The Freedom of Information (Amendment) Act 2003

What is Freedom of Information?

The Freedom of Information Act came into effect on 21 April, 1998 for Government Departments and certain Public bodies and on the 21st of October, 1998 for local Authorities and Health Boards. 

What can you ask for?

You can ask for the following records held by Local Authorities, Health Boards, Government Departments and certain public bodies:

- Any records relating to you personally, whenever created
- all other records crested after 21st of October, 1998 (in the case of Government
  Department and certain Public Bodies, this date is the 21st of April, 1998).
- reasons for decisions made by the Council that affect you.

What is a record?

A "record" can be a paper document, information held on computer, printouts, maps, plans, microfiche, audio-visual etc.

How should you make your request?

You should make your request in writing (download application form here) to Mary Maguire, Freedom of Information Officer, Corporate Services, County Hall, Tallaght, Dublin 24

You should state that you are requesting the information under the Freedom of Information Act 1997 & Freedom of Information (Amendment) Act 2003 and be clear enough so that the Council fully understand what records are being sought.

A valid request must satisfy these requirements. In cases where the Council receives requests for records that do not satisfy the above criteria, it is obliged to consult the requester to amend the request

Do you have to pay?

Yes. Click here for a table of charges. Link to fees to be added in

Fees may also be charged for the cost of photocopying and retrieving records in the case of personal information. However, it is unlikely search and retrieval charges will be applied by the Council for the vast majority of cases that relate to requests for access to personal records.

Charges may apply in respect of the search and retrieval (€20.95 per hour) of other information in addition to photocopying charges (4 cent per sheet).

When will the Council make a decision?

The Act requires that South Dublin County Council must

• Acknowledge receipt of the request within two weeks
• Make a decision on the request within four weeks*

*There are certain circumstances under the FOI Act where the period for a final decision may be longer than the normal four weeks. If this occurs in your request we will promptly advise you in writing.

Can you appeal against the decision?

Yes . If you are not satisfied with the decision on an FOI request you may ask the Council for an "internal review" of the decision. A more senior officer will review your application. You will be told the result of this review within 3 weeks.

If you are not satisfied with the decision on "internal review", you may ask the Information Commissioner to review the matter.The Information Commissioner is Ms. Emily O'Reilly and she may be contacted at the following address:
Office of the Information Commissioner, 18,Lower Leeson Street,Dublin,2.
Tel No: 6785222, Fax No: 6610570
What information is exempt?

Certain types of information are exempt under the Act, examples would include, information obtained in confidence, commercially sensitive information, personal details (other than to the person to whom they relate). Deliberations of public bodies, law enforcement, public safety, functions and negotiations of public bodies.

Do you need to make a Freedom of Information request for all types of information?

No , South Dublin County Council is committed to making information available to the public through publications, annual report, minutes of Council meetings etc. Information is also made available through Planning & Environment Legislation. If the information you request is already available generally or available at a fee then your request may be refused under the Freedom of Information Act. The Freedom of Information Act provides an additional source of information by facilitating access to records not already routinely available.

Further Information

The Freedom of Information Act & Freedom of Information(Amendment) Act 2003 is available from Government Publications, Sales Office, Molesworth Street, Dublin 2.

South Dublin County Council has published two manuals, Section 15 (guide to structure, functions, services and records of the Council) and Section 16 (guide to rules, guidelines & practices governing the activities of the Council).

You may also contact the Council's Freedom of Information Officer, Mary Maguire on telephone number 414 9034 for any further information you may require in relation to your rights of access to information under the Act.

Ms. Mary Maguire
Freedom of Information Officer
Corporate Services
South Dublin County Council
County Hall
Tallaght
Dublin 24

SUMMARY OF FEES

Type of Request/Application                                                      Standard        Reduced
                                                                                                          Fee*               Fee* **

Request for a record                                                                        €15                €10

Initial Request                                                                                    €75                €25

Internal Review                                                                                 €150              €50

Request for a record or containing personal information                 No charge     No charge

Application under section 17 for amendment of a
record containing incorrect, incomplete or misleading
personal information                                                                         No charge     No charge

Application under section 18 for the reasons for a decision
affecting the individual                                                                     No charge     No charge

* Fee will not apply where a person appeals a decision to charge a fee or deposit, or a fee or deposit of a particular amount under section 47 of the FOI Act

** Reduced fee will apply in respect of third parties who appeal a decision of a public body to release their information on public interest grounds

Freedom of Information (Fees) Regulations 2003

Are the new fees additional to fees for search and retrieval and photocopying of records?

Yes. These fees are prescribed under section 47(6A) of the FOI Act and are additional to fees and deposits that can apply under section 47 in respect of search and retrieval and photocopying of records released to a requester.

What happens in the event of a dispute with a requester as to whether or not a request is for personal information?

If the dispute cannot be resolved, you will be informed of the decision that a fee is payable and advised of your right to apply for a review of that decision under section 14. There is no charge for internal review applications in relation to decisions on charging of amounts of fees or deposits.

If the decision to charge a fee is overturned at internal review or subsequently by the Information Commissioner, the decision to refuse the request will be deemed to have been unjustified and the request will be reactivated with immediate effect.

How do public bodies establish if a requester is covered by a medical card?

While public bodies are encouraged to inform users of the Act of their entitlements, there is an onus on the requester both to claim medical card coverage when making a request and to provide appropriate evidence in support of such coverage. Evidence could include details of the medical card registration number, issuing health board and the consent of the person making the request to the verification of the details with the health board.

What is the position in relation to requests for a mixture of personal and non-personal information?

The exemption for records containing personal information (and for any subsequent review under section 14 or 34) applies to a request for a record or records containing only personal information related to the requester. If a requester decides to proceed with a ‘mixed' request, it is liable for the same fee as applies to requests for non-personal information.