Accessing information under the Freedom of Information Act, 1997

Rights of access to and amendment of records
Making an application under the Freedom of Information Acts
How Freedom of Information applications are dealt with
Fees
Rights of review and appeal

1. Rights of access to and amendment of records

Under the Freedom of Information Act, 1997, you are entitled to apply for access to information not otherwise publicly available. You have a right to:

access records held by the Department;
correct personal information relating to yourself held by the Department where it is inaccurate, incomplete or misleading;
access reasons for decisions made by the Department directly affecting you.

The following records come within the scope of the Act:

all records held by the Department which were created after the coming into force of the Freedom of Information Act on 21 April 1998;
any record created before 21 April 1998 if this record is necessary for understanding a record created after 21 April 1998.
all personal information about you which is held by the Department, regardless of when the records were created.

2. Making an application under the Freedom of Information Act

Requests for information under the Freedom of Information Act 1997 should be made in writing. In preparing your request, you should follow these guidelines.

State that your request is made under the Freedom of Information Act. No legal formulas are required; it is sufficient to mention the name of the Act, or that you are making a "freedom of information" request. If you request records which are only available under the Act, without explicitly mentioning the Act, you will receive a letter from the Department of Health and Children informing you of this, and offering assistance in the preparation of a valid request.
Provide sufficient information. You should provide enough information to enable Department staff to identify the records requested. A vague request will be difficult to answer and may be invalid.
State any preference you have regarding the form of access. In most cases, photocopies of the records sought are enclosed with the decision letter.
Provide full personal contact details.
Include application fee if appropriate. See section 4 below.

The Department also provides application forms on request. (Download application form)

You do not have to give any reason for wanting access to the record, and no person has the right to demand such reasons from you. However, these reasons may be helpful in focussing the request to identify the relevant records or in highlighting important issues to be considered. If you have difficulty in identifying the precise records which you require, the Freedom of Information Unit will be happy to assist you in preparing your request.

Applications under the Freedom of Information Act 1997 should be addressed to:

Freedom of Information Unit, Department of Health and Children, Hawkins House, Hawkins St., Dublin 2.
Telephone : (01) 6354199
Fax: (01) 6353136

3. How Freedom of Information applications are dealt with

The Freedom of Information Act sets down strict time-limits for the processing of your request:

You should receive an acknowledgement of your request within two weeks of receipt of your request;
You should receive a reply to your request within four weeks of receipt of your request. However, the Department may extend this period for up to four more weeks if:
- your request relates to a very large number of records, or
- a large number of requests for the same record(s) have been made
If the period is extended, you will receive notice of this before the end of the initial four-week period, and the reasons for the delay will be given.

If the Department considers that your request should have been sent to another public body, the request shall be forwarded to that body, and you will be notified that this has happened. This must be done not later than two weeks from the receipt of your request. Your request will then be treated as though you had sent it to the second public body on the date on which it was forwarded by the Department.

If the Department holds some, but not all, of the records you have requested, then you will be sent a letter informing you of this, and supplying the name(s) and contact details of the other bodies from whom you should request those records not held by the Department.

When the Department has completed its work on the request you will receive a letter setting out:

The decision, indicating what records have been released, part released, or withheld;
The reasons for withholding any records or parts of records to which access is refused;
The name of the person dealing with your request;
The date on which access to the relevant records will be granted, and the manner in which it will be granted;
Details of the search, retrieval and copying charges, where applicable.
Your rights of appeal and review, as set out below.

4. Fees

The Freedom of Information Act 1997 provides for search and retrieval fees. The Freedom of Information Act 2003 requires the charging of upfront fees in advance of the processing of requests for access to non-personal records.

Upfront Application Fees

There is no application fee if your request is for personal information only. However, if your request is for a record containing non-personal information, an application fee of €15 (€10 if you are a medical card holder) must accompany your request.

Search and Retrieval and Copying Fees

A fee may be charged for the following:

The cost of searching for and retrieving the relevant record(s), based on a standard hourly rate of €20.95;
The cost of copying records released - the photocopying rate is 4 cent per page;

If the cost of satisfying the request is expected to exceed €50.00, the Department must request a deposit from you. In cases where a deposit is payable, the Department will, if requested, assist in amending your request so as to reduce or eliminate the deposit.

These charges will not apply in certain circumstances:

No charges will apply in respect of the time spent by the Department in considering requests;
Time spent in retrieving personal records will not be charged for, unless the number of records requested is large. The cost of copying such records may also be waived.
Where collecting the fee, and related costs, would exceed the amount of the fee;
Where the information requested would be of particular assistance to the understanding of an issue of national importance;
In the case of personal information, where such charges would not be reasonable having regard to the means of the requester.

5. Rights of review and appeal

Internal review

If you are dissatisfied with the initial response received, e.g. refusal of access, form of access, charges etc. you may ask that a more senior official of the Department review the initial decision. This review will be assigned to one of a panel of senior officials. You may also seek such a review if you have not received a reply within four weeks of your initial application as this is deemed to be a refusal of your request. In seeking a review, it will assist the reviewer if you state the reasons for your review request.

Requests for internal review should be submitted in writing to the Freedom of Information Unit within four weeks of the date of the initial decision. Enclose the application fee where appropriate. The Department must complete the review within three weeks.

Review by the Information Commissioner

Following completion of the internal review, you may seek independent review of the decision by the Information Commissioner. You may also appeal to the Information Commissioner if you have not received a reply to your application for internal review within three weeks as this is deemed to be a refusal. Enclose the application fee where appropriate.

Appeals, in writing, may be made to the Information Commissioner at the following address:

Office of the Information Commissioner, 18 Lower Leeson Street, Dublin 2.
Tel : (01) 6395689
Fax: (01) 6395676
E-mail : info@oic.ie