Missing exhibit book and entries (2023-10-19)

Summary

This is a published case summary from the Cayman Islands Ombudsman describing the outcome of a Freedom of Information (FOI) appeal against the Royal Cayman Islands Police Service (RCIPS). It illustrates how the Ombudsman applies search adequacy standards and the judicial exclusion under the FOI Act, rather than creating new binding rules.

• Missing records: RCIPS initially could not locate an exhibit book requested by the applicant, and only found it late in the hearing process; the book still did not contain the specific entry sought.
• Search adequacy: The Ombudsman found RCIPS had not conducted a reasonable search until the final stages of the appeal hearing.
• Judicial exclusion upheld: Raw trial data had been redacted under court order, and since judicial functions of a court are excluded from the FOI Act, the Act did not apply to those records.
• Procedural failures noted: RCIPS responded outside statutory FOI timelines and its Chief Officer (or delegate) failed to conduct an internal review that had been requested.
• Recommendations: The Ombudsman recommended RCIPS review its recordkeeping procedures for confiscated items and strengthen internal FOI processes to avoid future delays.

As a case summary, this document is primarily informational and precedent-setting for how similar FOI requests and exclusions will be assessed; it does not itself impose new statutory obligations beyond those already in the FOI Act.

Key obligations

• Public authorities must conduct a reasonable and timely search for requested records before or during an FOI appeal hearing.
• Public authorities must respond to FOI requests within statutory timelines.
• The Chief Officer (or delegate) of a public authority must conduct an internal review when one is properly requested.
• RCIPS was recommended to review and strengthen its recordkeeping procedures for confiscated items and its FOI process handling.

Applies to

public authorities subject to the Freedom of Information Law, Royal Cayman Islands Police Service (RCIPS)