Freedom of Information (Information Commissioner) Regulations, 2008 (SL 12 of 2008)

Summary

This is a 2008 statutory regulation made under the Cayman Islands' Freedom of Information Law, setting out the procedure for selecting and appointing the Information Commissioner (the official who oversees FOI compliance across government). It is not a CIMA financial-services rule and does not impose requirements on banks, trust companies, or other CIMA-regulated entities; it appears on CIMA's laws/regulations page only because CIMA (as a public authority) is itself subject to the Freedom of Information Law framework.

• Selection panel: The Governor must appoint a selection panel, including an opposition member and a member of the public.
• Applications and nominations: Candidates apply or are nominated using the prescribed Schedule form for nominations.
• Recruitment process: The position is advertised, shortlisted, and interviewed before the Governor ultimately appoints the Commissioner.
• Record-keeping and confidentiality: The Regulations impose record-keeping and confidentiality duties on the panel and the Governor during the selection process.

Because the substance concerns internal government appointment procedure rather than obligations on regulated financial institutions, compliance officers at CIMA-regulated entities will generally find this document informational only, with no direct compliance obligations for their firms.

Key obligations

• The Governor must appoint a selection panel of no more than five persons, including at least one opposition member and one member of the public.
• Nominations for Information Commissioner must be submitted using the form set out in the Schedule, and a nomination is invalid unless the nominee agrees in writing.
• The position must be publicly advertised, with the advertisement open for no less than fourteen calendar days before the closing date.
• The selection panel must review applications/nominations, prepare a shortlist, and notify unsuccessful (non-shortlisted) candidates in writing, then publicly announce the shortlist.
• The selection panel must interview all shortlisted candidates in a consistent and fair manner and recommend a candidate to the Governor as soon as reasonably practicable after deciding.
• The Governor must, within seven days of making the appointment, dispatch written notice to each shortlisted candidate who was unsuccessful.
• The Governor must, as soon as practicable after appointment, publish the name and biography of the Information Commissioner in the Gazette and at least one daily newspaper.
• All decisions and reasons for decisions in the selection process, including regarding unsuccessful applicants, must be documented.
• The selection panel and the Governor must not allow unreasonable disclosure of candidates' personal information.

Deadlines

• no less than fourteen calendar days: Minimum period between the appearance of the job advertisement for Information Commissioner and the closing date for applications/nominations.
• within seven days of making the appointment: Governor must dispatch written notice to each unsuccessful shortlisted candidate.