What is Freedom of Information?
The Freedom of Information Act is an Act of the Oireachtas effective from the 21st October 1998 (and amended 2003) for the HSE and provides every person with the following legal rights:
- The right to access official records held by the Public Bodies listed in the Act, e.g. the HSE and Local Authorities.
- The right to have personal information amended where such information is incomplete, incorrect or misleading; and
- The right to be given reasons for decisions taken by public bodies that affect them.
These rights mean that from 21st October 1998, members of the public may seek access to personal information held on them, no matter when the information was created, subject to its certain exemptions designed to protect the public interest and the right to privacy
How does it work?
The Act requires public bodies to respond to requests from the public for information they hold. Public bodies must give their decision on a request within 20 working days of receiving it. Staff of Public Bodies must also assist members of the public seeking access to information.
How do I make a request under the Act?
- Put your request in writing.
- State what records you are seeking, supplying as much detail (i.e. service location, dates of treatment etc) as possible.
- State the manner in which access is sought e.g. inspect the originals, obtain photocopies, hear / view audiovisual record, obtain a copy of a computer disk or other electronic device etc.
- Supply proof of identity in the case of personal information.
- Supply €15 (€10 medical card holder) if requesting non-personal data.
Can other people gain access to my personal records?
No, only you can gain access to your personal records, unless you give your authorisation for someone else to access them on your behalf.
After my death who can access my personal records?
A deceased person’s records may be accessed by Next of Kin, Legal Personal Representativies and other persons identified in the Regulations SI 47 of 1999.
Can I get access to any information that I seek?
Access to any official information held by the HSE can be sought under the Act. The Amendment Act 2003 now requires a processing fee of €15 (€10 medical card holders) to be paid for requests for non-personal information. However, in certain defined circumstances it will sometimes be necessary to exempt from release certain types of information. These exemptions are set out in the Act. Some key exemptions which may be used relate to:
- Personal information (other than information relating to the person making the request).
- Information supplied to the HSE in confidence.
- Law enforcement and Public Safety
- Commercially sensitive information
- Deliberations of Public Bodies
- Functions and Negotiations of Public Bodies.
While the HSE will seek to protect the privacy of individuals and information supplied in confidence, in certain circumstances it may be in the public interest to release such information.
Is there a charge for accessing information under the F.O.I. Act?
Personal information will normally be given free of charge. However, charges will apply for requesting non-personal information.
Freedom of Information Act (Fees) Regulations 2003 prescribe fees applicable to FOI requests and review applications received on or after 7 July 2003 and have important implications for the processing of requests under the FOI Act.
From the 7th July 2003 an up-front fee of €15 must accompany each request for non-personal information. A reduced fee of €10 will apply if the person making the request is a medical cardholder or a dependent of a medical cardholder.
A fee of €75 (reduced to €25 for medical card holders and their dependants) will be required to accompany an internal review application. For a request to go to external review i.e. the Information Commissioner there will now be a fee of €150 (reduced to €50 for medical card holders and their dependants) and finally the new arrangements also provide that third parties who have a right, under section 29 of the Act, to appeal directly to the Information Commissioner where a public body proposes to release certain information on public interest grounds, will now be liable for a reduced up-front fee of €50 in respect of such an appeal.
What can I do if I am unhappy with a decision on my request, e.g. where access has been refused, deferred or only partially granted?
- You may appeal the decision to a HSE Internal.
- You may appeal to the Information Commissioner against the decision of the HSE Internal Reviewer.
- You may appeal to the High Court on a point of law only.
How do I request an Internal Review?
If you are unhappy with the decision made on your F.O.I request you may appeal to the Internal Reviewer named in the Decision Letter within 4 weeks of the initial decision.
This review is independent of the initial Decision Maker’s decision. You will receive an acknowledgement from the Internal Reviewer of receipt of the review within 5 working days and a completed decision within 15 working days.
How do I request an External Review?
If you are unhappy with the Internal Reviewer’s decision you may appeal directly to the Information Commissioner where an independent review of the matter will be carried out. You must apply for an external review within six months of the internal review decision being made. The Information Commissioner will then examine firstly, how the application was handled in the HSE and secondly, the records involved in the request. The Information Commissioner has to make a decision on the appeal within 4 months.
The Commissioner can be contacted at:
Office of Information Commissioner
18 Lower Leeson Street,
Dublin 2.
Tel: 01 639 5689
Fax: 01 661 0570
Email: foi@ombudsman.irlgov.ie
Is it always necessary to make a FOI request to get information from public bodies?
No - You may be able to obtain the information you require by other means such as:
- By discussion with the relevant member of the HSE’s staff.
- By information leaflets, annual reports, etc. which the HSE publishes.
- By administrative access, i.e. by writing to the appropriate Officer of the Board stating the information/record requested.
What information publications/leaflets are available?
As required by the Freedom of Information Acts 1997 & 2003 the HSE has produced information leaflets and specific manuals.
The HSE has produced a number of documents in line with the requirement of the Act:
Last updated on: 27 / 01 / 2011