Freedom of Information
What is the Freedom of Information (FOI) Act, 1997?
The FOI Act, 1997 created the following three new legal rights for members of the public:
- The right to obtain records held by Government Departments and public bodies.
- The right to obtain reasons for decisions affecting oneself.
- The right to have official information relating to oneself amended where it is incorrect, incomplete or misleading.
The Act came into force on the 21st April 1998 for Government Departments.
Download a copy of the 1997 Act in PDF (478KB) : HTML (218Kb).
What is the Freedom of Information (Amendment) Act, 2003?
An act to amend the Freedom of Information Act 1997, known as the Freedom of Information (Amendment) Act 2003, was signed into law on 11 April 2003. On and from that date all FOI requests must be processed in accordance with the FOI Act 1997 and the FOI (Amendment) Act 2003. The main purpose of the 2003 amendment Act is to provide protection for records relating to the workings of Government.
Download a copy of the 2003 Act in PDF (63Kb) : HTML (57Kb).
What is the purpose of the FOI Acts 1997 and 2003?
The Acts are designed to provide a right of access to information held by public bodies to the greatest extent possible. However, the Acts by making certain exemptions, seek to achieve a balance between this right of access on the one hand, and on the other, the right to privacy and in some cases the public interest in maintaining confidentiality.
What records are covered by the FOI Acts?
The following records come within the scope of the Act:
- All records relating to personal information held by the Department, irrespective of when created.
- All other records created from commencement date i.e. 21st April 1998.
- Any other records necessary to the understanding of a current record.
- Personnel records of staff created from 21st April 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved. Section 46 of the 1997 Act, as amended by the 2003 Act, sets out the restrictions on the application of the Act.
How do the Acts work?
The Acts require public bodies to respond to requests from the public for records they hold. Generally public bodies must give a decision on a request within four weeks. Staff of public bodies must also assist members of the public seeking access to information.
The Acts require each public body to produce references manuals setting out the structure of the organisation, the services provided and the arrangements in place for providing access to information (commonly known as Section 15 manuals). In addition a manual setting out rules, guidelines and practices used in decision-making must be provided (known as Section 16 manuals). Download this combined section 15 and 16 manual for the Department in PDF (453kb) : Íoslódáil Leabhar Tagartha Alt 15 & 16 i PDF(470kb)
How can an FOI request be made?
Requests must be:
- In writing, by fax or e-mail and addressed to the FOI Unit, Department
of Arts, Sport and Tourism,
New Road
Killarney
Co Kerry
Tel: (064) 6627 316
LoCall 1890 273000
Fax: (064) 6627 320
or
e-mail foi@dast.gov.ie - State clearly that the request is made under the FOI Acts.
- Identify clearly the records/information sought.
- Specify the manner of access sought i.e. copy of record or opportunity to view record.
Proof of identity will be sought before access to personal information is granted. Assistance for members of the public with special needs can be provided on request.
How do I contact the FOI Unit of the Department?
The FOI Unit can be contacted at the following address:
FOI Unit
Department of Arts, Sport & Tourism
New Road
Killarney
Co Kerry
Tel: (064) 6627 316 or (353 1) 6313945
Fax: (064) 6627 320
E-mail: foi@dast.gov.ie
Can I get access to any records that I seek?
Any official records held can be sought under the Acts. However, in certain circumstances it will be necessary to exempt records from release. Sections 19-32 of the 1997 Act outline exemptions which have to be considered. Some key exemptions include:
- Government Records.
- Personal information (other than information relating to the person making the request).
- Information supplied in confidence.
- Law enforcement and public safety.
- Commercially sensitive information.
- Deliberations of public bodies.
- Functions and negotiations of public bodies.
Is there a charge for accessing records under FOI?
Yes - Fees are payable as follows:
- 'up-front' fees (payable from 7th July 2003) that accompany a request for a record under section 7 (or subsequent application for review under section 14 or 34)
- fees/deposits on foot of requests under section 7 related to the cost of search and retrieval and copying of records released to a requester.
Fees payable under the Freedom of Information acts 1997 and 2003 in PDF (108kb)
What can I do if I am unhappy with the outcome of my request?
- You are entitled to have the decision reviewed by an Internal Reviewer within the Department.
- An external review procedure to the Information Commissioner is available following the internal review process.
- Appeal to the High Court on a point of law only is available following review by the Information Commissioner.
- The FOI (Amendment) Act 2003 created a right of appeal to the Supreme Court from a decision of the High Court under section 42.
The Decision Maker handling your request will advise you of the review procedures.