendations, consultations or deliberations, examination of that record shall take place at the Cabinet\u2019s Office.\u201d; and Amendment of section 34 - procedure for internal review Amendment of section 40 - reports Amendment of section 42 - appeal to Ombudsman Amendment of section 43 - decision on appeal Amendment of section 44 - implementation of decision Amendment of section 45 - Ombudsman\u2019s powers generally to investigate The Freedom of Information (Amendment) Bill, 2018 (b) by inserting after subsection (3), the following subsection - \u201c(4) The production to the Ombudsman, pursuant to subsection (1), of a record privileged on the ground of legal professional privilege, shall not constitute a waiver of that privilege.\u201d. 25. The principal Law is amended in section 47(1) by deleting the words \u201c45 days, appeal to the Grand Court by way of\u201d and substituting the words \u201cforty-five calendar days, apply to the Grand Court for leave to seek\u201d. 26. The principal Law is amended in section 48 as follows - (a) by inserting after the words \u201cforty-five\u201d the words \u201ccalendar\u201d; and (b) by deleting the word \u201cappeals\u201d and substituting the words \u201can application for judicial review\u201d. 27. The principal Law is amended by repealing section 50 and substituting the following section - \u201cProtection of persons in the discharge of functions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"A person shall not be liable in damages for anything done or omitted in the discharge or purported discharge of the person\u2019s functions or duties under this Law unless it is shown that the act or the omission was carried out in bad faith.\u201d. 28. The principal Law is amended in section 52 as follows - (a) by repealing subsection (2); and (b) in subsection (3), by deleting the words \u201cNational Archives\u201d wherever they appear and substituting the words \u201cNational Archive\u201d. 29. The principal Law is amended in section 54(1) by deleting the words \u201cany official record\u201d and substituting the words \u201cany record\u201d. Amendment of section 47 - appeal from Ombudsman\u2019s decisions and orders Amendment of section 48 - decisions and orders of Ombudsman binding Repeal and substitution of section 50 - whistleblowers Amendment of section 52 - maintenance of records Amendment of section 54 - protection from liability re defamation, breach of confidence and intellectual property rights The Freedom of Information (Amendment) Bill, 2018 30. The principal Law is amended in paragraph 2(b) of the Schedule, by deleting the words \u201ccause to be published in the Gazette\u201d and inserting the words \u201ccause to be published on the Government\u2019s or the authority\u2019s website or in such manner and with such frequency as may be prescribed\u201d. Passed by the Legislative Assembly the day of , 2018. Speaker. Clerk of the Legislative Assembly. Amendment of Schedule - information to be published by public authorities\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_01_01\", \"date\": \"2018-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2018_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2018\/38\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2018\/38\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2018-0038\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"38 of 2018\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01\", \"FRBRdate\": [{\"date\": \"2018-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-07-18\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2018\/38\/eng@2018-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Freedom of Information (Amendment) Bill, 2018\", \"actNumber\": \"38 of 2018\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 14 published with Extraordinary\nGazette No. 81 dated 24th October, 2018.\n\nA BILL FOR A LAW TO AMEND THE FREEDOM OF INFORMATION\nLAW (2018 REVISION) TO CLARIFY AND MODIFY THE SCOPE OF\nACCESS AND RESTRICTED ACCESS TO CERTAIN EXEMPT\nRECORDS UNDER THE LAW; AND TO MAKE PROVISION FOR\nINCIDENTAL AND CONNECTED PURPOSES\n\nThe Freedom of Information (Amendment) Bill, 2018\n2\n\nThe Freedom of Information (Amendment) Bill, 2018\n3\nTHE FREEDOM OF INFORMATION (AMENDMENT) BILL, 2018\nMEMORANDUM OF OBJECTS AND REASONS\nThis Bill seeks to amend the Freedom of Information Law (2018 Revision), the\n\u201cprincipal Law\u201d, by clarifying and modifying the scope of access, and restricted\naccess, to certain exempt records under the principal Law and to make provision\nfor incidental and connected purposes.\nClause 1 of the Bill provides the short title and commencement.\nClause 2 seeks to amend section 2 of the principal Law by deleting the definition\nof \u201cMinister responsible\u201d, and substituting a definition for \u201cMinister\u201d to mean the\n\u201cMinister or the Official Member responsible for a public authority that holds a\nrecord\u201d.\nClause 3 seeks to amend section 3(1) of the principal Law to make provision for\nthe Law to be applied to the Governor\u2019s office but excludes records to which the\nLaw does not apply under section 3(5)(d).\nClause 3 also seeks to amend section 3(5) of the principal Law by providing that\nthe Law does not apply to the Cayman Islands Stock Exchange, or to records\nobtained or created by the Office of the Ombudsman in the course of carrying out\nits functions, with both exemptions being subject to subsection (6).\nClause 3 further seeks to amend section 3 by amending subsection (6) to further\nprovide for the application of the Law to the records of an administrative nature\nheld by the Cayman Islands Stock Exchange or the Office of the Ombudsman.\nClause 3 seeks to amend section 3(8) by including the entities charged with\nresponsibility for customs and immigration matters, Her Majesty\u2019s Cayman\nIslands Prison Service, the Financial Reporting Authority and the Tax\nInformation Authority within the scope of \u201csecurity or intelligence services\u201d, to\nwhich the Law does not apply.\nClause 4 seeks to amend section 5 of the principal Law to provide that the\ninformation to be published by an authority shall include such particulars as may\nbe prescribed.\nClause 5 seeks to amend section 6 of the principal Law to permit the extension of\nthe exemption by the Ombudsman where it can be demonstrated that it\nreasonably continues to apply to the record. The provision also seeks to amend\nthe principal Law by expanding subsection 4(b) to provide that where a record is,\n\nThe Freedom of Information (Amendment) Bill, 2018\n4\n\namong other things, available to the public in accordance with administrative\nprocedures established for that purpose then access shall be provided in\naccordance with those procedures.\nClause 6 seeks to amend section 7 of the principal Law by inserting subsections\n(3A)  and (3B). The new subsection (3A) makes provision for the applicant to\nconsult with the public authority with a view to reformulating the application\nwhere the applicant has failed to provide sufficient details to identify the record\nthat the applicant is seeking to access. The provision was formerly section 11(1).\nThe new subsection (3B) provides for the thirty day timeline to be suspended\nduring the period of consultation and reformulation of the application.\n\nClause 6 further seeks to amend section 7 of the principal Law to provide that\nwhere under section 7 a decision of the public authority is taken by or in\nconsultation with a Minister, it is the chief officer or other officer superior in rank\nto the information manager that must be noted on the decision.\n\nClause 7 seeks to amend section 8 of the principal Law by shortening the period\nof time that a public authority has to transfer a request to another public authority,\nfrom a period of fourteen days to a period of ten days.\n\nClause 8 seeks to amend section 11 of the principal Law to, among other things,\nrepeal subsection (1) which now appears in section 7 as the new subsection (3A).\n\nClause 8 further seeks to amend section 11(3) by clarifying that a public authority\nis required to inform the applicant of its decision to defer, within the timeframe\nprovided for under section 7(4)(a).\n\nClause 9 seeks to amend the principal Law by repealing section 14(2). The\nsubject matter of the provision will be more appropriately provided for under the\nData Protection Law, 2017 upon its commencement.\n\nClause 10 seeks to amend section 17 of the principal Law to provide, among\nother things, that legal advice given by or on behalf of the Attorney General or\nthe Director of Public Prosecutions is an exempt record. The clause also provides\nthat records which are protected by legal professional privilege shall be exempt\nwithout any limitation as to time.\n\nClause 11 seeks to amend section 18 of the principal Law to remove the reference\nto \u201cofficial\u201d record.\n\nThe Freedom of Information (Amendment) Bill, 2018\n5\n\nClause 12 seeks to amend section 19 by repealing and substituting subsection (1)\nto provide that records of opinions, advice, recommendations, consultations or\ndeliberations are exempted if they are provided for or arise in the course of\nproceedings of Cabinet or the National Security Council, or if they are provided\nfor the Governor or a Minister to formulate or develop government policy.\n\nClause 13 seeks to amend section 20 of the principal Law by deleting subsection\n(1)(c) which is the exemption provision which protects legal advice given by the\nAttorney General or the Director of Public Prosecutions. The provision is now\nincluded in the provisions set out in section 17(1).\n\nClause 14 seeks to amend section 23 of the principal Law by making it clear that\na record is exempt if its disclosure would involve the unreasonable disclosure of\npersonal information of any natural persons whether that person is alive or not.\nAdditionally, the clause provides in a new subsection (5) that in determining\nwhether the disclosure of third-party personal information would be reasonable,\nconsideration should be given to whether the disclosure would be permitted under\nthe Data Protection Law, 2017.\n\nClause 15 seeks to amend section 25 of the principal Law by requiring that where\na certificate in respect of an exempt record is issued by the Governor or the\nMinister, the Ombudsman shall be notified, and by making minor changes as a\nconsequence of the change in definition of \u201cMinister responsible\u201d to \u201cMinister\u201d.\n\nClause 16 seeks to amend section 26 of the principal Law by inserting a new\nsubsection (3) which provides that notwithstanding that a record is exempt from\ndisclosure, access shall be granted to personal information where disclosure\nwould be required under the Data Protection Law, 2017.\n\nClause 17 seeks to amend the principal Law by repealing Part IV which deals\nwith the amendment and annotation of records and is inclusive of sections 28\nthrough 32. This will remove references to amendment and annotation of\npersonal data which will be dealt with under the Data Protection Law, 2017 when\nit comes into force\n\nClause 18 seeks to amend the principal Law by repealing and substituting section\n33 in order to amend the provisions governing the application for internal review\nby removing reference to personal records which will be dealt with under the\nData Protection Law, 2017 when it comes into force.\n\nClause 19 seeks to amend section 34(1)(a) of the principal Law by providing that\nthe chief officer, in consultation with the Minister, may conduct an internal\nreview. This is an alternative to the Minister conducting the internal review in\n\nThe Freedom of Information (Amendment) Bill, 2018\n6\n\nrelation to records exempt on the basis of national security, law enforcement and\nthe national economy.\n\nClause 20 seeks to amend section 40 of the principal Law by repealing subsection\n(2)(c) as it relates to matters that pertain to applications for personal records\nwhich will be dealt with under the Data Protection Law, 2017 when it comes into\nforce.\n\nClause 21 seeks to amend section 42 of the principal Law by giving the\nOmbudsman the discretion to refuse to consider appeals which in the opinion of\nthe Ombudsman are frivolous or vexatious. The provision also requires the\nOmbudsman to give reasons for the decision.\n\nClause 22 seeks to amend section 43 of the principal Law by, among other things,\ninserting a new subsection (5) setting out that the Ombudsman, on an appeal, may\nalso make any decision which could have been made on the initial application.\n\nClause 23 seeks to amend section 44 of the principal Law by replacing the words\n\u201cnational archives\u201d with the words \u201cNational Archive\u201d.\n\nClause 24 seeks to amend section 45 of the principal Law to provide that where\nthe Ombudsman requests to examine records exempted under section 19 of the\nLaw, the examination of the records shall take place in the Cabinet Office and to\nclarify that the production of a legally privileged record to the Ombudsman does\nnot constitute a waiver of that privilege.\n\nClause 25 seeks to amend section 47 of the principal Law to clarify that a\ncomplainant may within forty-five calendar days apply to the Grand Court for\nleave to seek judicial review of a decision of the Ombudsman.\n\nClause 26 seeks to amend section 48 of the principal Law to clarify that the\nprovision\u2019s reference to \u201cday\u201d is to \u201ccalendar day\u201d. It also amends the section by\ndeleting the reference to \u201cappeals\u201d and replacing it with reference to \u201can\napplication to seek judicial review\u201d.\n\nClause 27 seeks to amend section 50 of the principal Law to provide immunity to\npersons discharging their functions under the Law. It provides that no person\nshall be liable in damages for anything done or omitted in the discharge or\npurported discharge of their respective functions or duties under this Law unless\nit is shown that the act or the omission was carried out in bad faith.\n\nThe Freedom of Information (Amendment) Bill, 2018\n7\nClause 28 seeks to amend section 52 of the principal Law by repealing subsection\n(2) which provides for adequate procedures for the correction of personal\ninformation by public bodies. These are matters which are within the purview of\nthe Data Protection Law, 2017.\n\nClause 29 seeks to amend section 54 of the principal Law by deleting the word\n\u201cofficial\u201d before the word \u201crecord\u201d.\n\nClause 30 seeks to amend the Schedule of the principal Law in paragraph 2(b) by\nremoving the reference to publication in the Gazette. The effect of this is that a\npublic authority is required, within twelve months of the publication of their\nstatements, to cause the statement to be published on the government\u2019s or the\nauthority\u2019s website or to publish the statements in such other manner as may be\nprescribed.\n\nThe Freedom of Information (Amendment) Bill, 2018\n8\n\nTHE FREEDOM OF INFORMATION (AMENDMENT) BILL, 2018\n\nARRANGEMENT OF CLAUSES\n\n1.\nShort title and commencement\n2.\nAmendment of section 2 of the Freedom of Information Law (2018\nrevision) - definitions\n3.\nAmendment of section 3 - application\n4.\nAmendment of section 5 - publication of information by public authorities\n5.\nAmendment of section 6 - general right of access\n6.\nAmendment of section 7 - application for access\n7.\nAmendment of section 8 - transfer of requests\n8.\nAmendment of section 11 - assistance and deferment of access\n9.\nAmendment of section 14 - grant of access\n10.\nAmendment of section 17 - records subject to legal privilege, etc.\n11.\nAmendment of section 18 - records affecting national economy\n12.\nRepeal and substitution of section 19 - records revealing Government\u2019s\ndeliberative processes\n13.\nAmendment of section 20 - prejudice to effective conduct of public affairs\n14.\nAmendment of section 23 - records relating to personal information\n15.\nAmendment of section 25 - issuance of certificate re exempt record\n16.\nAmendment of section 26 - some exemptions are subject to public interest\ntest\n17.\nRepeal of Part IV - amendment and annotation of records\n18.\nRepeal and substitution of section 33 - application for internal review\n19.\nAmendment of section 34 - procedure for internal review\n20.\nAmendment of section 40 - reports\n21.\nAmendment of section 42 - appeal to Ombudsman\n22.\nAmendment of section 43 - decision on appeal\n23.\nAmendment of section 44 - implementation of decision\n24.\nAmendment of section 45 - Ombudsman\u2019s powers generally to investigate\n25.\nAmendment of section 47 - appeal from Ombudsman\u2019s decisions and orders\n26.\nAmendment of section 48 - decisions and orders of Ombudsman binding\n27.\nRepeal and substitution of section 50 - whistleblowers\n28.\nAmendment of section 52 - maintenance of records\n29.\nAmendment of section 54 - protection from liability re defamation, breach\nof confidence and intellectual property rights\n30.\nAmendment of the Schedule - information to be published by public\nauthorities\n\nThe Freedom of Information (Amendment) Bill, 2018\n9\nCAYMAN ISLANDS\n\nA BILL FOR A LAW TO AMEND THE FREEDOM OF INFORMATION\nLAW (2018 REVISION) TO CLARIFY AND MODIFY THE SCOPE OF\nACCESS AND RESTRICTED ACCESS TO CERTAIN EXEMPT\nRECORDS UNDER THE LAW; AND TO MAKE PROVISION FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\n(1) This Law may be cited as the Freedom of Information (Amendment)\nLaw, 2018.\n\n(2) This Law shall come into force on such date as may be appointed by\nOrder made by the Cabinet and different dates may be appointed for different\nprovisions of this Law and in relation to different matters.\n2.\nThe Freedom of Information Law (2018 Revision), in this Law referred to\nas the \u201cprincipal Law\u201d, is amended in section 2 by deleting the definition of the\nwords \u201cMinister responsible\u201d and substituting the following definition -\n\u201c \u201cMinister\u201d means the Minister or the Official Member responsible for a\npublic authority that holds a record;\u201d.\n3.\nThe principal Law is amended in section 3 as follows -\n(a)\nin subsection (1) -\n(i)\nin paragraph (a), by deleting the word \u201cand\u201d; and\n(ii) by inserting after paragraph (a) the following paragraph-\nShort title and\ncommencement\nAmendment of section 2\nof the Freedom of\nInformation Law (2018\nRevision) - definitions\nAmendment of section 3\n- application\n\nThe Freedom of Information (Amendment) Bill, 2018\n10\n\n\u201c(aa)\nsubject to subsection (5), the Governor\u2019s office; and\u201d;\n(b) in subsection (5) -\n(i)\nin paragraph (d), by deleting the word \u201cor\u201d where it appears at\nthe end of the paragraph;\n(ii) by repealing paragraph (e) and substituting the following\nparagraphs -\n\u201c(e) private holdings of the National Archive where the\ncontract or other arrangements under which the holdings\nare held do not allow disclosure in the circumstances\nprescribed under this Law;\n(f) the Cayman Islands Stock Exchange (subject to subsection\n(6)); or\n(g) records obtained or created  by the Office of the\nOmbudsman in the course of carrying out its functions\n(subject to subsection (6)).\u201d;\n(c)\nin subsection (6) by deleting the word \u201ccourt\u201d and substituting the\nwords \u201ccourt, the Cayman Islands Stock Exchange, or the Office of\nthe Ombudsman\u201d; and\n(d) in subsection (8) -\n(i)\nin paragraph (a), by inserting before the words \u201cCayman Islands\nPolice Service\u201d, the word \u201cRoyal\u201d;\n(ii) in paragraph (b), by deleting the word \u201cor\u201d;\n(iii) by deleting the full stop at the end of paragraph (c) and\nsubstituting a semi-colon; and\n(iv) by inserting after paragraph (c) the following paragraphs -\n\u201c(d) the entity charged with responsibility for customs and\nimmigration matters;\n(e)\nHer Majesty\u2019s Cayman Islands Prison Service;\n(f)\nthe Financial Reporting Authority; and\n(g) the Tax Information Authority.\u201d.\n4.\nThe principal Law is amended in section 5(3) by inserting after the words\n\u201cwith such frequency\u201d the words \u201cand particulars\u201d.\n\n5.\nThe principal Law is amended in section 6 as follows -\n(a)\nin subsection (2), by inserting after the words \u201cunless otherwise stated\nin this Law\u201d, the words \u201cor if it can be demonstrated to the satisfaction\nof the Ombudsman that the exemption reasonably continues to apply\u201d;\nand\nAmendment of section 5\n- publication of\ninformation by public\nauthorities\nAmendment of section 6\n- general right of access\n\nThe Freedom of Information (Amendment) Bill, 2018\n11\n(b) in subsection (4), by repealing paragraph (b) and substituting the\nfollowing paragraph -\n\u201c(b) available to the public, or a particular individual, as the case may\nbe, in accordance with administrative procedures established for\nthat purpose, and irrespective of whether it is available -\n(i) after payment of a reasonable fee; or\n(ii) without payment of a fee,\u201d.\n6.\nThe principal Law is amended in section 7 as follows -\n(a)\nby inserting after subsection (3), the following subsections -\n\u201c(3A)Where the information provided by the\napplicant in relation to the record being requested\nis not reasonably sufficient to enable the public\nauthority to identify it, the authority shall afford\nthe applicant a reasonable opportunity to consult\nwith the authority with a view to reformulating\nthe application so that the record can be\nidentified.\n\n(3B)Where the information manager consults\nwith the applicant in order to clarify and\nreformulate the application for access as provided\nfor in subsection (3A), the timeline will be\nsuspended until such time as the applicant\nsubmits the reformulated application for access.\u201d.\n(b) by inserting after subsection (5), following subsection -\n\u201c(6) Where the decision of the public authority is taken by, or in\nconsultation with, a Minister, chief officer or other officer superior in\nrank to the information manager, such involvement shall be noted on\nthe written decision on the application.\u201d.\n7.\nThe principal Law is amended in section 8(2) by deleting the words\n\u201cfourteen calendar days\u201d and substituting the words \u201cten calendar days\u201d.\n8.\nThe principal Law is amended in section 11 as follows -\n(a)\nin the marginal note, by deleting the words \u201cAssistance and deferment\nof access\u201d and substituting the words \u201cDeferment of access\u201d;\n(b) by repealing subsection (1); and\n(c)\nin subsection (3), by deleting the words \u201cit shall, within fourteen\ncalendar days of its decision, inform the applicant of that decision\u201d\nAmendment of section 7\n- application for access\nAmendment of section 8\n- transfer of requests\nAmendment of section\n11 - assistance and\ndeferment of access\n\nThe Freedom of Information (Amendment) Bill, 2018\n12\n\nand substituting the words, \u201cit shall inform the applicant of that\ndecision in accordance with the time frame provided for under section\n7(4)(a)\u201d.\n9.\nThe principal Law is amended by repealing section 14(2).\n10. The principal Law is amended in section 17 as follows -\n(a)\nby renumbering section 17 as section 17(1);\n(b) in the renumbered subsection (1) as follows -\n(i)\nby deleting the words \u201cAn official record\u201d and substituting the\nwords \u201cA record\u201d;\n(ii) in paragraph (a), by deleting the word \u201cor\u201d;\n(iii) in paragraph (b) as follows -\n(A) in subparagraph (ii), by deleting the word \u201cor\u201d; and\n(B) in subparagraph (iii), by deleting the full stop and\nsubstituting the word \u201c; or\u201d; and\n(iv) by inserting after paragraph (b), the following paragraph -\n\u201c(c) it is legal advice given by or on behalf of the Attorney\nGeneral or the Director of Public Prosecutions\u201d; and\n(c)\nby inserting after the renumbered section 17(1), the following\nsubsection -\n\u201c(2) Records protected from production in legal proceedings on the\nground of legal professional privilege shall be exempt without\nlimitation as to time.\u201d.\n11. The principal Law is amended in section 18(1) by deleting the words \u201cAn\nofficial record\u201d and substituting the words \u201cA record\u201d.\n12. The principal Law is amended by repealing section 19 and substituting the\nfollowing section -\n\u201c19. (1) Subject to subsection (2), a record is exempt from disclosure if it\ncontains opinions, advice or recommendations, or a record of consultations\nor deliberations -\n(a)\nprepared for or arising in the course of proceedings of the\nCabinet or the National Security Council or a committee of\nthe Cabinet or the National Security Council; or\n(b) prepared for the Governor or a Minister relating to the\nformulation or development of Government policy.\nAmendment of section\n14 - grant of access.\nAmendment of section\n17 - records subject to\nlegal privilege, etc.\nAmendment of section\n18 - records affecting\nnational economy\nRepeal and substitution\nof section 19 - records\nrevealing Government\u2019s\ndeliberative processes\n\nThe Freedom of Information (Amendment) Bill, 2018\n13\n(2) Subsection (1) does not apply to records which contain material of a\npurely factual nature or reports, studies, tests or surveys of a scientific or\ntechnical nature.\u201d.\n13. The principal Law is amended in section 20 as follows -\n(a)\nby repealing subsection (1)(c); and\n(b) in subsection (2) by deleting the words \u201csubsection (1)(b), (c) and (d)\u201d\nand substituting the words \u201csubsections (1)(b) and (d)\u201d.\n14. The principal Law is amended in section 23 as follows -\n(a)\nby repealing subsection (1) and substituting the following subsection -\n\u201c(1) Subject to the remaining provisions of this section, a record is\nexempt if its disclosure would involve the unreasonable disclosure of\npersonal information of any natural person, whether living or dead.\u201d;\nand\n(b) by inserting after subsection (4) the following subsection -\n\u201c(5) In determining whether the disclosure of third-party personal\ninformation would be reasonable, consideration shall be given as to\nwhether the disclosure would be permitted under the Data Protection\nLaw, 2017.\u201d.\n15. The principal Law is amended in section 25 as follows -\n(a)\nin subsection (1)(b) -\n(i)\nby deleting the words \u201csections 15, 16, 20(1)(b), (c) and (d)\u201d and\nsubstituting the words \u201csections 15, 16, 17(1)(c), 20(1)(b) and\n(d)\u201d; and\n(ii) by deleting the words \u201cA Minister responsible\u201d and substituting\nthe words \u201cA Minister\u201d; and\n(b) in the closing paragraph immediately following 1(b), by deleting the\nwords \u201cthe Minister responsible\u201d and substituting the words \u201cthe\nMinister\u201d;\n(c)\nin subsection (2), by deleting the words \u201ca Minister responsible\u201d and\nsubstituting the words \u201ca Minister\u201d;\n(d) in subsection (3), by deleting the words \u201cWhere a certificate is issued\nunder subsection (1)\u201d and substituting the words \u201cWhere a certificate\nis issued under subsection (1)(a)\u201d; and\n(e)\nby inserting after subsection (3), the following subsection -\nAmendment of section\n20 - prejudice to\neffective conduct of\npublic affairs\nAmendment of section\n23 - records relating to\npersonal information\nAmendment of section\n25 - issuance of\ncertificate re exempt\nrecord\n\nThe Freedom of Information (Amendment) Bill, 2018\n14\n\n\u201c(4) Where a certificate is issued by the Governor or a Minister,\nunder subsection (1), the Ombudsman shall be notified of the issuance\nof the certificate.\u201d.\n16. The principal Law is amended in section 26 as follows -\n(a)\nby deleting the words in the marginal note and substituting the words\n\u201cGranting access to exempt information\u201d;\n(b) in subsection (1), by deleting the words \u201c20(1)(b), (c) and (d) and\nsubstituting the words \u201c20(1)(b) and (d)\u201d; and\n(c)\nby inserting after subsection (2), the following subsection -\n\u201c(3) Notwithstanding that a record or part thereof is exempt from\ndisclosure, access shall be granted to personal information if disclosure\nwould be required under the Data Protection Law, 2017.\u201d.\n17. The principal Law is amended by repealing Part IV.\n\n18. The principal Law is amended by repealing section 33 and substituting the\nfollowing section -\n\u201c33. (1) An applicant for access to a record may, subject to subsection\n(3), apply for an internal review of a decision by a public authority to -\n(a)\nrefuse to grant access to the record;\n(b) grant access only to some of the records specified in an\napplication;\n(c)\ndefer the grant of access to the record; or\n(d) charge a fee for action taken or as to the amount of the fee.\n(2)\nFor the purposes of subsection (1), a failure to give a decision\non any of the matters referred to in subsection (1)(a) to (c) within the\ntime required by this Law shall be regarded as a refusal to do so.\n\n(3)\nAn application under subsection (1) may only be made where\nthe decision to which the application relates was taken by a person\nother than the Minister, a chief officer or the principal officer of the\npublic authority concerned.\u201d.\nAmendment of section\n26 - some exemptions\nare subject to public\ninterest test\nRepeal of Part IV -\namendment and\nannotation of records\nRepeal and substitution\nof section 33 -\napplication for internal\nreview\n\nThe Freedom of Information (Amendment) Bill, 2018\n15\n19. The principal Law is amended in section 34(1)(a) by inserting after the\nwords \u201cby the responsible Minister\u201d, the words \u201cor the chief officer in\nconsultation with the Minister\u201d.\n20. The principal Law is amended in section 40(2) as follows -\n(a)\nin paragraph (b), by inserting after the semi-colon, the word \u201cor\u201d; and\n(b) by repealing paragraph (c).\n21. The principal Law is amended in section 42 by repealing subsection (4) and\nsubstituting the following subsections -\n\u201c(4) The Ombudsman may, at any time after receiving an appeal, decide\nnot to consider the appeal, or to stop considering the appeal, because it is\nfrivolous or vexatious.\n\n(5) If the Ombudsman decides not to consider the appeal, or to stop\nconsidering the appeal, the Ombudsman shall inform the appellant, in\nwriting, of the decision and the reasons for the decision.\u201d.\n22. The principal Law is amended in section 43 as follows -\n(a)\nin subsection (3)(a), by deleting the word \u201creject\u201d and substituting the\nword \u201cdismiss\u201d; and\n(b) by inserting after subsection (4), the following subsection -\n \u201c(5) On the consideration of an appeal, the Ombudsman -\n(a) may, subject to paragraph (b), make any decision which\ncould have been made on the original application; and\n(b) shall not nullify a certificate issued under section 25.\u201d.\n\n23. The principal Law is amended in section 44(2)(b) by deleting the words\n\u201cthe national archives\u201d and substituting the words \u201cthe National Archive\u201d.\n24. The principal Law is amended in section 45 as follows -\n(a)\nby inserting after subsection (2), the following subsection -\n\u201c(2A) Notwithstanding subsections (1) and (2), where the Ombudsman\nrequests to examine a record that has been exempted under section 19\nof the Law pertaining to Cabinet opinions, advice, recommendations,\nconsultations or deliberations, examination of that record shall take\nplace at the Cabinet\u2019s Office.\u201d; and\nAmendment of section\n34 - procedure for\ninternal review\nAmendment of section\n40 - reports\nAmendment of section\n42 - appeal to\nOmbudsman\nAmendment of section\n43 - decision on appeal\nAmendment of section\n44 - implementation of\ndecision\nAmendment of section\n45 - Ombudsman\u2019s\npowers generally to\ninvestigate\n\nThe Freedom of Information (Amendment) Bill, 2018\n16\n\n(b) by inserting after subsection (3), the following subsection -\n\u201c(4) The production to the Ombudsman, pursuant to subsection (1),\nof a record privileged on the ground of legal professional privilege,\nshall not constitute a waiver of that privilege.\u201d.\n25. The principal Law is amended in section 47(1) by deleting the words \u201c45\ndays, appeal to the Grand Court by way of\u201d and substituting the words \u201cforty-five\ncalendar days, apply to the Grand Court for leave to seek\u201d.\n26. The principal Law is amended in section 48 as follows -\n(a)\nby inserting after the words \u201cforty-five\u201d the words \u201ccalendar\u201d; and\n(b) by deleting the word \u201cappeals\u201d and substituting the words \u201can\napplication for judicial review\u201d.\n27. The principal Law is amended by repealing section 50 and substituting the\nfollowing section -\n\u201cProtection of\npersons in the\ndischarge of\nfunctions\n50.\nA person shall not be liable in damages for anything\ndone or omitted in the discharge or purported\ndischarge of the person\u2019s functions or duties under this\nLaw unless it is shown that the act or the omission was\ncarried out in bad faith.\u201d.\n28. The principal Law is amended in section 52 as follows -\n(a)\nby repealing subsection (2); and\n(b) in subsection (3), by deleting the words \u201cNational Archives\u201d wherever\nthey appear and substituting the words \u201cNational Archive\u201d.\n29. The principal Law is amended in section 54(1) by deleting the words \u201cany\nofficial record\u201d and substituting the words \u201cany record\u201d.\n\nAmendment of section\n47 - appeal from\nOmbudsman\u2019s decisions\nand orders\nAmendment of section\n48 - decisions and orders\nof Ombudsman binding\nRepeal and substitution\nof section 50 -\nwhistleblowers\nAmendment of section\n52 - maintenance of\nrecords\nAmendment of section\n54 - protection from\nliability re defamation,\nbreach of confidence and\nintellectual property\nrights\n\nThe Freedom of Information (Amendment) Bill, 2018\n17\n30. The principal Law is amended in paragraph 2(b) of the Schedule, by\ndeleting the words \u201ccause to be published in the Gazette\u201d and inserting the words\n\u201ccause to be published on the Government\u2019s or the authority\u2019s website or in such\nmanner and with such frequency as may be prescribed\u201d.\n\nPassed by the Legislative Assembly the\nday of\n\n, 2018.\n\nSpeaker.\n\nClerk of the Legislative Assembly.\nAmendment of Schedule\n- information to be\npublished by public\nauthorities","akn_extracted_at":"2026-07-18 12:35:29.837953+00","cms_id":"2018-0038","law_type":"bill","year":"2018","number":"38","title":"Freedom of Information (Amendment) Bill, 2018","status":"bill"},"provenance":{"files":[{"file_id":"6965","expr_id":"2166","kind":"akn_xml","filename":"2018-0038.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0038\/2018-0038.akn.xml","content_md5":"38188c9c74f23a4439d31ceb45ef45a0","byte_size":"35777","http_last_modified":null,"fetched_at":"2026-07-18 12:35:29.922553+00"},{"file_id":"4331","expr_id":"2166","kind":"pristine_pdf","filename":"2018-0038.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0038\/2018-0038.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2018\/2018-0038\/2018-0038.pdf","content_md5":"a38b30cc29ac5f4e20928dfb30f95cc8","byte_size":"151771","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.263619+00"},{"file_id":"4332","expr_id":"2166","kind":"working_pdf","filename":"2018-0038.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2018\/2018-0038\/2018-0038.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2018\/2018-0038\/2018-0038.pdf","content_md5":"a38b30cc29ac5f4e20928dfb30f95cc8","byte_size":"151771","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.263619+00"}],"paragraph_count":22,"latest_history":{"history_id":"270142","change_type":"UPDATE","changed_at":"2026-07-18 00:00:00+00","change_source":"MIGRATION_027","change_reason":"CMS-id-collision audit 2026-07-18: title corrected from the document's own PDF and\/or the (law_type, cms_id)-keyed official legislation.gov.ky listing."}},"quality":{"expr_id":"2166","doc_id":"2166","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: the freedom of information amendment bill 2018 x18; authorities x3; amendment of section x18","assessed_at":"2026-06-22 15:29:46.537641+00","updated_at":"2026-06-22 15:29:46.537641+00"}}