How to make a request under FOI

1. Requests must be made in writing and addressed to the Freedom of Information Officer, Institute of Technology, Tallaght, Dublin 24. Requests will be accepted by email (for non-personal information only), by fax, or by completing the request application form. Application forms for use by the public, which have been prepared for their convenience when making an application under this legislation can be downloaded from the website.
2. Requests must specify that the access to records is being sought under the provisions of the Freedom of Information Acts, 1997 & 2003.
3. Requests must identify the records which are the subject of the Request. Requests should not be vague and must contain sufficient information to enable the Institute identify the records in question with a minimum of delay.
    
4. Requests must specify the format in which access to records is sought, e.g. photocopy of records, viewing of file, computer disc, etc.
5. Requests for non-personal information must be accompanied by a standard application fee of €15. A reduced fee of €10 applies if the requester is a Medical Card holder. Further information on fees is available below in the fees section.
 

Proof of identity will be sought before access to personal information is granted.

If a member of the public experiences any difficulty in identifying the records sought, the FOI Officer will be happy to assist in the preparation of the formal request. To obtain further information on making a request under the Acts, please contact the Freedom of Information Officer at telephone: 01 4042144; fax: 01 4042605 or by email: foi@ittdublin.ie

What is the Response Time?
Under the Acts, we are obliged to :
1. Acknowledge receipt of the request within two weeks.
2. Make a decision on the request within four weeks of receipt of request (or eight weeks in certain limited circumstances). If a response is not issued within four weeks the request is deemed to have been refused and the requester can proceed to the review stage.
3. Internal Reviews must be completed within three weeks.

If a request is refused, can it be appealed?
Yes. It may be appealed to an Internal Reviewer within four weeks of being notified of the initial decision. The review will be carried out by an official, senior to the person who made the original decision. The review must be completed within three weeks.
If you are unhappy with the review, you have the right to appeal the decision to the Information Commissioner. (Section 33).
Appeals, in writing, may be made to the Appeals Commissioner at the following address:
Office of the Information Commissioner,
18, Lower Leeson St.,
DUBLIN 2

There is a right of appeal to the High Court, on a point of law only, in certain circumstances.

Is there a charge for getting information under the FOI Act?

Yes, please refer to the following Summary of Fees:

Requests for records
· A standard application fee of €15 must accompany an FOI request under section 7 for a record or records containing non-personal information.
- A reduced fee of €10 applies if the person making such a request is covered by a medical card.
- The following requests/applications are exempt:

A request under section 7 for a record or records containing only personal information related to the requester.
An application under section 17 (right of amendment of records relating to personal information).
An application under section 18 (right of person to information regarding acts of public bodies affecting the person).

- Fees are not charged for retrieval of personal records, except when a large number of records are involved then the requester may be charged fees for copying the records.
- Other (non-personal) information, fees may be charged in respect of the time spent in efficiently locating and copying
records, based on a standard hourly rate, prescribed by the Minister for Finance. No charges may apply in respect of the time spent by the Institute in considering requests.
- A deposit may be payable where the total search and retrieval fee is likely to exceed €50.79. In these circumstances, the Institute will, if requested, assist in amending the request so as to reduce or eliminate the amount of the deposit.

Charges may be waived in the following circumstances:
- Where the cost of collecting and accounting for the fee would exceed the amount of the fee
- Where the information would be of particular assistance to the understanding of an issue of national importance, or
- In the case of personal information, where such charges would not be reasonable having regard to the means of the requester

Section 47 of the FOI Act provides for fees.
Fees are currently set as follows in accordance with Statutory Instruments Nos 139 of 1998 and 13 of 1997 & 2003:

€20.95 per hour as a search and retrieval fee
€00.04 per sheet for a photocopy
€00.51 for a three and a half inch computer diskette containing copy documents
€10.16 for a CD-ROM containing copy documents
€06.35 for a radiograph (X-ray)

Internal Review
- A standard fee of €75 must accompany an application for internal review under section 14.
- A reduced fee of €25 applies if the person bringing the application is a medical card holder or a dependant of a medical card holder.
- The following internal review applications are exempt:
- An application in relation to a decision concerning records containing only personal information related to the applicant.
* An application in relation to a decision under section 17 (right of amendment of records relating to personal information).
* An application in relation to a decision under section 18 (right of person to information regarding acts of public bodies affecting the person).
* An application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount.

Review by Information Commissioner
- A standard fee of €150 must accompany applications to the Information Commissioner for review of decisions made by public bodies under section 34.
- A reduced fee of €50 applies if:
* The person bringing the application is a medical card holder or a dependant of a medical card holder or
* The person is specified in section 29(2) i.e. a third party with the right to apply directly to the Information Commissioner where a public body decides to release their information on public interest grounds.
- The follow applications to the Information Commissioner are exempt:
* An application concerning records containing only personal information related to the applicant.
* An application in relation to a decision under section 17 (right of amendment of records relating to personal information).
* An application in relation to a decision under section 18 (right of person to information regarding acts of public bodies affecting the person).
* An application in relation to a decision to charge a fee or deposit exceeding €25.00 under section 47 in respect of search and retrieval and photocopying of records (decisions in relation to the charging of fees or deposits for search and retrieval and/or photocopying of less than €25 are not subject to review by the Information Commissioner.
* An application in relation to a decision to charge a fee under section 47(6A), or a fee of a particular amount under section 47(6A), on the grounds that the records concerned to not contain only personal information related to the requester or the requester is not a medical card holder or a dependant of a medical card holder.