Section 3Part 1 — Preliminary
Application
←→ Navigate · Click subsection badges to collapse · Press ? for help
Subject to subsection (2), this Act applies to —
public authorities;
subject to subsection (5), the Governor's office; and
records, regardless of the date when they were created, but paragraph (a) shall not be read so as to allow access to records containing information —
that may not be disclosed under section 50 of the Monetary Authority Act (2020 Revision);
relating to the directors, officers and shareholders of a company registered as an exempted company under Part VII or VIII of the Companies Act (2021 Revision);
relating to any other class of information which the Cabinet may, by Order, specify.
The Cabinet may after consulting the entity concerned where it considers such consultation appropriate, by Order, declare that this Act shall apply to —
such companies, in addition to those specified in paragraph (c)(i) of the definition of "public authority", as may be specified in the Order;
any other body or organisation which provides services of a public nature which are essential to the welfare of the Caymanian society, or to such aspects of their operations as may be specified in the Order; and
any other body or organisation which receives government appropriations on a regular basis.
An Order under subsection (2) may be made subject to such exceptions, adaptations or modifications, as the Cabinet may consider appropriate.
The Cabinet may, by Order, declare that the application of this Act in relation to any government company specified in paragraph (c)(i) of the definition of "public authority" shall be subject to such exceptions, adaptations or modifications as the Cabinet may consider appropriate and such Order shall be subject to negative resolution.
This Act does not apply to —
the judicial functions of —
a court;
the holder of a judicial office or other office connected with a court;
the security or intelligence services (as defined in subsection (8)) in relation to their strategic or operational intelligence-gathering activities;
such statutory body or authority as the Cabinet may specify by Order;
records that belong to the Government of the United Kingdom of Great Britain and Northern Ireland whether they are created or held in the Cayman Islands or elsewhere and a certificate to that effect issued under the hand of the Governor or the Secretary of State shall not be subject to any judicial or quasi-judicial proceedings;
private holdings of the National Archive where the contract or other arrangements under which the holdings are held do not allow disclosure in the circumstances prescribed under this Act;
the Cayman Islands Stock Exchange (subject to subsection (6)); or
records obtained or created by the Office of the Ombudsman in the course of carrying out its functions (subject to subsection (6)).
This Act applies to records of an administrative nature held in a registry or other office of a court, the Cayman Islands Stock Exchange, or the Office of the Ombudsman.
Nothing in this Act shall be read as abrogating the provisions of any other Law that restricts access to records.
In subsection (5) "security or intelligence services" includes —
the Royal Cayman Islands Police Service;
the Special Constabulary within the Cayman Islands Police Service;
the Customs and Border Control Service;
repealed by section 2 of the Freedom of Information (Amendment) Act, 2019 [Law 26 of 2019];
Her Majesty's Cayman Islands Prison Service;
the Financial Reporting Authority; and
the Tax Information Authority.
Cross References
- Section 50 of Monetary Authority Actexternal
Exemption references section 50 of the Monetary Authority Act (2020 Revision)
- Section of Companies Act
References Part VII or VIII of the Companies Act (2021 Revision) regarding exempted companies
- Section 2 of Freedom Of Information Amendment Act
Subsection (8)(d) repealed by section 2 of the Freedom of Information (Amendment) Act, 2019