Tourism sponsorship business cases and agreements to be disclosed (2023-09-14)

Summary

This is a case summary of a Freedom of Information decision by the Cayman Islands Ombudsman involving the Department of Tourism (DOT). An applicant sought records on overseas sponsorship and partnership agreements, public relations campaigns, and related business cases and costs from 2020 to 2022. DOT had withheld the business cases and redacted parts of the sponsorship and partnership agreements, citing prejudice to commercial value and interests.

• Finding on commercial exemption: The Ombudsman found the withheld records contained no trade secrets and that disclosure would not prejudice commercial value or interests, so the exemption did not apply.
• Finding on personal information: Names, positions and official contact details of DOT employees were not personal information and could be disclosed; contact details and signatures of private sponsoring/partnering entities were personal information and could be withheld.
• Order: DOT was ordered to disclose the business cases and agreements in full, except for the personal information of private persons.
• Procedural concerns noted: The Ombudsman highlighted that no internal review had been conducted and that there had been a full year of delay in handling the request.

This is a decision on a specific access-to-information dispute rather than a rule of general application, but it illustrates how the Ombudsman applies the commercial prejudice and personal information exemptions under the Freedom of Information Law to sponsorship and partnership arrangements involving public authorities.

Key obligations

• The Department of Tourism must disclose the requested business cases and sponsorship/partnership agreements in full, redacting only the personal information (contact details and signatures) of private sponsoring or partnering entities.

Applies to

Department of Tourism, public authorities subject to the Freedom of Information Law