FoI Legislation The Freedom of Information Act 2014 updates and restates the freedom of information legislation. It replaces the 1997 and 2003 Acts. The original 1997 legislation was enacted at the behest of the Fine Gael-Labour coalition of the mid-1990s. It was amended substantially in 2003. The 2003 amendments related principally to the treatment of government records, restrictions in relation to records under deliberative processes, […]
Public Bodies Covered The effect of the 2014 legislation was to remove the main restrictions introduced in 2003. It extends freedom of information to all public bodies. It provides a framework for the extension of freedom of information to public bodies in receipt of significant exchequer funding. The Act applied freedom of information principles to all public bodies with some exemptions and to all bodies […]
Governmental Records The position with governmental meetings was restored by the 2014 Act to the position under the 1997 legislation. The power of the head of the body to refuse a request relating to government records or records to be submitted to the government, which was introduced in 2003, is removed, and discretionary power is substituted. The exemption may be available if records are solely […]
Aarhus Convention The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is referred to as the Aarhus Convention. It provides for access to environmental information held by public bodies. It allows for participation by the public in decision-making and access to justice in environmental matters. The Convention guarantees rights of access to environmental information, arrangements for access […]
Right to Rectify The freedom of information legislation provides for a right for individuals to have access to and rectify where necessary, personal information held about them by public bodies. The right is supplemental to the provisions in the Data Protection Act and GDPR to amend and correct personal information held by certain third parties. An application may be made to correct the information held by […]
Broad Exemptions The Freedom of Information Act provides for a number for exemption. Each is designed to protect a particular interest. Some exemptions are in general terms relative to the type of information involved. Others relate to particular agencies. The principal exemptions are as follows. Government meetings deliberations of public bodies law enforcement and public safety parliamentary court and other matters functions and negotiations of […]
Given in Confidence Freedom of information legislation protects information given in confidence, in most cases. There are exemptions specific to civil law and criminal law. Potential exemptions are provided for in the context of the public interest, in the civil law context. In addition to exemptions specific to particular categories of information, there were mandatory grounds and grounds on which refusal of disclosure is mandatory. A […]
Personal Information and Exceptions A head of a public body shall refuse a freedom of information request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information including personal information relating to a deceased person. The above does not apply if the information concerned relates to the person making the request, the individual to whom the […]
Law Enforcement and Public Safety Freedom of information legislation contains significant exemptions in respect of law enforcement and public safety issues. A head may refuse a request for access to a record if it could be expected to prejudice the prevention, detection and investigation of offences, apprehension or prosecution of offenders or the effectiveness of lawful methods, systems and plans and procedures for the purpose […]
Information Commissioner The Freedom of Information Act establishes the Information Commissioner. The Ombudsman was appointed as Information Commissioner. The Information Commissioner may make a legally binding determination. His or her decisions may be appealed on a point of law to the High Court. The Commissioner monitors the enforcement and operation of the Freedom of Information Act. The Information Commissioner is an independent officer and is […]
Overview The Freedom of Information Act creates a right of access for the public to Government information. The initial 1997 legislation was revised considerably in 2003. The broad effect of the 2003 revision was to reduce the scope of information available. The legislation was replaced in 2014, largely with the intent of reinstating the original 1997 legislation. The Act applies to a range of governmental […]
Certain Bodies The legislation does not apply to Courts or tribunals. It does not apply to: Records held by the Attorney General and Director of Public Prosecutions; Records held by the Director of Corporate Enforcement; Records held by the Medical Bureau of Safety regarding road traffic; Ombudsman’s information other than records created before the commencement of the review, investigation, audit or examination in question (in […]