Section 16 Manual

Appendix 6: Glossary of terms

Applicant - a person who has applied to the Information Commissioner for a review of a decision of a public body. The term covers both a person who has made a request to a public body under the FOI Acts and a person who has objected to the granting of a request by some other party for access to information either about the applicant or which the applicant gave to the public body.

Internal review - the review of an initial decision on a request conducted by a member of staff of the public body of higher rank than the person who made the initial decision. This contrasts with reviews by the Information Commissioner which are external to the public body.

Person to whom section 29(2) applies- in the case of a request for records which contain information obtained in confidence, the person who gave the information to the public body, and, if the head considers it appropriate, the person to whom the information relates. In the case of a request for records which contain personal information or commercially sensitive information, the person to whom the information relates.

Request to which section 29 relates- a request for access to records which contain information obtained in confidence, commercially sensitive information or personal information where the public body has formed the view (subject only to receiving the views of the party who gave the information to the public body and/or a party to whom the information relates) that the public interest would, on balance, be better served by granting than by refusing to grant the request.

Requester - a person who makes a request to a public body under the FOI Acts. A requester to a public body may become an applicant to the Office of the Information Commissioner.

Section 17 application - Section 17 of the FOI Acts provides a right of amendment of personal information relating to an individual contained in a record held by a public body where the information is incomplete, incorrect or misleading.

Section 18 application - Section 18 of the FOI Acts entitles a person who is affected by an act of a public body and who has a material interest in a matter either affected by that act or to which that act relates to request a statement of the reasons for the act and any findings on any material issues of fact made for the purpose of the act.

Section 29- Section 29 provides for a formal notification procedure whenever a public body is considering the release of information obtained in confidence, commercially sensitive information or personal information in the public interest. It requires the public body to notify the person who gave the information to the public body, and, if the public body considers it appropriate, the person to whom the information relates, of the request and that the request falls to be granted in the public interest. Any person so notified may then make submissions to the public body which must be considered before deciding whether to grant or refuse access.

Support unit - the unit which provides administrative support to the Investigators and Senior Investigators in the Office of the Information Commissioner. This Unit is headed by a Higher Executive Officer.

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