Investigation into the Operation of Section 10(1)(a) of the FOI Acts

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An Investigation into the Operation of Section 10(1)(a) of the Freedom of Information (FOI) Acts, 1997 & 2003.

An Investigation by the Information Commissioner into the manner in which public bodies have used Section 10(1)(a) of the Freedom of Information Acts, 1997 & 2003, to refuse FOI requests that involve searches for records. A report in accordance with section 36 of the FOI Act, 1997

Foreword

1. Background and Summary of Recommendations

1.1. - Background

1.2. - Summary of Recommendations

2. Methodology

Methodology

3. Examination of the Selected Public Bodies & General Findings

Examination of the Selected Public Bodies & General Findings

3.1. Examination of the Selected Public Bodies

3.1.1. Cappagh National Orthopaedic Hospital

3.1.2. St Michael's Hospital, Dun Laoghaire

3.1.3. The Rotunda Hospital

3.1.4. Department of Education and Science (Special Education Section)

3.1.5. Waterford Institute of Technology

3.1.6. St. Mary's Hospital & Residential School, Baldoyle

3.1.7. Commission for Communications Regulation (ComReg)

3.1.8. Dublin City University (DCU)

3.1.9. IDA Ireland (IDA)

3.1.10. Roscommon County Council

3.1.11. Health Service Executive - South Western Area

3.1.12. Clare County Council and Ennis Town Council

3.2. General Findings

4. Recommendations: The Information Commissioner's Guide to Standards of Best Practice for Public Bodies when dealing with FOI requests that involve searches for records.

Recommendations: The Information Commissioner's Guide to Standards of Best Practice for Public Bodies when dealing with FOI requests that involve searches for records.

Appendix I - Initial Letters to Heads and Liaison Officers of Public Bodies

Appendix I - Initial Letters to Heads and Liaison Officers of Public Bodies

Appendix II - Table Summarising the Usage of Section 10(1)(a) by the Surveyed Bodies

(i) Civil Service

(i) Civil Service (2)

(ii) Local Authorities

(iii) Health Service Executive

(iv) Voluntary Hospitals, Mental Health Services and Other Related Agencies

(iv) Voluntary Hospitals etc. (2)

(v) Third Level Education Bodies

(vi) Other Bodies

(vi) Other Bodies (2)

Appendix III - Letters to Heads and FOI Officers of Selected Bodies

Appendix III - Letters to Heads and FOI Officers of Selected Bodies

Appendix IV - Percentage of Section 10(1)(a) Refusals Examined for selected bodies.

Percentage of Section 10(1)(a) Refusals Examined for selected bodies.

Table of contents