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Information on making an appeals to the Commissioner

The Information Commissioner is the Appeal Commissioner

The Regulations provide for a right of appeal to an "Appeal Commissioner" against certain decisions of public sector bodies on requests for re-use. Regulation 2(1) provides that the person who holds the Office of the Information Commissioner under the Freedom of Information Act 2014 is the Appeal Commissioner for the purposes of the Regulations.

Regulation 10 sets out four possible types of appeal.

  • to refuse to allow a requester to re-use a document,
  • to refuse to grant an exclusive right to a requester to re-use a document,
  • to allow the re-use of a document but subject to a proposed fee being paid which the requester believes does not accord with the requirements of these Regulations in setting the amount of the proposed fee, or
  • to allow the re-use of a document subject to imposing conditions,

In most cases, an appeal must be made not later than 4 weeks after the notification of the decision by the public sector body to the requester concerned.

Regulation 12 provides that, on receipt of a valid request for an appeal, the Appeal Commissioner must carry out a review. Following this review, the Appeal Commissioner may decide to affirm, vary or annul the decision under review.

Requests for appeals can be sent to the Office of the Information Commissioner, 18 Lower Leeson Street, Dublin 2, D02 HE97, or can be sent by email to info@oic.ie.

The Department of Public Expenditure and Reform publishes circulars and legislation relating to Re-Use of Public Sector Information at Data.Gov.ie.

Decisions of the Appeal Commissioner are published here.