Right of Access (subject to exemptions)
Apply for Information under Freedom of Information Act
Right to Appeal the initial decision
Review by the Information Commissioner
Freedom of Information Publication Scheme
The Freedom of Information Act (Amendment), 2014 establishes the following statutory rights:
The Act gives right of access (subject to exemptions) to:
How do I apply for information under Freedom of Information Act?
It is preferable that you make a request using the standard FOI Request Form . Your request should be in writing and should indicate that the information is sought under the Freedom of Information Act. Applications can be submitted by fax or email to the number/email address listed below).
You are entitled to apply for access to information not otherwise publicly available.
When you are seeking information which is personal, you will be required to supply the appropriate identification as required by the decision maker.
If you wish to receive the information in any particular format you should indicate this in your request. Please give as much detail as possible to enable us to identify the records to which you require access.
If you have difficulty in identifying the precise records which you require, we will be happy to assist you in preparing your request.
Applications for information under this Act should be addressed to:
Eileen Harkin
Freedom Of Information Liaison Officer
Council Secretariat
Donegal County Council
[email protected]
We must issue an acknowledgement of your request within two weeks of our receiving it.
We must make a decision on your request within four weeks of our receiving it unless the request relates to such number of records that compliance within the specified time is not reasonably possible, in which case a time extension not exceeding a further four weeks may be allowed. You must be notified of the period of the time extension required and the reasons therefore.
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Do I have a right to appeal the initial decision in respect of my request?
The Freedom of Information Act sets out appeal mechanisms in the event of a refusal of a request, or in relation to deferral of access, charges, form of access etc. Details of these appeal mechanisms are as follows:
Internal Review:
You may seek internal review of the initial decision, which will be carried out by an official at a higher level if:
Requests for Internal Review should be submitted within four weeks of the initial decision by writing to:
Eileen Harkin
Freedom of Information Liasion Officer,
Donegal County Council
The County House
Lifford
Co. Donegal
Phone: 074 9153900 Fax: 074 9142071
Email: [email protected]
Donegal County Council must complete the review within three weeks.
Internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review by the Information Commissioner:
You may seek independent review by the Information Commissioner if:
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner,
6 Earlsfort Terrace, Dublin 2, D02 W773
Phone: 01 6785222
Fax: 01 6610570
Email: [email protected]
Is there a fee involved in making a request?
No. Fees for Freedom of Information requests were abolished under the Freedom of Information (Amendment) Act 2014. This came into force in October 2014. There is still a fee for an Internal Review or an Appeal to the Information Commissioner. A reduced fee will apply if the person making the request is a medical card holder or a dependant of a medical card holder.
Type of Request/Application |
Standard Fee* |
Reduced Fee* & ** |
Request for a record under section 7 |
|
|
Initial Request |
€0 |
€0 |
Request under section 7 for personal information |
No charge |
No charge |
Application under section 17 for amendment of a record containing incorrect, incomplete or misleading personal information |
No charge |
No charge |
Application under section 18 for the reasons for a decision affecting the individual |
No charge |
No charge |
* Fee will not apply where a person appeals a decision to charge a fee or deposit, or a fee or deposit of a particular amount under section 27 of the FOI Act
** Reduced fee will apply in respect of third parties who appeal a decision of a public body to release their information on public interest grounds.
Please note that a request for non personal information will only be processed upon receipt of initial request fee.
Is there a fee for the time spent finding records and for the cost of photocopying?
Yes, fees may also be charged for the time spent finding records and for any photocopying costs incurred by them in providing you with the material requested, as follows:
Fees may be waived in the following circumstances: