Process and fees
How long does it take to process a Freedom of Information request? What is the process? Are there fees involved? And can you appeal a decision?
How long will the process take?
The Freedom of Information Act, 2014 sets down strict time limits for processing requests.
- NCRI is obliged to acknowledge your request within two weeks from the date of receipt.
- You will be given the name of the person dealing with your request.
- NCRI is obliged to respond to your request within four weeks of receipt.
It may be necessary to extend this period for up to four more weeks if:
- Your request relates to a very large number of records, or a large number of requests for the same record(s) have been made.
- If the period is extended, you will receive notice of this before the end of the initial four-week period, and the reasons for the delay will be given.
What is the process?
If your request is granted:
- You will receive a letter stating that your request has been granted and the name of the person dealing with it.
- You will be given the time frame within which this request will be granted.
- You will be given details of any fees involved if applicable.
Fees
There is no longer an application fee when making an initial Freedom of Information request. However, fees apply for internal reviews, review by the information commissioner or for services such as searches, retrievals and photocopying.
Internal review
A standard application fee of €30 must accompany an application for internal review under section 14 of the Act.
A reduced fee of €10 applies if the person bringing the application is a medical card holder or a dependent of a medical card holder.
Some applications, such as one relating personal information related to the applicant, are free of charge.
Review by the information commissioner
A standard application fee of €50 must accompany applications to the information commissioner for review of decisions made by public bodies under section 34 of the Act.
A reduced fee of €15 applies if
- The person bringing the application is a medical card holder or a dependent of a medical card holder or
- The person is specified in section 38 (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.
Search, retrieval and photocopying
Fees may be charged for the searching for, retrieval of and copying of records, as follows:
- There is a minimum threshold of €101, below which there is no charge. Where fees amount to €101 and upward, full charges apply.
- There is, however, a cap of €500 on such fees except in certain circumstances.
- There is a further upper limit (Overall Ceiling Limit) of €700, above which the FoI Body may refuse to process the request unless the scope of the request is refined, to bring the total cost of the processing under the €700 limit.
Section 27 of the FoI Act sets out the rules for applying search and retrieval fees. Fees are currently set as follows in accordance with Statutory Instruments No. 531 of 2014
- €20 per hour - search and retrieval
- €0.04 per sheet for a photocopy
Rights of review and appeal
The Act 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 the NCRI invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc. 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)
NCRI 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 NCRI 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 six 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.