1. The Freedom of Information and Data Protection Legislation An Overview
Ann McKeon
2018

2. Why was the Freedom of Information Act introduced?
Develop a culture of openness, transparency and accountability
Implemented in Government Departments April 1998-Health Boards/Local Authorities Oct 1998 etc.
Third Level Institutions - 1st October 2001

3. Entitlements: Students, Staff and the Public
A legal right to:
Access official (corporate) records Access and amend, delete or correct your own personal records
Be given reasons for decisions which affect you from 1st October 2001
Note: subject to exemptions

4. Implications of the Act
For public bodies:
A legal obligation to publish information
A legal obligation to establish mechanisms for handling requests
A legal obligation to assist individuals to exercise their rights

5. Publications under the Act
Description of functions, structure, services, powers, classes of records held etc.
Web based
Purpose: assist individuals in exercising their rights under the Act

6. Publications under the Act
Internal rules, procedures, guidelines etc. used in the decision making process
Mainly web based
Purpose: assist individuals in exercising their rights under the Act

7. FOI Record Definition “The FOI Act states that a “record” includes
“any memorandum, book, plan, drawing, diagram, pictorial or graphic work or other document, any photograph, computer record etc……..or thing in which information is held or stored and anything that is a part or a copy, in any form of any of the foregoing ….etc”
(Includes s – can be accessed under FOI)
“Any record under the control of the university”

8. What records can be requested
Records created after Act commenced-
21st April 1998
Student/public personal records regardless of when created
Staff records created after 21st April, 1995
Earlier records if needed

9. Exempt/protected Records
Personal information from third party access
Information obtained in confidence
Commercially sensitive information
Functions and negotiations of public bodies Deliberations of public bodies Research and natural resources
“public interest test” “injury or harm test” to justify withholding

10. FOI Process
Decision maker: Initial decision within four weeks
Internal reviewer: seek review within four weeks - decision within three weeks
External review: seek review within six months
by Information Commissioner
binding decisions
Appeal to High Court and Supreme Court (point of Law only)

11. Maynooth University requests
Media requests
Staff requests
Public requests
Student requests

12. Impact
Records released routinely
Records of meetings/decisions published on web
Diminished culture of secrecy
Improved security of Data

13. Impact
Write objectively, support opinions with facts, ensure information is relevant to the matter
Document reasons for decisions and refer to policies in decision making
Records management (accurate recording, filing and retrieval)
Advise people of FOI rights and assist them in exercising their rights

14. Impact Record content Avoid technical jargon (explain if necessary)
Keep language simple and concise
Sign and dates entries
Legible handwriting
Remove draft copies from files

15. FOI (Amendment) Act 2003
€15 “up front” fee for an application for access to non personal records (€75 for Internal Review, €150 for external review)
Does not apply to applications for access to personal records
Clarification/amendments to exemptions
Increased protection for Government records

16. The Freedom of Information Act 2014
Removes the main restrictions on access to official information introduced by the FOI (Amendment)Act 2003
Extend FOI to all public bodies
Extension of FOI to non-public bodies receiving significant public funding.
Removes €15 application fee.
Reduced fees for non personal records

17. Fees €15 initial application fee repealed
Minimum threshold of €100 below which no search, retrieval and copying fees can be charged.  Once the charge exceeds €100, full fees apply
There is a cap on the amount of search, retrieval and copying fees that can be charged of €500
Upper limit on estimated search, retrieval and copying fees at €700 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit;
Fee for internal review under Section 21 is now €30 (€10 for medical card holders and their dependants)
The fee for appeals to the Information Commissioner under Section 22 is now €50 (€15 for medical card holders and their dependants).

18. Risks/Challenges FOI and DP
Security of Data
Security Breaches
Client/customer care versus legal obligations
Up to date and accurate records
Control of records

19. Risks/Challenges FOI and DP
Ensuring compliance with the law
Audits by FOI and DP Commissioners
Limited resources

20. Responsibilities Laptops Mobile devices Safegaurding Personal data
Physical security
Technical security

21. FOI Management/Compliance
Publications Information leaflets, booklets, website (Legal obligation to promote FOI)
FOI access procedures and routine access procedures
Student /Staff awareness and training
Records management

22. Data Protection Management/Compliance
Data Protection Policy
Privacy statement
Staff guidelines
DP access structures and procedures
Consent of data subjects
Staff training

23. Contact Ann McKeon Freedom of Information Officer Humanity House
Maynooth University
Tel:
Website