Freedom of Information Act 2014 General Information and Guidelines CMG Events 25 June 2015 Kate Colleary Colleary &Company

Why Reform? Conceptually – “fostering an attitude of openness” Themes: “transparency and accountability” Enables people to gain access to official information to the greatest extent possible consistent with the public interest and the right of privacy of individuals. 14 October 2014.  The Act provides removes the main substantive restrictions to access to state information which were included in the 2003 Act., Essentially it extends FOI to all public bodies unless specifically exempt. This means that many governmental bodies that were not previously covered by FOI are now included in that regime – so it’s a steep learning curve for many of those bodies. FOI now applies to all public bodies unless exempt. There are two main types of exemption – a full exemption or a partial exemption. I worked The act also allows for the extension of FOI to non-public bodies which are in receipt of significant funding from Government.  The Freedom of Information Acts 1997 and 2003 are repealed under the new Act.

Brief Summary of Provisions of the FOI Act The Freedom of Information Act 2014 provides the following statutory rights: A legal right for each person to access information held by a body to which FOI legislation applies A legal right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading A legal right to obtain reasons for decisions affecting himself/herself.

Brief Summary of Provisions of the FOI Act ctd Previous manuals (Sections 15 and 16 of the old FOI legislation) replaced by a publication scheme under Section 8 of the 2014 Act. The publication scheme will contain the same information as published in the S15 and 16 manuals, as well as any information that may be required under a model scheme or guidelines that the Minister for the Department of Public Expenditure and Reform may set out.

Brief Summary of Provisions of the FOI Act ctd Requests for information may include Any records relating to the individual personally, whenever they were created All other records created after a certain date - 21 October 1998 for the HSE and local authorities - 21 April 1998 for public bodies that were covered by the old FOI legislation - 21 April 2008 for public bodies that were not covered by the old FOI legislation - the date of the prescribing order (or a specified date) for prescribed bodies A “record” can be a paper document or information held on computer. It includes, for example, printouts, maps, plans, microfilm, audio-visual material, disks and tapes.

Regulations and Orders

Repeals The Freedom of Information Acts 1997 and 2003 repealed The old legislation continues to apply to any FOI request made before the new legislation came into effect. It also applies to any subsequent review or appeal.

Functions of the OIC The Information Commissioner is independent of the Government in the performance of his functions. Main functions Reviewing decisions of FOI bodies Reviewing the operation of the FOI Acts to ensure compliance encouraging the voluntary publication of information above and beyond the minimum requirements of the FOI Acts preparing and publishing commentaries on the practical operation of the Acts the publication of an Annual Report

Powers of the OIC Section 35 - may require that a new decision be issued. Section 37 may require any person who he considers has information relevant to a case or investigation to provide it & to attend before him to present it. enter any premises occupied by a public body and require any person found on the premises to provide him with records which he may copy and retain for a reasonable period. Anyone who hinders the Commissioner in the performance of his review or investigative functions is guilty of an offence and may have a fine imposed or be imprisoned for a term not more than 6 months.

The Data Protection Act 1988 & 2003 (as amended) Human right all sectors focus on privacy Right of access

The Data Protection Act 1988 & 2003 (as amended) FOI Central Policy Unit - Notice No. 18 A right conferred by the Data Protection Act shall not prejudice the exercise of a right conferred by the Freedom of Information Act. The Commissioner and the Information Commissioner shall, in the performance of their functions, co-operate with and provide assistance to each other (DP Act 2003)

The Data Protection Act 1988 & 2003 (as amended) Where a body receives a letter relying on both Acts they should contact the requester and advise him/her of his/her rights under both pieces of legislation and ask him/her to seek the records under one Act. In the event that the requester refuses to do so, a letter in relation to both Acts may issue with only one copy of the documents. If the decision is to refuse access to the information (whether in whole or in part), the body may, if it so wishes, in anticipation of a possible request under the other Act, examine the records in the context of that other Act.

What Next?

Thank You Kate Colleary Colleary & Co Solicitors Pembroke House 28-32 Pembroke Street Dublin 2 +353 16087757 katecolleary@collearyandco.com