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Records held by a Public Body
How to Make a Request
You must make your request to the relevant public body. For example, if you want to access records/documents about your tax affairs you must make your request to the Revenue Commissioners. If you want records/documents about a policy matter at the Department of Education and Science, you must apply to that Department. A list of public bodies covered by the FOI Act is available here.
Please note that it is not possible to apply for records held by any public body, other than the Office of the Information Commissioner, through this website.
FOI Requests should be made in writing, stating that the request is being made under the Act and addressed to the FOI Liaison Officer of the public body. Contact details are available on the list of public bodies covered by the Act on this website, including the names of each body's FOI Liaison Officer who will be your main contact regarding your request.
If you are looking for records you should provide as much information as possible to allow the public body to find it. If you want it in a particular format (e.g. a photocopy, transcript, computer disk; or if you want to examine it) you should state this clearly in your request.
If you are looking to amend a record, your request should identify the record concerned, the amendment sought and provide evidence the amendment is necessary. You should also mention that you are making the request under section 17 of the FOI Act.
If you request a statement of reasons, you should mention that you are making the request under section 18 of the FOI Act.
What Can You Look For Under the FOI Act?
The Freedom of Information Acts give every person the following legal rights:
1. The right of access records (either in paper or electronic format) held by public bodies covered by the FOI Act;
2. The right to have personal information held on them amended if they can show that it is incomplete, incorrect or misleading; (Section 17) and
3. The right to be given reasons for certain acts of public bodies that affect them (section18).
How You Can Be Helped in Making Your Request
The FOI Act says that the public body should help a person who is looking for a record under the FOI Act. It specifically states that assistance should be provided where the requester has a disability.
Do You Have to Pay?
In certain circumstances fees are charged for a request or an appeal under the FOI Act. Generally the fee for a request is €15, an internal review appeal is €75 and the fee for an appeal to this Office is €150. More specific information can be found under Fees.
How Long Will it Take?
Once the public body receives a request it has up to four weeks to make a decision. The decision will be issued to you in writing and will specify whether or not your request is being granted, part-granted or refused and will give you the reasons behind the decision.
What If You Are Unhappy With the Decision?
If you are unhappy with the decision or if after the four weeks you have not received a decision (this is called a refusal of your FOI request by non-reply) your next step is to apply for an 'internal review'.
An 'internal review' is an appeals mechanism within the public body which will be carried out by a more senior officer than the individual who made the decision on your original request. To request an internal review you must write to the public body referring to the decision received (if one was made) and state that you are making an internal review appeal. You cannot raise any further issues in your internal review appeal, the sole purpose of the review is for another officer to reconsider the decision on your original request only. The public body has three weeks to make a decision on your request for an internal review.
Appeal to the Information Commissioner
If you are unhappy with the internal review decision, or, if after three weeks you have not received a decision (this is deemed a refusal by non-reply), your next step is to apply to the Office of the Information Commissioner for a review of the decision by the public body. If a fee is payable in respect of an appeal to this Office you may pay on-line or by cheque.
