Freedom of Information Act (2021 Revision)

Status per the Cayman Islands legislation register (legislation.gov.ky) (as at 2026-07-09)

Summary

This document is the consolidated text of the Cayman Islands' Freedom of Information Act (2021 Revision), which sets out the general public right to access records held by "public authorities" -- ministries, portfolios, departments, statutory bodies, and government-controlled companies -- and by the Governor's Office. It does not impose obligations on private financial services entities as such, but is relevant to compliance officers dealing with CIMA and other Cayman government bodies because it defines what records those bodies must proactively publish, how members of the public can request access to records, what categories of information are exempt from disclosure, and the internal review and Ombudsman appeal process for access decisions.

Exempt Categories and Scope Limits

Exempt categories of information: Security, law enforcement, legal privilege, national economy, commercial interests, and personal information.
Monetary Authority Act limit: The Act does not permit access to information that may not be disclosed under section 50 of the Monetary Authority Act (2020 Revision).
Exempted company records: The Act does not permit access to records relating to directors, officers and shareholders of companies registered as exempted companies under the Companies Act.
Excluded bodies and functions: The Act excludes judicial functions; security/intelligence services (including the RCIPS, Customs and Border Control, Prison Service, Financial Reporting Authority and Tax Information Authority); UK Government records; and, subject to limited exceptions for administrative records, the Cayman Islands Stock Exchange and the Office of the Ombudsman.

Public Authority Obligations

Initial publication: Public authorities must publish an initial statement of their organisation and functions within a set period.
Ongoing maintenance: Public authorities must maintain and update published information.
Processing requests: Public authorities must process individual access applications.
Applying exemptions: Public authorities must apply exemptions and the public interest test correctly.
Review and appeal: Public authorities must support an internal review and Ombudsman appeal mechanism for refused or contested requests.

Because large portions of the operative provisions (sections 7-58, covering request procedures, timeframes, fees, and enforcement) were not fully captured in the text reviewed here, some procedural detail, such as specific response deadlines, could not be confirmed from this extract.

Key obligations

A public authority must cause to be published, within twelve months of the appointed day, its establishment, or the coming into operation of a relevant Cabinet Order, an initial statement of its organisation and functions containing the information specified in the Schedule.
A public authority must keep its published organisational/functional information updated with the frequency and particulars as may be prescribed.
A public authority must grant every person a right of access to records other than exempt records, subject to the provisions of the Act.
Where doubt exists between disclosure and non-disclosure, a public authority must resolve it in favour of disclosure, subject to the public interest test in section 26.
A public authority may not treat a record as exempt after it has existed for twenty years unless it can satisfy the Ombudsman that the exemption reasonably continues to apply.
Public authorities must not require an applicant to state a reason for requesting access to a record.
Where a record is otherwise publicly available under another enactment or established administrative procedure, access must be given in accordance with that enactment or procedure rather than under this Act.
Public authorities must operate an internal review process for access decisions and cooperate with Ombudsman appeals and investigations under Parts V-VII.

Applies to

public authorities, ministries, portfolios or departments, statutory bodies or authorities, government companies (wholly owned or majority-owned by Government, or specified by Order), the Governor's Office (subject to certain limitations)

Deadlines

within twelve months of the appointed day, its establishment, or the coming into operation of a section 3(2) Order (whichever is last): A public authority must publish an initial statement of its organisation and functions containing the information specified in the Schedule.