Freedom of Information (FOI)
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From: Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
- Published on: 27 November 2020
- Last updated on: 12 August 2022
- What FOI is
- How to make an FOI request
- Fees
- What you can do if you're unhappy with the department's decision
- Publication Scheme
- Publication of FOI requests
- Where you can get more information
What FOI is
The Freedom of Information Act 2014 came into effect on 14 October 2014.
The Freedom of Information Acts assert the right of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.
The Act established three new statutory rights:
- a legal right for each person to access information held by public bodies
- a legal right for each person to have official information relating to himself or herself amended when it is incomplete, incorrect or misleading
- a legal right to obtain reasons for decisions affecting oneself
Under the Freedom of Information Acts, everyone is entitled to apply for access to information not otherwise publicly available. You have a right to request:
- access to records held by this department
- correction of personal information held by the department concerning yourself wherever it is inaccurate, incomplete or misleading
- access to reasons for decisions made by the department directly affecting you
The following categories of records come within the scope of the Acts:
- all records relating to personal information held by the department irrespective of when created
- all other records created after 21 April 1998, which is the commencement date of the Freedom of Information Act
- all other records necessary for the understanding of a current record
How to make an FOI request
If you want to access information within the department using the Freedom of Information Acts you will need to:
- make your request in writing or via email
- indicate that the information is being sought under the Freedom of Information Acts
- be as clear and specific as possible in making your request and provide as much information as possible to enable the department to identify the records that you require
- include a daytime telephone number or email address and your postal address to help us to contact you if any queries arise in relation to your request
If you would like to receive access to the information/records requested in a particular format, (for example: photocopies, electronically), please mention this when submitting your request.
Requests should be posted or emailed to the FOI Unit of this department (contact details at bottom of page).
Please note that the €15 initial application fee was abolished on 14 October 2014, when the new Freedom of Information Act 2014 was enacted.
If you are having difficulty in identifying the precise records that you require, the staff of the department will be happy to help you.
The department will acknowledge receipt of your request in writing within 10 working days. The acknowledgement letter will also provide you with the name and contact details of the person who will be making the decision in relation to your request and will advise you when you can expect to receive this decision.
Fees
Fees may be charged for search, retrieval and copying of the records requested. This process involves two stages:
- locating the broad set of records in which those requested might be found
- identifying, extracting and assembling the particular records sought for examination
Fees for the estimated cost of searching for and retrieving records and copying the records can only be charged with respect to records being released. €20 is charged for each hour spent searching for and retrieving records and €0.04 is charged per sheet for a photocopy of the records released.
Bands for estimating search & retrieval (€20 per hour) and photocopying fees (€0.04 per sheet)
Hours | Estimate | Action |
Less than 5 | €100 or less | No fees can be charged for search and retrieval or copying |
Between 5 and 25 | €101 - €500 | Search and retrieval and copying fees apply |
Between 25 and 35 | €501 - €700 | No more than €500 can be charged for search and retrieval or copying |
More than 35 | More than €700 | The decision maker will contact the requester to ask him/her to refine/amend the request to ensure that the search and retrieval and copying charges are below €700. If the requester refuses to refine/amend the request then the request can be refused under Section 27 (12)(iii) |
In cases where search and retrieval fees apply, we are obliged to charge a deposit of at least 20% of the estimate to the requester.
What you can do if you're unhappy with the department's decision
The Freedom of Information Acts set out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where this department invokes these provisions to withhold records, the requester will be advised. Virtually all decisions to refuse release of records may be appealed. Other decisions in relation to deferral of access to records, fees charged, forms of access and so on, may also be appealed.
Internal review
You may seek an internal review of the department’s initial decision in relation to your request if:
- you are dissatisfied with the initial response received
- you have not received a reply within 4 weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to request an internal review
The internal review will be carried out by an official at a higher grade than the original decision maker and who was not involved in the original decision making process. The department must complete its internal review of the original decision within 15 working days of receipt of the request for an internal review.
To submit your internal review request, you need to write to the FOI Unit by email to foi@tcagsm.gov.ie or by post to:
Freedom of Information, Access to Information on the Environment/Data Protection
- Address:
- Corporate Governance Unit, 23 Kildare Street, Dublin 2, D02 TD30
- Email:
- Telephone:
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01 631 3913;
01 631 3919
You must make your appeal within 20 working days of the date that the decision letter was issued to you (the making of a late appeal may be permitted in appropriate circumstances). An application fee of €30 (€10 if you are covered by a medical card) is required before the processing of an internal review can begin. This fee can be paid by electronic funds transfer (EFT) and our bank account details will be listed in all decision letters.
An internal review may affirm, vary or annul the original decision in relation to a request. The internal review process must be completed before an appeal can be submitted to the Information Commissioner.
Review by the Information Commissioner
If you are still dissatisfied following completion of the internal review, you may also seek an independent review of the department’s decision from the Information Commissioner. Furthermore, if you have not received a reply from the department to your application for internal review within 3 weeks, this is deemed to be a refusal and you may appeal the matter to the Commissioner.Appeals should be made directly to the Information Commissioner (details provided below). The fee for appeals to the Information Commissioner is €50 (€15 for medical card holders and their dependants).
Office of the Information Commissioner
Publication Scheme
This Publication Scheme has been prepared by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in accordance with Section 8 of the Freedom of Information Act (FOI) 2014. The Scheme provides information about the Department’s functions and the records it holds.
The Publication Scheme is based on the principle that all public bodies should publish as much information as possible in an open and accessible manner on a routine basis outside of FOI, having regard to the principles of openness, transparency and accountability as set out in the Freedom of Information Act. The Scheme allows for the publication or giving of records outside of FOI provided that such publication or giving of access is not prohibited by law.
Publication of FOI requests
Logs of all requests submitted to this department under the Freedom of Information (FOI) Acts since 1 June 2011 are available on the below link.
These logs provide the following information in relation to each request received:
- the reference Number assigned to the request by the department
- the date on which the request was received in the Freedom of Information Unit of the department
- the category of the person making the request, for example: whether they are a journalist, interest group or company or an individual. This includes non-personal FOI requests only
- a summary of the information or records requested
- the date on which the department’s decision was issued to the applicant
- a summary of that decision, for example: whether the request was granted in full, part granted, refused or withdrawn and dealt with outside of the Freedom of Information Acts
All records released in relation to requests as set out in the FOI logs are deemed by the Department to be in the public domain and are available to anyone on request. For access to these records, please contact the Department’s FOI Unit at foi@tcagsm.gov.ie with the Request Number and details of the specific records being sought. Records will be provided outside of the FOI process for such requests.
The table will be updated regularly. If you have any queries in relation to any of these requests or the operation of the Freedom of Information Acts in this department generally, please feel free to contact the FOI Unit (details below) and we will be happy to help you.
Freedom of Information, Access to Information on the Environment/Data Protection
- Address:
- Corporate Governance Unit, 23 Kildare Street, Dublin 2, D02 TD30
- Email:
- Telephone:
-
01 631 3913;
01 631 3919
Where you can get more information
If you would like to submit a request under the FOI Acts to this department or if you have any general queries in relation to the operation of the Freedom of Information Acts in this department generally, please feel free to contact the FOI Unit (details below) and we will be happy to help you.
Freedom of Information, Access to Information on the Environment/Data Protection
- Address:
- Corporate Governance Unit, 23 Kildare Street, Dublin 2, D02 TD30
- Email:
- Telephone:
-
01 631 3913;
01 631 3919
Further information in relation to the Freedom of Information Acts can also be found on the website, www.foi.gov.ie, which is maintained by the Freedom of Information Central Policy Unit in the Department of Public Expenditure and Reform.