Name of Public Authority:   E-Commerce Advisory Board (ECAB)

Introduction:

The general purpose of the Public Access to Information (Bermuda) Act 2010 (the Act) is to:

1. Give the public the right to obtain access to information held by public authorities to the greatest extent possible, subject to exceptions that are in the public interest or for the protection of the rights of others;

2. Increase transparency and eliminate unnecessary secrecy with regard to information held by public authorities;

3. Increase the accountability of public authorities;

4. Inform the public about the activities of public authorities, including the manner in which they make decisions; and

5. Have more information placed in the public domain as a matter of routine.

   • Nevine Lewis, Chair

Every public authority is required to have an information statement under the Act. This information statement provides the public with a description of the E-Commerce Advisory Board and its functions and structures, a summary of services, and a description of the classes of records held. Brief summaries of administrative manuals, policies, rules and guidelines are also provided.

Under the Act, Bermudians and Bermuda residents have the right to request and have access to any record held by a public authority, other than an exempt record. Some records fall within Part 4 of the Act, such as information received in confidence pursuant to Section 26 and information related to the deliberative process pursuant to Section 29. Therefore, not all records can be accessed. This information statement clarifies these categories of information where required.

Section A: Structure, Organization and Legislation  [s5(1)a]

The E-Commerce Advisory Board (ECAB) is a statutory Board that was created under the Electronic Transactions Act 1999 (ETA) and intended to advise the Minister about matters relating to e-commerce in Bermuda. 

Ecommerce Advisory Board Members, 2024 (Notice 22 February 2024 ID GN0192/2024)

• Lorenzo Burch, Deputy Chair
• Chris Burns
• Edgar Dill 
• Geoff Scott 
• Henrik Knudsen – Resigned 21 November 2024
• Jerome Wilson
• J’Von Furbert
• Noreco Burgess 
• Richard Lau
• Jamillah Lodge
• EDD, Ex-Officio
• Ministry of Finance, Ex-Officio.

Upon gazetting, each ECAB member signs both:

1. A Declaration of Interest Form, and
2. A Letter of Appointment.

Legislation: Under Section 30 of the ETA, there is a provision for the E-Commerce Advisory Board (ECAB).                       

Section B: 1) Functions, powers, duties of the Authority  [s5(1)b]

ECAB advises the Minister to allow the function of the ETA to be fulfilled.

ECAB also advises the Minister on any matter referred to it by the Minister or of its own initiative.

The Minister appoints ECAB members by notice published in the official Gazette. ECAB consists of no fewer than five and no more than 11 persons who are knowledgeable about information and communication technologies (ICT).

Section B: 2) Obligations under PATI Act   [s5(1)b]

To provide an information statement for the public and promulgate it [s5], 

• To provide other information to the public so that the public needs only to have minimum resort to the use of the Act to obtain information [s6]. This includes:

  • General information, e.g. activities of the Authority 

  • Log of all information requests and their outcome

  • Quarterly expenditure (upon request) [s6(5)]

  • Contracts valued at $50,000 or more.

• To respond to information requests in a timely manner [s12-16]

• To track information requests, and provide this data to the Information Commissioner

• To respond to requests from the Information Commissioner [s9]

• To amend personal information held by the Authority that is wrong or misleading following a written request by the person to whom the information relates [s19]

• To conduct an internal review if formally requested [part 5]

• To give evidence for review by the Information Commissioner [part 6, 47(4)], or for judicial review [s49], if required

• To provide an annual written report to the Information Commissioner of the status of information requests [s58 (3)]. 

• To do anything else as required under the PATI Act and subsequent Regulations [s59, 60], including:

  • Fees for Requests for information

  • Management and maintenance of records

  • Procedures  for administering the Act 

• To train staff and make arrangements so as to facilitate compliance with the Act [s61]

• To designate one of its officers to be the person to whom requests are directed [s62]

Section C: Services and Programmes [s5(1)c]

ECAB advises the Minister - it is not responsible for services and programmes.

Section D: Records and documents held [s5(1)d]  

1. How we make decisions:

ECAB advises the Minister to allow the function of the ETA to be fulfilled. It does not make decisions.  

1. Classes of Information generally not included as per exemptions under the Public Access to Information (Bermuda) Act 2010:

   1. Health or safety:  where disclosure would endanger the physical or mental health or the safety of an individual

   2. Information received in confidence

   3. Cabinet documents

   4. Ministerial responsibility:  where disclosure of records could undermine free and frank discussion and advice between Ministers, or between Ministers and public officers, in the course of their public duties

   5. Deliberations of public authorities:  where disclosure could undermine free and frank discussion and advice during the course of the deliberative process

   6. Operations of public authorities:  where disclosure could prejudice the effectiveness of operations of public authorities

   7. Records for which disclosure could have an adverse effect on the financial and economic interests of Bermuda

   8. National security, defence and international relations (e.g. Bermuda Regiment Aide Memoirs, Standard Operating Procedures)

   9. Governor’s responsibilities and communications with the United Kingdom

   10. Law enforcement records: where disclosure of certain types of information would prejudice law enforcement efforts or would endanger a person’s life or safety

   11. Legal professional privilege: where disclosure of records would be exempt from production in legal proceedings on the basis of legal professional privilege

   12. Records for which disclosure would be in contempt of court or a breach of parliamentary privilege

   13. Disclosure prohibited by other legislation

Section E: Administration (all public access) manuals   [s5(1)e]

N/A

Section F: Decision-making documents  [s5(1)f]

1. Minutes of Meetings

2. Yearly and ad hoc reports

3. Research findings

4. Reports and papers provided for consideration at meetings.

5. ECAB Terms of Reference

Section G: The Information officer [s5(1)g]

Requests for information shall be in writing and directed to the Information Officer for the Economic Development Department:

Maryem Biadillah, MBA

Senior Manager

Economic Development Department

1st Floor, Sofia House

48 Church Street, Hamilton HM 12

PO Box HM2280

Hamilton HMJX

Telephone Number: 1 (441) 533-2015

Email address:  mbiadillah@gov.bm

Section H: Any Other Information  [s5(1)h]

N/A

Section I: Any Other Information To be Provided?  [s5(1)i]

N/A

Section J: Information Statement: Copies and Updates  [s5(2,3,4,5)]

Maryem Biadillah, Senior Manager

31 December 2024