Freedom of Information Act 2014

Response Timeline

4 weeks (calendar) from receipt. Acknowledgment due within 2 weeks. Extension of up to 4 additional weeks allowed for voluminous requests. Deemed refused if no response within deadline.

Any person may submit an FOI request regardless of nationality or residence. The Act grants the right to 'every person' (Section 11).

How to Submit a Request

Accepted Methods

• Email
• Mail
• Online form

Requests must be in writing and directed to the specific FOI body that holds the records. Must state it is made under the FOI Act 2014.

Required Elements

• Foi statement — Must state the request is made under the Freedom of Information Act 2014
• Description — Sufficient particulars about the records sought to enable the body to identify them
• Preferred format — Specify preferred form of access (copies, inspection, electronic)

Optional Elements

• Date range — Date range to narrow the search
• Department — Specific department or unit likely to hold the records
• Contact details — Phone number or alternative contact for follow-up clarification

Fees

Personal records are entirely free -- no application fee, no search/retrieval/copying charges. Review fees are reduced for medical card holders.

Fee Waivers

• No fees of any kind for requests concerning the requester's own personal information
• Reduced review fees for medical card holders and their dependants
• No fee for appeals to Information Commissioner arising from a body's failure to respond (deemed refusal)

The 2014 Act abolished the previous EUR 15 application fee. The fee structure is designed so that most requests cost nothing -- the EUR 101 minimum threshold means the first 5 hours of search time are effectively free.

Exemptions

• Meetings of Government
  Records of Cabinet discussions; 5-year embargo (reduced from 10 years under 1997 Act)
• Deliberative Processes
  Records relating to deliberative processes where disclosure could prejudice decision-making
• Functions and Negotiations
  Where disclosure could prejudice the body's ability to perform its functions or conduct negotiations
• Parliamentary, Court, and Certain Other Matters
  Contempt of court, parliamentary privilege. Tribunal of inquiry records absolutely exempt.
• Law Enforcement and Public Safety
  Where disclosure could prejudice law enforcement, prevention/detection of offences, or public safety
• Security, Defence, and International Relations
  Discretionary for general security/defence matters. Mandatory for intelligence records prepared for security/defence purposes. Ministerial certificates available.
• Confidential Information
  Information obtained in confidence where disclosure would breach a duty of confidence
• Commercially Sensitive Information
  Trade secrets: mandatory refusal. Other commercial sensitivity: discretionary with public interest test. Third-party consultation required (Section 38).
• Personal Information
  Disclosure of another person's personal information must be refused. Overrides available where public interest substantially outweighs privacy, or with consent.
• Research and Natural Resources
  Where disclosure could prejudice the well-being of cultural heritage or species/habitats
• Financial and Economic Interests of State
  Where disclosure could have serious adverse effects on the financial interests of the State
• Enactments Relating to Non-Disclosure
  Where another enactment prohibits disclosure
• Records Already Publicly Available
  Body may refuse if records are already available to the public

Exemptions are either mandatory ('shall refuse') or discretionary ('may refuse'). Discretionary exemptions generally require a public interest test. Additional absolute exemptions apply to records of the President, Attorney General (except general administration), and Director of Public Prosecutions.

Appeal Process

The Information Commissioner's decision is binding and can only be challenged in the High Court on a point of law. Internal review is a prerequisite for appealing to the Commissioner.

Request Templates

Records Retention

National Archives Act 1986 (No. 11 of 1986)

View retention law →

Retention schedule catalog →

Government departments must transfer records over 30 years old to the National Archives. Section 8(2) allows retention of records in regular use; certificates of retention must be reviewed every 5 years.

Sources & References

• Full text of law →
• Primary source →
• Revised/Consolidated Act Text →
• FOI Central Policy Unit →
• FOI Fee Information →
• Courts Service FOI Fees Guide →