Freedom of Information (General) Regulations (2021 Revision)

Summary

This document is the consolidated 2021 Revision of the Freedom of Information (General) Regulations, which implement procedural details under the Cayman Islands' Freedom of Information Act. It is a general government-transparency regulation (not a CIMA prudential rule) that sets out how public authorities and their designated 'information managers' must handle FOI applications, including how records are located, how third-party personal information is protected, how fees are charged, and how internal review and appeals to the Ombudsman operate.

The regulations apply to public authorities subject to the FOI Act and to the information managers who administer requests within them.

• Receipt and acknowledgement of applications
• Reasonable search obligations
• Transfer of misdirected requests
• Handling of requests that would unreasonably divert resources
• Notice and consent procedures where a record contains a third party's personal information
• Identity verification for personal information requests
• A detailed fee schedule (including waivers and expedited service fees) set out in Schedule 3

The regulation also prescribes strict timeframes for each step in the FOI process (e.g., passing applications to the information manager, acknowledging receipt, notifying third parties, and appeal windows), and includes a form of acknowledgement (Schedule 2) and a definition of the scope of 'personal information' (Schedule 1).

It does not impose obligations on CIMA-regulated financial entities such as banks or fund administrators; rather it governs how any Cayman Islands public authority must respond to information requests from the public.

Key obligations

• An officer receiving an FOI application must pass it to the information manager within two working days of receipt.
• The information manager must dispatch a written acknowledgement (in the Schedule 2 form) not more than ten calendar days after receipt of a compliant application.
• The information manager must make reasonable efforts to locate requested records and record the efforts made if a record cannot be found.
• Where a fee is payable, the record must be provided to the applicant within fourteen calendar days from the date the fee is received.
• Before refusing access on grounds of unreasonable diversion of resources, the information manager must send written communication explaining the issue and inviting consultation to narrow the request.
• Where an application is transferred to another public authority, the information manager must notify the applicant of the transfer within ten calendar days.
• Where a record contains third-party personal information, the information manager must send written notice to the third party within fourteen calendar days of receipt of the application.
• A third party receiving such notice must be given the opportunity to respond (consent or object) within twenty-eight calendar days from the date of the notice.
• A third party dissatisfied with a decision to grant access may appeal to the Ombudsman within thirty calendar days from receipt of the decision notice, and the public authority must withhold the record pending that appeal.
• An applicant seeking access to their own personal information must provide acceptable proof of identification; where applying on another's behalf, proof of authority (e.g., power of attorney, court order, or probate/letters of administration) must be provided.
• An information manager must give the applicant a fee estimate before granting access, and fees (other than reproduction fees) must be paid before access is granted.
• An application is deemed withdrawn if the applicant fails, within thirty calendar days of notification of fees, to respond, set an inspection appointment, or collect the records (though a further thirty-day extension may be granted if requested before expiry).
• Fees charged for reproduction, conversion, and expedited service must follow the amounts specified in Schedule 3.

Applies to

public authorities, information managers

Deadlines

• 2 working days: Time for an officer receiving an application to pass it to the information manager.
• 10 calendar days after receipt of a compliant application: Deadline for the information manager to dispatch a written acknowledgement.
• 14 calendar days from receipt of fee: Deadline to provide the record to the applicant once a fee has been paid.
• 10 calendar days: Deadline to notify the applicant when an application is transferred to another public authority.
• 14 calendar days of receipt of the application: Deadline for the information manager to send notice to a third party whose personal information may be disclosed.
• 28 calendar days from the date of the notice: Time for a third party to respond to a notice regarding disclosure of their personal information.
• 30 calendar days from receipt of the decision notice: Time for a third party to appeal a decision to grant access to the Ombudsman.
• 30 calendar days of receipt of notification of fees: Period after which an application is deemed withdrawn if the applicant fails to respond, arrange inspection, or collect records (extendable by a further 30 days if requested before expiry).

Related documents

• This document is made under Freedom of Information Act (2021 Revision)