You can access many public records in Ireland under the Freedom of Information (FOI) system. This area is governed by the Freedom of Information Act 2014. In general, the FOI system applies to:

• All public bodies unless they are specifically exempt  
• Some non-public bodies which receive public funds

The Freedom of Information Act 2014 grants you a legal right to:

• Access information held by a body to which FOI legislation applies, known as an FOI body
• Have official information about you amended where it is incomplete, incorrect or misleading
• Get reasons for decisions affecting you

However, apart from certain personal information, you may not need to use FOI as a lot of information may already be available on an organisation’s website. By law, each FOI body must publish information to explain:

• The organisation and its functions under specific headings
• How to access information or find out what information the organisation holds

Some FOI bodies may provide additional information on their websites, in information leaflets, publications, and in responses to previous enquiries.

What does personal information cover?

Personal information is defined in the Freedom of Information Act as information about you and from which you can be identified, that either would normally be known only to you and your family members or friends or is held by an FOI body on the understanding that it would be treated as confidential.

Personal information includes:

• Your educational, medical and psychiatric records
• Information about your financial affairs
• Information about your employment and employment history
• Information about any criminal history

Who can request personal information?

Generally, only you can make an FOI request for personal information about you. No one else can request or be given your personal information. There are limited exceptions, including for parents and guardians in certain circumstances. Your personal information may sometimes also be disclosed as part of someone else’s FOI request if it is contained in the records the requester is entitled to but your identity may be redacted.

What records can I request?

You can ask for the following records:

• Any records relating to your personal information whenever they were created (except for certain historic personnel records of members of staff of an FOI body)
• All other records created after a certain date, which is:
  - 21 October 1998 for the HSE and local authorities
  - 21 April 1998 for public bodies covered by older FOI legislation
  - 21 April 2008 for public bodies that were not covered by the older FOI legislation
  - a specified date for any newly-prescribed bodies

A record can be a paper document or information held electronically.

How do I apply?

1. Check first to see if the information you want is easily available elsewhere.
2. If it is not available elsewhere, write to the FOI Unit of the relevant public body and say that you are making a  request under the Freedom of Information Act 2014. If you do not mention the Act, your request may be dealt with as an ordinary request for information.
3. Be as specific as you can to help the organisation find the information you want. Where possible, give the time period for which you wish to access records (for example, records created between December 2019 and August 2020).
4. If you need the information in a particular form (for example, photocopy or searchable electronic format), say this in your letter.

By law, the FOI body must acknowledge your request for records within two weeks and, in most cases, respond to it within four weeks. This period can be extended by another four weeks if it involves a large volume of records. The time limit can also be extended where the FOI body asks you to pay a deposit before providing the records.

How much does it cost to make an FOI application?

There are no fees to access your personal records unless a significant number of records are involved. Before charging you a fee, the FOI body must take your financial situation into account.

As of December 2020, the fees to access general (that is, non-personal) information are:

* There are reduced fees for medical card holders and their dependants. These reduced fees also apply to third parties who appeal a decision to release their information on public interest grounds.

Are there any other costs?

There may be charges for the time spent searching, retrieving and copying records.

If the cost of search, retrieval and copying is €100 or less, no charge applies. If the charge is more than €101, the fees below apply. However, you cannot be charged more than €500.

If the estimated cost of search, retrieval and copying is more than €700, the FOI body can refuse to process your request, unless you revise your request to bring the search, retrieval and copying fees below this limit.

Reasons why you might be refused access

Under the Act, you can be refused access to the following records as they do not have to be disclosed (shared):

• Certain records relating to courts, tribunals and commissions of investigation
• Certain records held or created by the Garda Síochána
• Certain records held by criminal justice agencies such as the Criminal Assets Bureau and the Defence Forces
• Certain records relating to inquiries into the administration, practice or procedures of the Garda Síochána
• Certain records held or created by the Attorney General, the Director of Public Prosecutions or the Comptroller and Auditor General
• Certain records held by the Central Bank of Ireland
• Records relating to the President of Ireland
• Records relating to the private papers of TDs and senators and their confidential communications
• Records which would reveal the identity of a provider of confidential information

You may also be refused access to other categories of records, including:

• Meetings of the Government
• Deliberations, functions and negotiations of FOI bodies
• Parliamentary and court matters
• Law enforcement and public safety
• Security, defence and international relations
• Information obtained in confidence
• Commercially sensitive information
• Personal information of others
• Financial and economic interests of the State

Requests can also be refused where:

• The record sought does not exist or can not be found
• The request is not specific enough despite attempts by the FOI body to help you
• The request would cause substantial disruption to the work of the FOI body
• The information is already in the public domain
• You can get the records elsewhere
• The FOI body plans to publish the information within 12 weeks
• A required fee or deposit has not been paid
• The request is frivolous (lacking in seriousness) or vexatious (intended only to annoy or disturb)

What if personal information about me in public records is wrong?

If your personal information in any public record is incomplete, incorrect or misleading, you can apply to the FOI body to have it corrected. 

Amending the record may involve either a simple correction or deletion or an addition to the public record of a statement which specifies the problem.

The FOI body has up to four weeks to consider the application and tell you of its decision.

• If they agree to change the record, they must tell you what changes will be made.
• If they refuse your request to change the record, they must note on the record that you have asked for a change. They must also tell you of your rights of review and appeal.

If a public record is amended in this way, the FOI body must also take all reasonable steps to:

• Tell anyone who accessed the record under FOI about the change
• Tell any other FOI body that the record was given to, about the change

Can an FOI refusal be reviewed?

If you do not get a reply within four weeks of your initial application, this is regarded as a refusal of your request and you can ask for an internal review.

Also, if you are not satisfied with the response of the FOI body to any aspect of your request for information (for example, refusal of information, form of access, charges), you can ask for a review of the decision. You have four weeks from the date of the original decision to request a review unless there are reasonable grounds for a late application, for example if you have been recovering from a serious illness or dealing with a bereavement.

An internal review of an FOI decision is carried out by senior members of staff of the FOI body and must be made within three weeks. Your application for a review of a decision should be sent to the FOI Unit of the body concerned. If you do not get a reply within three weeks of your review application, this is considered a refusal of your review and you can seek to appeal the decision to the Information Commissioner.

Can I appeal an FOI refusal?

If you are unhappy with the decision of an FOI body following an internal review to refuse your FOI request, you have the right to appeal it to the Information Commissioner. The Information Commissioner investigates complaints of non-compliance with FOI legislation and generally promotes a freedom of information culture in the public service. You normally have six months to appeal to the Information Commissioner.

An FOI body may not appeal its own decision to the Information Commissioner. It may also be possible to appeal a decision by the Information Commissioner to the High Court.

You can find more information about making an FOI request on foi.gov.ie and on oic.ie.