Freedom of Information

Regulations were signed into law on Monday 22 October, 2001 by the Minister for Finance providing for the extension of the Freedom of Information Act, 1997 to the University. Regulations became effective on 01 October 2001.

The Act is a means of promoting more openness and accountability in the public service and since it came into effect in April 1998 has extended from central government to cover local authorities, health boards and a range of publicly funded organisations.

Three_Rights_Under_the_Act
Records_under_the_Scope_of_the_Act
Key_Exemptions
The FOI Act 1997, Full Text & Short Guide
The FOI (Amendment) Act 2003

Three Rights Under the Act

• A legal right for each person to access information held by public bodies;
• A legal right for each person to have official information held by a public body relating to him/herself ammended where it is incomplete, incorrect or misleading;
• A legal right to obtain reasons for decisions affecting oneself taken by a public body.

The Act asserts the right of members of the public to obtain access to official information to the greatest extent possible, consistent with the public interest and the right to privacy of individuals.

Top_of_page

Records under the Scope of the Act

The Act applies to all record types and can include:

• Paper records - books, files, letters, loose papers, diaries, post-it notes and computer printouts;
• Electronic records - disks, CDs, e-mails, databases;
• Audio-visual records - films, videos, tape recordings;
• Photographs - maps, plans, x-rays, microfiche and microfilm.

Records can be recorded or stored in any format, manual, mechanical or electronic.
The Act also covers drafts, parts and copies of records.

Top_of_page

Key Exemptions

• Personal information (other than information directly relating to the person making the request);
• Commercially sensitive information;
• Information supplied to the University in confidence;
• Deliberations of the University;
• The performance of certain investigative functions and negotiations;
• Law enforcement and Public Safety;
• Research and Natural Resources.

Most of the exemptions are not absolute and many are subject to the proviso that they will not apply if, on balance, the public interest would be better served by granting rather than refusing access to the files. In several cases, information may be withheld only if it can be demonstrated that a specific harm or injury would arise from disclosure.

Top_of_page

FOI ACT 1997 / FOI (AMENDMENT) ACT 2003

• Full text of the FOI Act 1997 (PDF format).
• Full text of the FOI (Amendment) Act 2003 (PDF format).
• Short Guide to the Acts, produced by the Central Policy Unit in the Dept. of Finance.

Top_of_page

last updated August 2011