Section 16 Manual

2.0 Application fees to the Office of the Information Commissioner

2.1 In certain cases a fee, normally €150, must be paid at the time of the making of an application for review to the Information Commissioner. Where a fee, which is required to be paid, is not paid, the Commissioner is obliged to refuse to accept the application and the application is deemed not to have been made. Further information regarding the fees payable is provided below:

Category A - Applications for review where NO FEE is payable :

The records sought contain only personal information relating to the requester (including applications made by an individual to whom regulations made under Section 28(6) apply, e.g. the parents of a minor or next of kin of the deceased)
The review relates to a decision by a public body following an application for the amendment of personal information in a record (section 17 application) or for a statement of reasons for an act of a public body (section 18 application)
The review relates to a decision by a public body to charge a fee
The application relates to a decision by a public body to grant access to records containing only personal information relating to a third party and the application is made by the third party
The application relates to a decision by a public body to refuse to accept a late application for "internal review"
where a public body has failed to respond to an application for 'internal review' within the necessary time limit. (This is in accordance with advice issued by the Office of the Attorney General to the Department of Finance)

Category B - Applications for review where a REDUCED FEE of €50 is payable:

The applicant is a medical card holder or dependant of a medical card holder and the request is not made on behalf of another person who is seeking to avoid payment of the full fee
The application relates to a decision by a public body to grant access to records relating to a third party (other than records containing only the personal information relating to the third party) and the application is made by the third party

Category C - Application for review where the FULL FEE of €150 is payable:

All other applications

2.2 Payment of the appropriate amount should be made to the Office at the time of the making of the application for review.

2.3 Where the public body handling the original FOI request has accepted that no fee is payable or that the requester / applicant holds a medical card (or is the dependant of a medical card holder), evidence of this should be provided to the Office. Otherwise, where applicants for review are of the view that a fee is not payable or a reduced fee is payable, the relevant supporting information, should be provided to the Office with the appropriate fee (if any) at the time of the making of the application for review. This will enable this Office to make a determination about the fee payable. For example, if it is considered that the application falls within Category A, a copy of the request / relevant decision should be furnished; if it is considered that the application falls within Category B, a copy of the medical card should be furnished.

An application is deemed not to have been made to this Office if the correct fee has not been paid.

The person making the application will be informed and no further action will be taken by the Office pending determination of the fee payable.

2.5 Payment of fees

Fees can be paid using any of the following methods:

Cheque / Bank Draft / Postal Order: crossed and made payable to the Office of the Information Commissioner.

Cash: Fees in cash may be paid in person at the Office of the Information Commissioner, 18 Lr. Leeson Street, Dublin 2, between the hours of 9.15 a.m. and 5.30 p.m. Monday to Thursday and 9.15 a.m. to 5.15 p.m. Friday.

NOTE : Cash should not be sent by post.

2.6 Regulations made under the FOI Acts provide that an application fee will be refunded, if at any time prior to the conclusion of the review the applicant withdraws the application.

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