How To Get Information Under The Freedom Of Information Acts
How do I ask for information from Wexford County Council under the Freedom of Information Acts?1. You must ask for information in writing, either by post, email or fax. Requests should be addressed to:
County Secretary,
Wexford County Council,
Carricklawn,
Wexford.
2. You must specify that you are asking for the information under the Freedom of Information Acts.
3. You must identify the records that you want to access. Your request should give us enough information so that we can clearly identify the records. This will reduce the possibility of delays.
4. You must include the appropriate fee with your request.
5. You must state how you would like to access the records. For example, do you want photocopies of the records, do you want to come in and view the originals or get copies of them on computer discs?
Generally, the Council must respond to FOI requests within four weeks. Requests will be acknowledged within two weeks.
For further details on getting information under the Acts contact:
Freedom of Information (FOI) Officer,
Wexford County Council,
Carricklawn,
Wexford.
Phone: (053) 9196281
Fax: (053) 9196075
email: foi@wexfordcoco.ie
Rights of Review and Appeal
The FOI Acts set out a series of exemptions to protect sensitive information. Where the Council invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, forms of access etc. may also be appealed. Details of the appeals mechanisms are set out in the following paragraphs.
Internal Review
Applicants may seek an internal review of the initial decision, which will be carried out by an official at a higher level, if
(a) the applicant is dissatisfied with the initial response received e.g. refusal of information, form of access etc., or
(b) the applicant has not received a reply within four weeks of the initial application – this is deemed to be a refusal of the request and allows the applicant to proceed to internal review.
Requests for an internal review should be submitted in writing to:
Director of Service, Corporate Affairs,
Wexford County Council,
Carricklawn,
Wexford.
Phone: (053) 9196400
Fax: (053) 9196065
email: foi@wexfordcoco.ie
A request for an internal review must be submitted within four weeks of the initial decision. The Council must complete the review within three weeks. An internal review must normally be completed before an appeal may be made to the Information Commissioner.
(Note: “week” means a period of 5 consecutive week-days and, in determining such a period, a Saturday or a public holiday (within the meaning of the Organisation of Working Time Act 1997) shall be disregarded and “weeks” shall be construed accordingly.)
A standard fee of €75, or €25 in the case of a medical card holder, must accompany an application for internal review, unless the application is for review of either a decision concerning records containing only personal information related to the applicant or a decision to charge a fee or deposit.
Review by the Information Commissioner
Following completion of the internal review, an applicant may seek an independent review of the decision from the Information Commissioner. An applicant may also appeal to the Commissioner if the Council does not reply to their request for an internal review of the original decision within three weeks – as this is deemed to be a refusal.
Appeals must be made in writing to the Information Commissioner at the following address:
Office of the Information Commissioner,
18 Lower Leeson Street,
Dublin 2.
Phone: (01) 6395689
Fax: (01) 6395674
email: foi@ombudsman.irlgov.ie
Save in certain circumstances, a standard fee of €150, or €50 in the case of a medical card holder or a third party whose information the Council decides to release on public interest grounds, must accompany an appeal to the Information Commissioner.
Fees
Fees may be charged as follows:
- In the case of personal records, no fees will be charged in respect of locating and copying the records requested unless a large number of records are involved.
- In the case of other (non-personal) information, fees may be charged at prescribed rates for (a) the time spent in efficiently locating records and (b) photocopies of records, a 3½” computer diskette or CD-ROM (that is to say, a compact disk read-only memory). No charges will apply in respect of the time spent by the Council in considering requests.
A deposit may be payable where the total fee is likely to exceed €50.79. In these circumstances, the Council will, if requested, assist in amending the request so as to reduce or eliminate the fee.
Fees may be waived in the following circumstances:
- where the cost of collection would exceed the amount of the fee;
- where the information is 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 applicant.
Policy with regard to confidentiality and Freedom of Information
Wexford County Council undertakes to hold any information provided to it by individuals or others on a confidential basis, subject to the Council's obligations under law, including the Freedom of Information Acts. If, for any reason, it is wished that information provided to the Council should not be disclosed because of its sensitive nature, then it is incumbent upon the person or body when supplying the information to make clear this wish and to specify the reasons for the information's sensitivity. The Council will consult with any individual or body so supplying sensitive information before making a decision on any Freedom of Information request received.
