Freedom Of Information Act Still Being Reviewed

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BVI Platinum News
Governor John Duncan, September 2016

(PLTM) - The media and members of public will have to wait a little longer to see the government introducing a Freedom of Information (FOI) Act, something that the National Democratic Party (NDP) administration, has been accused of deliberately dragging their feet.

Yesterday, September 22, during the Speech From The Throne, Governor John Duncan, said that the bill is being reviewed.

"The Freedom of Information Bill is being reviewed to ensure its mandates can be successfully carried out in light of imminent legislation to be passed for e-Government and Data Protection," he said.

The Governor added, "based on the experiences of other Overseas Territories, it is well known that Freedom of Information can require significantly increased resources to satisfy information requests; especially when coming from the press."

He said that because of this, it is important to ensure that the necessary systems are in place to respond to such requests efficiently without compromising Government's responsibility to protect personal data under the law.

To this end, the Governor indicated that the Data Protection Bill will be introduced to provide the legal framework to ensure that all sensitive personal data of persons in the Territory is protected.

"The legislation will also give individuals the right to know what information is held about them and provide the regulation for how personal information is handled. The proposed legislation applies to all processing of data in the Territory," Governor said.

This is not the first time that the Freedom of Information Act has been mentioned in the Speech From The Throne.

The NDP administration has been very critical of the media, taking stabs at headlines, articles, cartoons, and general coverage. They have also suggested implementing rules and procedures to govern the functions of the press.

The NDP government had also faced international criticisms when it rushed to pass the Computer Misuse and Cybercrime Act 2014. The original Act was rejected by former Governor Boyd McCleary and Premier Hon. Dr. Orlando Smith returned to the House of Assembly to add a new provision to allow information obtained from unofficial sources to be published in the best interest of the BVI.

The move came following concerns from several persons, including the former Governor McCleary about the previous version of the Bill where whistle-blowers and persons who publish information from unauthorized sources face prosecution, including a hefty fine that can go as high as $1 million.

However, despite media criticisms, Government continues to make annual promises to implement a Freedom of Information Act.

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