How to Apply for a Review by the Commissioner

Application for Review within 6 months

An application for a review of a public body's FOI decision should generally be made to the Commissioner within six months. The Commissioner may extend this time limit if she considers that there are reasonable grounds for doing so. (If the decision is a decision on a request to which section 29 applies, or if the decision is to extend the time limit taken for considering the request, then the application must be made within two weeks).

Apply in Writing

Appeals to the Information Commissioner are called "applications for review". If you want the Commissioner to review a decision made by a public body on your FOI request, you must apply in writing and pay the appropriate fee. You may apply by post; you may hand-deliver your application to the Office; and you can also apply on-line. If you wish to apply on-line, please read our disclaimer. Where an application for review is received outside of office hours, we will treat it as if it was received on the next business day.

What your application should include:

Your application should include your name, address, telephone number and any other contact details (e.g. email address);
the name of the public body to which the FOI request was made;
the correct fee - see section on fees on this page;
if you believe that no fee or a reduced fee is payable, please provide supporting information;
the reference number of the public body's decision (if you have it);
you should also state clearly the aspects of the public body's decision that you are unhappy with and which you are appealing.

Pay a fee if one is due

The FOI Act states that the Commissioner must charge a fee of €150 (there are some circumstances where a fee is not payable such as where records contain only personal information about the requester), and that she cannot accept an application unless the fee is paid. If a fee is due but not paid, we cannot process your application, it is as if it was not made at all.

If you are a medical card holder, or the dependent of a medical card holder, or if you are a third party appealing the decision of a public body to release your information, then the fee is €50 . The Commissioner does not have any discretion about fees. This requirement to pay a fee came into force on 7 July 2003. If you would like to check with us to see if a fee is due in your case, please email us. If you establish that a fee is due in your case, you may pay your fee on-line. As stated above, the Commissioner cannot accept your application until the fee is paid.

It is important to note that the date of receipt of the email or fax (see further below) is NOT taken as the date of the application. The date of the application is the date when both the application and the correct fee are received. This should be borne in mind where the date of the making of the application is of importance (for example, if it is near the 6 month limit for appealing). Applications for review which are made on-line are valid only if they are made on the form provided on this site. Applications sent to the email addresses of individual staff members are not valid.

Your application will be acknowledged

Your application will be acknowledged by the Office of the Information Commissioner immediately and you will be notified as soon as the Commissioner has decided whether or not to accept your application for review.