Freedom of Information Act 2014
From the 14th April 2015, the Office of the Data Protection Commissioner (DPC) is partially subject to the Freedom of Information Act 2014.
The DPC is subject to the Act in relation to administrative matters records only and specifically those created after 21 April, 2008. DPC investigation and case files are not releasable under the Act.
See Schedule 1, Part 1 “Partially included agencies” of the Freedom of Information Act 2014 at this link
Publication Scheme
Section 8 of the Freedom of Information Act 2014 requires FOI bodies to prepare and publish a scheme concerning the publication of information by the body in conformity with a model publication scheme made by the Minister for Public Expenditure and Reform.
Details of our Publication Scheme can be found here
How to Make a Request:
A request for information under the Freedom of Information Act must be made in writing.
It should indicate that the information is being sought under the Freedom of Information Act.
The request should also be sufficiently clear for the DPC to identify the records sought. If the DPC is not clear as to the records being sought we will contact you to seek clarification. If you have difficulty in identifying the precise records which you require, the staff of the FOI Unit can assist in preparing your request. Tel: 057 8684800.
If information is desired in a particular format (e.g. paper copy or electronic where possible) this should be stated in the request. It is advisable to supply a telephone number in order to facilitate the DPC contacting you in the event clarifications are needed.
Requests should be sent to:
Office of the Data Protection Commissioner,
Freedom of Information Unit,
Canal House,
Station Road,
Portarlington
Laois
Requests may also be made by e-mail to: foi@dataprotection.ie
PLEASE NOTE THAT IT IS POLICY OF THE DATA PROTECTION COMMISSIONER TO PUBLISH FOI REQUESTS ON OUR WEBSITE
Time Limits:
There is a twenty working day limit for reply to your original request. If you have not received a reply within this time you can contact us in the FOI Unit and we may be able to assist you. Alternatively you can appeal directly to the Office of the Information Commissioner if you have not received a reply within 4 weeks (20 working days).
Decisions:
Subject to the provisions of the Act, DPC may decide to:
- Grant the request
- Grant part of the request
- Refuse the request.
If the request is to be granted, whether wholly or partly, DPC will determine the form and manner in which the right of access will be exercised, having regard to the requester's preference.
DPC will notify the requester of the decision. If the request is refused, whether wholly or in part, DPC is obliged to give reasons for the refusal.
Review Procedures:
Where a decision is made to refuse access to information, a person who is dissatisfied with the initial decision, or who has not received a reply within 20 working days (4 weeks) of the receipt of the request by DPC, may seek an internal review. This review will be carried out by an official at a higher grade than the original decision maker. There is a 3 week (15 working days) limit on this review. If you are still unhappy, there is right of appeal for an external review to the Office of the Information Commissioner. This right may only be exercised when the decision is first appealed internally.
Requests for internal review should be submitted in writing to:
Office of the Data Protection Commissioner,
Freedom of Information Unit,
Canal House,
Station Road,
Portarlington
Laois
Or to: foi@dataprotection.ie
Fees:
There is no fee for making a request under the FOI Act. However, fees are applicable for internal reviews in cases where non-personal information is sought.
Fees may be charged for the cost of photocopying and there are also charges for the search and retrieval of other information. These will be advised if applicable.
Review Process Fees
Internal review for non personal requests: fee €30 (€10 for medical card holders)
Appeal to the Information Commissioner for non personal requests: €50 (€15 for medical card holders).
Note: For reduced fee proof of medical card may be necessary
Further information can be found at http://www.oic.gov.ie/