Freedom of Information Act, 1997 & 2003
Introduction
The Freedom of Information Act, 1997 (FOI) provides that every person has the following new legal rights:
- the right to access official records held by public bodies listed in the Act;
- the right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading;
- the right to be given reasons for decisions taken by public bodies that affect them.
The Act gives the public the right to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.
An Bord Altranais wishes to protect the information provided to it by individuals on a confidential basis, subject to the Board’s obligations under law, including FOI. If for any reason it is wished that information provided to the Board should not be disclosed because of its sensitive nature, it is important for the person supplying the information to make it clear the reasons why the information is sensitive. The Board will consult with any individual or body supplying sensitive information before making a decision on any FOI request received.
How Does the Act Work
The Act requires An Bord Altranais to respond to requests from the public for information it holds. The Board must respond within four weeks (or such longer period as provided for in exceptional cases under the Act) of receiving a request for access. The Freedom of Information Officer will also assist members of the public in seeking access to records under the Act.
The Board has produced a reference manual setting out the structures of the organisation, the services it provides and the arrangements in place for providing access to information. The publication is known as Section 15 and can be viewed on this page (please see the attached document).
The Board has also produced a publication focused on the administration of the Boards services and outlines the guidelines the Board uses in reaching decisions that effect the public. This publication is known as Section 16 and can be found on this page (please see the attached document).
Making an Application Under the Freedom of Information Act, 1997
Your request for access to records under the Act shall:
- Be in writing, addressed to the Freedom of Information Officer, An Bord Altranais, 18/20 Carysfort Avenue, Blackrock, Co. Dublin. State that the request is made under Section 7 of the Freedom of Information Act, 1997.
- Give sufficient particulars to enable the record to be identified.
- Written consent from a third party is required if records concerning a third party are being sought.
You do not have to give reasons for requesting access to records and no person has the right to demand such reasons from you.
Fees
The Freedom of Information Act provides for fees.
In respect of personal records, no fees will be charged for copying the records requested unless a large number of records are involved.
In respect of non-personal information the following charges will apply:
- Application fee of €15 with a discount of €5 for medical card holders.
- Appeal to the Internal Reviewer will carry a fee of €75 with a discount of €50 for medical card holders.
- Appeal to the Information Commissioner will carry a fee of €150 with a discount of €100 for medical card holders.
- A deposit of 20% may be payable where the total fee is likely to exceed €50.78.
- Fees will also be charged for the search and retrieval and materials involved in the application.
- A full list of charges may be found under Section 15 of the Act (attached below).
Right of Review and Appeal
Appeal to the Internal Reviewer
If you feel aggrieved regarding a decision of the Board to limit or refuse access under the Freedom of Information Act, then you have the right of appeal to the Internal Reviewer.
Appeal to the Information Commissioner
If you are dissatisfied with the decision taken by the Internal Reviewer, you have the right to appeal to the Information Commissioner.
Appeal to the High Court
If you are unhappy with the decision of the Information Commissioner following such an appeal you may appeal to the High Court on a point of law from the decision.
Access to Information Outside the Freedom of Information Act, 1987
Information can be obtained outside the FOI Act through the following:
- Discussions with the relevant member of the Board’s staff
- Information from annual reports and other publications by the Board
- Formal access i.e. by writing to the appropriate officer of the Board stating the nature of the information requested
As a matter of routine and under formal access all appropriate information will be made available to the requester having regard to privacy, confidentiality and the public interest.
Applications Under FOI Should be Made to the Following:
Ms. Sinead Leacy
Freedom of Information Officer
C.E.O. Department,
An Bord Altranais,
18/20 Carysfort Avenue, Blackrock,Co. Dublin.
Appeal to the Internal Reviewer
Internal Reviewer,
C.E.O. Department,
An Bord Altranais,
18/20 Carysfort Avenue, Blackrock, Co. Dublin.
Appeal to the Information Commissioner Information Commissioner,
18 Lower Leeson Street, Dublin 2.