Enforcement
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
An Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies, other bodies in receipt of funding from the State and certain other bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected and, accordingly, to provide for a right of access to records held by such bodies, for necessary exceptions to that right and for assistance to persons to enable them to exercise it, to provide for the independent review both of decisions of such bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and, for those purposes, to provide for the continuance of the office of Information Commissioner and to define its functions, to provide for the publication by such bodies of certain information about them relevant to the purposes of this Act, to repeal the Freedom of Information Act 1997 and the Freedom of Information (Amendment) Act 2003, to amend the Central Bank Act 1942, to amend the Official Secrets Act 1963, to repeal certain other enactments, and to provide for related matters. [14th October, 2014]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: application of Act restricted by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 98(14), to come into effect effect as per reg. 1(2).
Information request to undertakings
98. …
(14) Where the Regulator or another competent authority receives information classified as confidential from the European Commission or from a national regulatory authority or competent authority of another Member State under Article 20 of the Directive and the Regulator or the other competent authority is satisfied that such information is so classified in accordance with rules of commercial confidentiality of the European Union or of the Member State from which the information originated, as the case may be, they shall protect the confidentiality of such information. The Freedom of Information Act 2014 shall not apply to such information.
…
C2
Application of Act restricted (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 94, S.I. No. 640 of 2019.
Restriction of Freedom of Information Act 2014
94. (1) Without prejudice to the exemption for records held by the courts, the Freedom of Information Act 2014 shall not apply to a record relating to the making or investigation, or the resolution by informal means, of a complaint under Part 5 or an investigation pursuant to a referral under section 59 unless—
(a) the record was created before the making of the complaint or the initiation of the investigation under section 59, as the case may be, or
(b) the record relates to the expenses of the Judicial Conduct Committee or a member thereof or a panel of inquiry or a member thereof or other matters concerning the general administration of that Committee or a panel of inquiry.
…
PART 1
Preliminary and General
Section 1
Citation and commencement
1. (1) This Act may be cited as the Freedom of Information Act 2014.
(2) Subject to subsections (3) and (4), this Act shall come into operation on enactment.
(3) This Act shall come into operation—
(a) in respect of any body or other person that, immediately prior to enactment, was a public body within the meaning of the Act of 1997, on enactment,
(b) in respect of any body or other person that, immediately prior to enactment, was not a public body within the meaning of the Act of 1997, but is a public body within the meaning of this Act, 6 months from enactment or on such later day, not later than 12 months from enactment, as the Minister may by order appoint.
(4) Section 8 shall come into operation 12 months from enactment or on such earlier day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision of that section and different days may be so appointed for different purposes or different provisions.
(5) In this section “enactment” means the date of enactment of this Act.
Annotations
Editorial Notes:
E1
Power pursuant to s. 3 exercised in respect of subs.(3)(b) (14.10.2015) by Freedom of Information Act 2014 (Commencement Date for Certain Bodies) Order 2015 (S.I. No. 103 of 2015)
Later date for bodies in Schedule
2. The 14th day of October 2015 is appointed as the later date, as referred to in section 1(3)(b) of the Freedom of Information Act 2014 (No. 30 of 2014), on which that Act (other than section 8) shall come into operation in relation to each body specified in the Schedule.
Schedule
1. An Garda Síochána.
2. Gaslink Independent System Operator Limited.
3. EirGrid plc.
4. ESB Networks Limited.
5. Iarnród Éireann.
Section 2
Interpretation
2. (1) In this Act—
“Act of 1997” means the Freedom of Information Act 1997;
“commencement of this Act” means the time at which this Act comes into operation in relation to the FOI body concerned;
“Commissioner” means the office of Information Commissioner continued in being by section 43 or the holder of that office, as the case may be;
“determined” means determined by the Minister and, in relation to a form, means determined having had appropriate regard to the needs of requesters;
“director” means a director (within the meaning of the Companies Acts) but includes in the case of—
(a) a local authority,
(b) the Health Service Executive,
(c) a public body that is not a company (within the meaning of the Companies Acts), or
(d) a prescribed body,
a person who is a member of any board or other body that controls, manages or administers an entity mentioned in paragraphs (a) to (d);
“effective date” means:
(a) in the case of an entity that immediately prior to enactment of this Act was a public body within the meaning of the Act of 1997 (other than the Health Service Executive or a local authority), 21 April 1998;
(b) in the case of the Health Service Executive or a local authority, 21 October 1998;
(c) in the case of an entity that immediately prior to enactment of this Act, was not a public body within the meaning of the Act of 1997, but is a public body within the meaning of this Act, 21 April 2008, unless provision is made to the contrary by order under section 6;
(d) in the case of a prescribed body, the date that the order prescribing the body under section 7(1) is made, other than where a later date is specified in that order;
“electronic device” includes any device which uses any electrical, digital, magnetic, optical, electromagnetic, biometric or photonic means, or other forms of related technology, or any combination thereof, to store or transmit data, or both store and transmit data;
“enactment” means a statute or an instrument made under a power conferred by a statute;
“entity” means a person, body of persons, organisation or group;
“exempt record” means—
(a) a record in relation to which the grant of an FOI request would be refused pursuant to Part 4 or by virtue of Part 5, or
(b) a record that is created for or held by an office holder and relates to the functions or activities of—
(i) the office holder as a member of the Oireachtas or a political party, or
(ii) a political party;
“factual information” includes information of a statistical, financial, econometric or empirical nature, together with any analysis thereof;
“FOI body” means a public body or a prescribed body;
“FOI request” means a request for access to a record pursuant to section 12;
“give” includes send, whether by post, electronic or other means;
F1[“HBFI group entity” has the same meaning as it has in the Home Building Finance Ireland Act 2018;]
“head” means head of an FOI body;
“head of an FOI body” means—
(a) in relation to a Department of State, the Minister of the Government having charge of it,
(b) in relation to the Office of the Attorney General, the Attorney General,
(c) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,
(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,
(e) in relation to the Office of the Ombudsman, the Ombudsman,
(f) in relation to the Office of the Information Commissioner, the Commissioner,
(g) in relation to the Financial Services Ombudsman’s Bureau, the Financial Services Ombudsman,
(h) in relation to the Office of the Local Appointments Commissioners, the Local Appointments Commissioners,
(i) in relation to the Houses of the Oireachtas Service, the Chairman of Dáil Éireann,
(j) in relation to the Houses of the Oireachtas Commission, its chairperson,
(k) in relation to the Office of the Ombudsman for Children, the Ombudsman for Children,
(l) in relation to the Office of the Pensions Ombudsman, the Pensions Ombudsman,
(m) in relation to the Office of the Legal Services Ombudsman, the Legal Services Ombudsman,
(n) in relation to the Garda Síochána, the Garda Commissioner,
(o) in relation to the Garda Síochána Ombudsman Commission, its chairperson, and
(p) in relation to any other FOI body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;
“local authority” means a local authority for the purposes of the Local Government Act 2001;
“Minister” means the Minister for Public Expenditure and Reform;
“network and information security” means the ability of a network and information system to resist accidental or malicious action that compromises the availability, authenticity, integrity and confidentiality of stored or transmitted data or the related services offered by or accessible via that network and information system;
“office”, in relation to a person, means the offices in which the administration and business relating to the functions of the person are carried on;
“office holder” means—
(a) a person who is a Minister of the Government or a Minister of State, or
(b) a member of either House of the Oireachtas who holds the office of Attorney General;
“personal information” means information about an identifiable individual that, either—
(a) would, in the ordinary course of events, be known only to the individual or members of the family, or friends, of the individual, or
(b) is held by an FOI body on the understanding that it would be treated by that body as confidential,
and, without prejudice to the generality of the foregoing, includes—
(i) information relating to the educational, medical, psychiatric or psychological history of the individual,
(ii) information relating to the financial affairs of the individual,
(iii) information relating to the employment or employment history of the individual,
(iv) information relating to the individual’s membership or former membership of a trade union,
(v) information relating to the individual in a record falling within section 11(6)(a),
(vi) information relating to any criminal history of, or the commission or alleged commission of any offence by, the individual,
(vii) information relating to any proceedings for an offence committed, or alleged to have been committed, by the individual, the disposal of such proceedings or the sentence imposed by any court in such proceedings,
(viii) information relating to the religion, age, racial or ethnic origin, sexual orientation or civil status (within the meaning of section 2(1) of the Civil Registration Act 2004) of, any disability of, or the political opinions or the religious or philosophical beliefs of, the individual,
(ix) a number, letter, symbol, word, mark or other thing assigned to the individual by an FOI body for the purpose of identification or any mark or other thing used for that purpose,
(x) information relating to the entitlements of the individual under the Social Welfare Acts as a beneficiary (within the meaning of the Social Welfare Acts) or required for the purpose of establishing whether the individual, being a claimant (within the meaning of those Acts), is such a beneficiary,
(xi) information required for the purpose of assessing the liability of the individual in respect of a tax or duty or other payment owed or payable to the State or to a local authority, the Health Service Executive or other FOI body, or for the purpose of collecting an amount due from the individual in respect of such a tax or duty or other payment,
(xii) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name would, or would be likely to, establish that any personal information held by the FOI body concerned relates to the individual,
(xiii) information relating to property of the individual (including the nature of the individual’s title to any property), and
(xiv) the views or opinions of another person about the individual,
but does not include—
(I) in a case where the individual holds or held—
(A) office as a director of,
(B) a position as a member of the staff of, or
(C) any other office, or any other position, remunerated from public funds in,
an FOI body, the name of the individual or information relating to the office or position or its functions or the terms upon and subject to which the individual holds or held that office or occupies or occupied that position or anything written or recorded in any form by the individual in the course of and for the purpose of the performance of the functions aforesaid,
(II) in a case where the individual is or was a service provider, the name of the individual or information relating to the service or the terms of the contract or anything written or recorded in any form by the individual in the course of and for the purposes of the provision of the service, or
(III) the views or opinions of the individual in relation to an FOI body, the staff of an FOI body or the business or the performance of the functions of an FOI body;
“political party” means a political party registered in the Register of Political Parties;
“prescribed” means prescribed by the Minister by regulations under this Act;
“prescribed body” means a body or entity declared to be such by the Minister by order pursuant to section 7;
“public body” means a body or entity referred to in section 6(1);
“record” includes—
(a) a book or other written or printed material in any form (including in any electronic device or in machine readable form),
(b) a map, plan or drawing,
(c) a disc, tape or other mechanical or electronic device in which data other than visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the disc, tape or other device,
(d) a film, disc, tape or other mechanical or electronic device in which visual images are embodied so as to be capable, with or without the aid of some other mechanical or electronic equipment, of being reproduced from the film, disc, tape or other device, and
(e) a copy or part of any thing which falls within paragraph (a), (b), (c) or (d),
and a copy, in any form, of a record shall be deemed, for the purposes of this Act, to have been created at the same time as the record;
“request to which section 38 applies” means an FOI request to which section 35(3), 36(3) or 37(5)(a) applies and which, apart from section 38, would fall to be granted;
“requester” means a person who makes an FOI request;
“right of access” shall be construed in accordance with section 11;
“service provider” means a person who, at the time the request was made, was not an FOI body but was providing a service for an FOI body under a contract for services and contract for services in this definition includes an administrative arrangement between an FOI body and another person;
“week” means a period of 5 consecutive week-days and, in determining such a period, a Saturday or a public holiday (within the meaning of the Organisation of Working Time Act 1997) shall be disregarded.
(2) A power conferred by this Act to make determinations shall be construed as including a power exercisable in the like manner to revoke or amend determinations made under the power.
(3) Nothing in this Act shall be construed as prohibiting or restricting access by an FOI body to a record held by another FOI body.
(4) A reference in section 9, 10, 12, 13 or 21 in relation to an FOI request or the receipt of such a request or to an application under section 9(1), 10(1) or 21(2), to the head of an FOI body shall be construed as including a reference to the body and to any director or member of the staff thereof, and this Act shall, with any necessary modifications, apply and have effect accordingly.
(5) In this Act a reference to records held by an FOI body includes a reference to records under the control of that body.
Annotations
Amendments:
F1
Inserted (5.12.2018) by Home Building Finance Ireland Act 2018 (28/2018), s. 20(a), S.I. No. 518 of 2018.
Modifications (not altering text):
C3
Application of subs. (2) restricted (15.12.2021) by Land Development Agency Act 2021 (26/2021), s. 79(2), S.I. No. 712 of 2021.
Application of Freedom of Information Act 2014 to Agency
79. …
(2) Notwithstanding section 2(1) of the Act of 2014, the “effective date” in the case of the Agency and a subsidiary DAC shall, for the purposes of that Act, be 13 March 2019.
(3) The Agency and a subsidiary DAC shall, notwithstanding the dissolution of the dissolved body, comply with any obligations of the dissolved body under the Act of 2014.
…
C4
Reference to Financial Services Ombudsman’s Bureau and the Financial Services Ombudsman construed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), ss. 8(1)(a), 27 and 29(3), S.I. Nos. 524 and 525 of 2017.
Appointment of Ombudsman and Deputy Ombudsman
8. (1) The Minister, having consulted the Minister for Social Protection, from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004 in respect of each of those offices, shall appoint the following:
(a) a person to hold office known as an tOmbudsman Seirbhísí Airgeadais agus Pinsean or, in the English language, the Financial Services and Pensions Ombudsman (in this Act referred to as the “Ombudsman”);
…
Dissolution of bodies
27. The following are dissolved on the establishment day:
(a) the Financial Services Ombudsman’s Bureau;
(b) the Financial Services Ombudsman Council;
(c) the office of the Pensions Ombudsman.
…
References in enactments
29. (1) References to any of the dissolved bodies (other than the Financial Services Ombudsman Council) in any enactment (other than this Act) or any instrument made under such an enactment shall, on and after the establishment day, be construed as references to the Office.
…
(3) References to the Financial Services Ombudsman, the Deputy Financial Services Ombudsman or the Pensions Ombudsman in any enactment (other than this Act) or any instrument made under such an enactment shall, on and after the establishment day, be construed as references to the Ombudsman.
Section 3
Regulations and orders
3. (1) The Minister may—
(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed, and
(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act.
(2) Orders or regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order or regulations.
(3) Subject to sections 6 and 7, every order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Annotations
Editorial Notes:
E2
Power pursuant to section exercised (17.02.2017) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017 (S.I. No. 53 of 2017).
E3
Power pursuant to section exercised (8.08.2016) by Freedom of Information Act 2014 (Section 34(6)(b)) Regulations 2016 (S.I. No. 452 of 2016).
E4
Power pursuant to section exercised (24.06.2016) by Freedom of Information Act 2014 (Amendment of Schedule 3) Regulations 2016 (S.I. No. 330 of 2016).
E5
Power pursuant to section exercised (27.04.2016) by Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 (S.I. No. 218 of 2016).
E6
Power pursuant to section exercised (19.11.2014) by Freedom of Information Act 2014 (Fees) (No. 2) Regulations 2014 (S.I. No. 531 of 2014).
E7
Previous affecting provision: power pursuant to section exercised (10.11.2016) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016 (S.I. No. 558 of 2016); revoked (17.02.2017) by Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017 (S.I. No. 53 of 2017), reg. 3(1), subject to transitional provision in para. (2).
E8
Previous affecting provision: power pursuant to section exercised (16.10.2014) by Freedom of Information Act 2014 (Fees) Regulations 2014 (S.I. No. 484 of 2014), in effect as per reg. 1(2); revoked (19.11.2015) by Freedom of Information Act 2014 (Fees) (No. 2) Regulations 2014 (S.I. No. 531 of 2014), reg. 7.
Section 4
Expenses
4. The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas and the expenses incurred by any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.
Section 5
Repeals
5. The enactments specified in Schedule 4 are repealed to the extent specified in column (3) of that Schedule.
PART 6
The Information Commissioner
Section 43
Continuance of office of Information Commissioner
43. (1) Notwithstanding the repeal of the Act of 1997 by section 5, the office of the Information Commissioner shall continue in being and the holder of the office shall continue in office and be known as the Information Commissioner.
(2) The Commissioner shall be a corporation sole with perpetual succession and an official seal and with power—
(a) to sue and be sued, and
(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.
(3) The Commissioner shall be independent in the performance of his or her functions.
(4) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.
(5) (a) Subject to this section, Schedule 2 shall have effect in relation to the Commissioner.
(b) Section 2(6) of the Ombudsman Act 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.
(c) Paragraph 5 of Schedule 2 shall not have effect in relation to remuneration in a case where the person who holds the office of Ombudsman also holds the office of Commissioner.
Section 44
Review of operation of Act and investigations by Commissioner
44. (1) The Commissioner shall keep the operation of this Act under review and may carry out an investigation at any time into the practices and procedures adopted by FOI bodies generally or any particular FOI body or FOI bodies for the purposes of compliance with—
(a) the provisions of this Act generally, or
(b) any particular provisions of this Act.
(2) The Commissioner may at any time carry out an investigation into the practices and procedures adopted by FOI bodies or any particular FOI body or FOI bodies for the purposes of enabling persons to exercise the rights conferred by this Act and facilitating such exercise.
(3) The Commissioner may at any time prepare a report, in writing or such other form as may be determined—
(a) of his or her findings and conclusions resulting from the performance of any function under subsection (1) or (2), or
(b) on any matter relating to or arising out of the performance of such a function.
(4) The Commissioner shall, if he or she considers it appropriate to do so, cause a copy of a report under this section to be furnished to the Minister and to each FOI body concerned and shall cause a copy of the report to be appended to the report under section 47(2) prepared next after the preparation of the first-mentioned report.
Section 45
Powers of Commissioner
45. (1) The Commissioner may, for the purposes of a review under section 22 or an investigation under section 44—
(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has a record in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purposes aforesaid to furnish to the Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and
(b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the Commissioner, is relevant to the review or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period.
(2) The Commissioner may for the purposes of such a review or investigation as aforesaid enter any premises occupied by an FOI body and there—
(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the Commissioner, is relevant to those purposes, and
(b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises.
(3) Subject to subsection (4), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid.
(4) A person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as a witness in a court.
(5) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes of a review under section 22, or an investigation under section 44, attends before the Commissioner or furnishes information or a record or other thing to him or her—
(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and
(b) allowances by way of compensation for loss of his or her time,
of such amount as may be determined by the Minister.
(6) Subject to this Act, the procedure for conducting a review under section 22 or an investigation under section 44 shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner.
(7) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both.
(8) Where an FOI body fails to comply with a binding decision of the Commissioner under this Act, the Information Commissioner may apply to the court for an order to oblige the FOI body to comply with the decision.
(9) This section does not apply to a record in respect of which a certificate under section 34 is in force.
(10) Subsection (2) shall not apply to—
(a) information, documents or things designated by regulations made under section 126(1)(a) of the Garda Síochána Act 2005, or
(b) Garda Síochána stations designated by regulations made under section 126(1)(b) of the Garda Síochána Act 2005,
except to the extent specified in a direction of the Minister for Justice and Equality.
(11) In deciding where to issue a direction under subsection (10) the Minister shall take into account the public interest.
(12) The Commissioner shall comply with the provisions on professional secrecy in—
(a) the Rome Treaty,
(b) the ESCB Statute, or
(c) any of the Supervisory Directives,
(within the meaning of the Central Bank Act 1942) in holding and dealing with information contained in records provided to him or her by the Bank under this Act.
Section 46
Publication of commentaries by Commissioner on practical application, etc., of Act
46. The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act, including commentaries based on the experience of holders of the office of Commissioner in relation to reviews, and decisions following reviews, of such holders under section 22.
Section 47
Reports of Commissioner
47. (1) The Commissioner shall publish—
(a) any decision in relation to any review under section 22, and
(b) when proceedings have concluded, a summary of any appeal under section 24.
(2) The Commissioner shall annually prepare a report in relation to his or her activities under this Act in the previous year, append to the report a copy of any report furnished to him or her under section 34(11), and cause copies of the report and copies of any reports furnished under section 34(11) to be laid before each House of the Oireachtas.
(3) The Commissioner may, if he or she considers it appropriate to do so in the public interest or in the interests of any person, prepare and publish a report in relation to any investigation, or review carried out or other function performed, by him or her under this Act or any matter relating to or arising in the course of such an investigation, review or performance.
PART 7
Miscellaneous
Section 48
Code of practice and guidelines
48. (1) The Minister may draw up and publish a code of practice (the “code”) and guidelines (including guidelines in relation to matters contained in the code) for the effective and efficient operation of this Act to assist FOI bodies in the performance of their functions under this Act.
(2) The code may include provisions to promote the publication of official and other information held by FOI bodies that might otherwise be the subject of FOI requests.
(3) FOI bodies shall have regard to the code and any guidelines in the performance of their functions under this Act.
(4) Notice of the making of a code under this section shall be published in Iris Oifigiúil as soon as convenient after the making thereof.
Section 49
Immunity from legal proceedings
49. (1) This section applies to—
(a) an act consisting of the publication under section 8 of a document specified in that section,
(b) an act consisting of the furnishing to a person under section 10 of a statement specified in that section, or
(c) an act consisting of the grant or the grant in part under section 13 or by virtue of section 21 or 22 of an FOI request,
being an act that was required or authorised by, and complied with the provisions of, this Act or was reasonably believed by the head concerned to have been so required or authorised and to comply with this Act.
(2) Subject to this section, civil or criminal proceedings shall not lie in any court—
(a) against—
(i) the State,
(ii) an FOI body,
(iii) a head,
(iv) a director or a member of the staff of an FOI body, or
(v) a service provider,
in respect of an act to which this section applies or any consequences of such an act, or
(b) against the author of a record to which an act specified in subsection (1)(c) relates or any other person in respect of any publication involved in, or resulting from, that act by reason of that author or other person having supplied the record to the FOI body.
(3) Subsection (2) does not apply in relation to proceedings for breach of a duty imposed by section 8.
(4) Civil or criminal proceedings shall not lie in any court against the Commissioner or a member of the staff of the Commissioner in respect of anything said or done in good faith by the Commissioner or member in the course of the performance or purported performance of a function of the Commissioner or member.
(5) The grant of an FOI request shall not be taken as constituting an authorisation or approval of the doing by the requester concerned, in relation to any sound recording or film, contained in the record concerned, of any act otherwise prohibited.
(6) Without prejudice to the generality of subsection (5), the grant of an FOI request shall not be taken as constituting an authorisation or approval—
(a) for the purposes of the law relating to defamation or breach of confidence, of the publication of the record concerned or any information contained therein by the requester concerned or any other person, or
(b) for the purposes of the law of copyright, of the doing by the requester concerned of any act restricted by copyright in—
(i) any literary, dramatic, musical or artistic work,
(ii) any sound recording, film or broadcast,
(iii) the typographical arrangement of a published edition, or
(iv) an original database,
contained in the record concerned.
(7) A word or expression that is used in subsection (5) or (6) and is also used in the Copyright and Related Rights Act 2000 has in those subsections the same meaning as in that Act.
Section 50
Amendment of Central Bank Act 1942
50. Section 33AK(5) of the Central Bank Act 1942 is amended by substituting for paragraph (as) the following:
“(as) for the purposes of contractual or institutional protection schemes as referred to in Article 113(7) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 20131, or
(at) to the Information Commissioner that is required for the performance of that Commissioner’s functions under the Freedom of Information Act 2014.”
1OJ No. L 176, 20.06.2013, p.1
Section 51
Amendment of Official Secrets Act 1963
51. (1) A person who is, or reasonably believes that he or she is, authorised by this Act to communicate official information to another person shall be deemed for the purposes of section 4 of the Official Secrets Act 1963 to be duly authorised to communicate that information.
(2) In a prosecution for an offence under section 5 or 9 of that Act, it shall be a defence to prove that the act to which the charge of the offence relates is authorised, or is reasonably believed by the person charged to be authorised, by this Act.
Section 52
Offence and penalty
52. Where an FOI request has been made in respect of a record, a person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine.
Section 53
Proceedings for offences
53. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.
(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if guilty of the first-mentioned offence.
Section 54
Saver
54. (1) Subject to subsection (2), and notwithstanding section 26(2)(d) or any other provision of the Interpretation Act 2005, regulations made under the Act of 1997 shall cease to be in force on the commencement of this Act.
(2) The Regulations specified in Schedule 5 shall continue in force as if made under this Act and may be amended or revoked accordingly.
Section 55
Transitional provisions
55. (1) Any action commenced under the Act of 1997 but not completed before the commencement of section 5 of this Act shall continue to be performed and shall be completed after such commencement as if the Act of 1997 had not been repealed.
(2) Where, immediately before the commencement of section 5, any legal proceedings are pending to which the Commissioner is a party, the proceedings may continue as if the Act of 1997 had not been repealed.