Gibraltar’s government has proposed freedom of information legislation, according to a June 8 press release.
The bill would establish procedures and policies for accessing information. In February, the government announced the start of a consultations based on a Command Paper.
The proposed law would cover public authorities including bodies that exercise “functions of a public nature.”
The bill includes many standard exceptions, such as to protect personal information, criminal investigations and commercial interests.
The proposed exemption for protecting draft materials and the deliberative process is the longest exemption. Protected are “cabinet documents documents (whether in draft form or otherwise).” Also excepted is “information which could infringe the privileges of the Gibraltar Parliament.” Information provided to the government would be not be disclosable without the consent of whomever provided it.
Under some circumstances, “a public authority may respond to a request by neither confirming nor denying whether such information exists and is held by the public authority, whether or not it holds such information….”
Although there is “a presumption in favour of disclosure, the proposal would allow denial of a request if “the public interest in maintaining the exception outweighs the public interest in disclosing the information.”
Requests for environmental information would be handled under regulation 2 of the Freedom of Access to Information on the Environment Regulations 2005.
Fees Possible, One Month Deadline
Requesters could be charged fees, to be set by later regulations. No charges are to be made for access to any public registers or lists of information held by the public authority; or to examine the information requested at the place which the public authority makes available for that examination. Charges for making material available must be paid in advance of obtaining the material.
Requests may only be made by Gibraltar residents 18 years or older. Requesters would not need to give reasons for making the request.
Replies should be provided within one month, with another month allowed for complex requests. A clause allows for the denial of requests that are “manifestly unreasonable” or “too general.” Provisions on transferring requests to other agencies are included.
Information would have to be provided in the form or format requested unless “it is reasonable” not to or if the information is already available in another form or format.
Public authorities will be obliged to publish certain information about their activities.
Appeals could be made first to the government body and then to an “independent” information commissioner. The bill says the information commissioner functions will be handled by the Gibraltar Regulatory Authority, the statutory body responsible for regulating electronic communications.
The commissioner’s decisions could be appealed to the Magistrates’ Court.
It appears that the scope of the exemptions and the public bodies covered could be altered by regulation.
Gibraltar is a British Overseas Territory that governs its own affairs, though some powers, such as defense and foreign relations, remain the responsibility of the UK government
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