Questions Answered here
1. What is FOI?
2. Who has FOI?
3. How does it work?
4. How can a request be made?
5. Can I get access to any information that I seek?
6. What can I do if I am unhappy with a decision on my request?
7. Is there a charge for getting information under the FOI Act?
8. Do I need to make a FOI request to get information from public bodies?
9. What are the benefits of FOI?
1 What is FOI?
The FOI Act provides, that from 21 April 1998, every person has the following new legal rights:
- the right to access official records held by Government Departments or other public bodies listed in the Act;
- the right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading; and
- the right to be given reasons for decisions taken by public bodies that affect them.
These rights mean that from 21 April, 1998 people can seek access to personal information held on them no matter when the information was created, and to other records created after 21 April, 1998.
2 Who has FOI?
FOI exists in the Scandinavian countries, in Canada, New Zealand, Australia, the United States and many other EU countries.
3 How does it work?
The Act requires public bodies to respond to requests from the public for information they hold. In most cases, public bodies must give their decision on a request within 4 weeks of receiving it. Also, public bodies must produce reference books setting out the structure of their organisation, the arrangements in place for providing information and any rules, guidelines or practices they use in reaching decisions that effect the public. These books are available from the public bodies concerned, and in many cases from public libraries. Some public bodies will also have their reference books available on the internet and on CD-ROM.
4 How can a request be made?
Requests must be in writing, along with the fee if applicable (see Number 7 below) , they must specify that they are under the FOI Act and they must be clear enough so that the public body to whom the request is addressed understands what records are being requested. In cases where the public body is not clear what records are being requested, it must assist the requester to put his/her request in such a way that the records being sought can be identified.
5 Can I get access to any information that I seek?
Any official information held by public bodies can be sought under the Act. However, in order to allow Government business to be properly conducted, it will sometimes be necessary to exempt from release certain types of information in some circumstances. These are set out in the Act. Among the key exemptions are records relating to:
- Government meetings,
- law enforcement and security,
- confidential and commercially sensitive information,
- personal information (other than information relating to the person making the request).
6 What can I do if I am unhappy with a decision on my request?
Requesters can appeal to the public body to re-examine their case. The public body must have the request reviewed by someone more senior than the person who made the original decision. The reviewer can change or agree with the original decision. If the requester is still unhappy with the decision, he or she has the right to appeal the decision to the Information Commissioner. The Commissioner has been appointed specifically to hear appeals from members of the public who are not happy with decisions made on their requests.
The appeal may be subject to an up-front fee (see "Your Questions Answered", Number 7 below which details charges applicable for appeals.)
7 Is there a charge for getting information under the FOI Act?
There are basically two types of charges that apply under the Freedom of Information Act:
Fees that accompany a request for a record: A fee of €15 must accompany a request for records other than records containing only personal information relating to oneself. A reduced fee of €10 applies in relation to such a request if you are covered by a medical card. Neither fee applies if the request is for personal information relating to oneself.
Fees/deposits in relation to the cost of search and retrieval and copying of records released : Requesters can also be charged for the time spent finding records that are to be given to them, and for any photocopying costs incurred by the public body in providing material to the requester. Such costs are very unlikely to arise in the case of personal information. Requesters cannot be charged for the time spent on deciding whether or not to grant their request.
Is there a charge for appealing a decision of a public body?
A fee of €75 must accompany most applications for internal review of a decision of a public body. A reduced fee of €25 applies if you are covered by a medical card. There is no fee for internal review applications concerning only p
ersonal information relating to oneself or in relation to a decision to impose a fee or deposit.A fee of €150 must accompany most applications for review by the Information Commissioner. A reduced fee of €50 applies if you are covered by a medical card or in relation to a review concerning certain third party information. There is no fee for review applications concerning only p
ersonal information relating to oneself or in relation to decisions to impose fees or deposits.8 Do I need to make a FOI request to get information from public bodies?
No. Public bodies routinely make information available to the public through information leaflets, publications and in response to enquiries. This will continue. FOI provides an additional source of information by facilitating access to records not made routinely available.
9 What are the benefits of FOI?
The Act will provide for greater access to official information by citizens. The experience of other countries with FOI legislation is that, because the records produced by public servants are more likely to be seen by the public, the process of making decisions and giving reasons for them has improved greatly.
Further information on FOI is available from:
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FOI Unit, Department of Agriculture and Food, Agriculture House, Kildare Street, Dublin 2. Tel: 01-6072952 Oifig Faisnéise, An Roinn Ealaíon, Oidhreachta, Gaeltachta agus Oileán, Information Office, Department of Arts, Heritage, Gaeltacht and the Islands, "Dún Aimhirgin", 43-49 Mespil Road, Dublin 4. FOI Unit, Department of Defence and Army Pensions Board, Infirmary Road, Dublin 7. FOI Unit, Department of Education and Science, Marlborough Street, Dublin 1. FOI Unit, Department of Enterprise Trade and Employment, Kildare Street, Dublin 2. FOI Unit, Department of the Environment & Local Government, Custom House, Dublin 1. Departmental FOI Unit, Department of Finance, Government Buildings, FOI Unit, Department of Foreign Affairs, 80 St. Stephen's Green, Dublin 2. FOI Unit, Department of Health and Children, Hawkins House, Dublin 2. Press and Information Office, Department of Justice, Equality and Law Reform, 72-76 St. Stephen's Green, FOI Officer, Department of the Marine and Natural Resources, Leeson Lane, Dublin 2. FOI Section, Department of Public Enterprise, 25 Clare Street, Dublin 2. Information Service, Department of Social, Community and Family Affairs, Áras Mhic Dhiarmada, FOI Unit, Department of Government Buildings, Upper Merrion Street, Dublin 2. FOI Unit, Department of Tourism, Sports and Recreation, Kildare Street, Dublin 2. Appeal Commissioners for the purposes of the Tax Acts, Fitzwilton House, Fitzwilton Place, Attorney General, Government Buildings, Blood Transfusion Service Board, Pelican House, 40 Mespil Road, An Bord Pleanála, Floor 3, Block 6, Irish Life Centre, Lower Abbey Street, Dublin 1. FOI Unit, Central Statistics Office, Skehard Road, Cork. Censorship of Publications Board, 13 Lower Hatch Street, Dublin 2. Chief State Solicitor's Office Dublin Castle, Dublin 2. Office of the Civil Service and Local Appointment Commissioners, 1 Lower Grand Canal Street, Dublin 2. An Coimisiún Logainmneacha, Oifig na Suirbhéireachta Ordanáis, Pairc an Fhoinnuisce, BÁC 8. Comhairle na Nimheanna, C/O Department of Health and Children, Hawkins House, Comhairle na nOspidéal, Corrigan House, Fenian Street, Commissioners of Charitable Donations and Bequests, 12 Clare Street, Dublin 2. |
Companies Registration Office, Parnell House, Parnell Square, Dublin 1. Competition Authority, Parnell House, Parnell Square, Dublin 1. Comptroller and Auditor General, Treasury Building, Dublin Castle, Dublin 2. FOI Officer, Defence Forces HQ, Infirmary Road, Dublin 7. Director of Consumer Affairs, 4-5 Harcourt Road, Director of Public Prosecutions, 14-16 Upper Merrion Street, Dublin 2. Employment Equality Agency, 36 Upper Mount Street, Dublin 2. Environmental Protection Agency, Johnstown Castle Estate, Heritage Council, Kilkenny. Office of the Houses of the Oireachtas, Leinster House, Information Commissioner, 18 Lower Leeson Street, Ireland-United States Commission for Educational Exchange, C/O Dept of Foreign Affairs, Irish Manuscripts Commission, 73 Merrion Square, Irish Medicines Board, Earlsfort Centre, Earlsfort Terrace, Dublin 2. Irish Sports Council, Floor 11, Hawkins House, FOI Unit, Land Registry, Chancery Street, Dublin 7. FOI Unit, Met Éireann, Glasnevin Hill, Dublin 9. National Archives, Bishop Street, Dublin 8. National Archives Advisory Council, C/O National Archives, Bishop Street, Dublin 8. National Council for Curriculum and Assessment, 24 Merrion Square, National Gallery of Ireland, Merrion Square, National Library of Ireland Kildare Street, National Museum of Ireland, Kildare Street, Official Censor of Films, 16 Harcourt Terrace, FOI Unit, Office of Public Works, 51 St. Stephen's Green, Ombudsman, 18 Lower Leeson Street, FOI Unit, Ordnance Survey, Phoenix Park, Dublin 8. Patents Office, Pensions Board, Verschoyle House, Public Offices Commission, 18 Lower Leeson Street, Registrar of Friendly Societies, Parnell House,Parnell Square, Registry of Deeds, Henrietta Street, Dublin 1. FOI Central Unit, Revenue Commissioners, South Great Georges Street, Dublin 2. Social Welfare Appeals Office, D'Olier House, D'Olier Street, State Laboratory, Abbotstown, FOI Unit, Valuation Office, Irish Life Centre, |
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