FOI rights of review and appeal
The Freedom of Information Act 2014 sets out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where NCRI invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges or forms of access may also be the subject of appeal.
Details of the appeal mechanisms are as follows:
Internal review
You may seek internal review of the initial decision which will be carried out by an official at a higher level if:
- You are dissatisfied with the initial response received, i.e. refusal of information, form of access, charges, etc, or
- You have not received a reply within four weeks of your initial application.
This is deemed to be a refusal of your request and allows you to proceed to internal review.
Requests for internal review should be submitted in writing to:
Data Protection Officer (DPO)
National Cancer Registry
Building 6800
Cork Airport Business Park
Kinsale Road
Cork
These reviews should clearly state that they are Freedom of Information requests. They must be submitted within four weeks of the initial decision. The National Cancer Registry must complete the review within three weeks of receipt of internal review application. Internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review by the information commissioner
If following completion of the internal review you still have been refused in part or total, you may seek independent review of the decision from the Information Commissioner. Also if you have not received a reply to your application for internal review within three weeks, this is deemed to be a refusal and you may appeal the matter to the Commissioner. In general an application for review by the Commissioner must be made within 6 months of the notification of the decision by the public body.
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
Tel: 01-6785222 LoCall 1890 223030
Fax: 01-6610570
email: foi@ombusdman.irlgov.ie
The commissioner's decision can be appealed to the High Court on a point of law only.