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Introduction
Making
an Application under The Freedom of Information Act,
1997
How
Freedom of Information Applications are dealt with
Rights
of Review and Appeal
Internal
Review
Review
by the Information Commissioner
Appeal
to the High Court
Fees
Introduction
Under
the Freedom of Information Act 1997 & (Amendment)
Act 2003 an individual
is entitled to apply for access to information not
otherwise publicly available. You have the right
to: -
- Access
records held by the Children's University Hospital
- Correct
personal information relating to him/her held by the
Children's University Hospital where it is inaccurate,
incomplete or misleading
- Access
reasons for decisions made by the Children's University
Hospital directly affecting him/her.
The
following records come under the scope of the Act: -
- All
records relating to personal information held by the
Children's University Hospital irrespective of when
created.
- All
other records created from commencement date i.e.
21st April, 1998
- Any
other records necessary to the understanding of a
current record.
Making
an Application under The Freedom of Information
Act
1997 & (Amendment) Act, 2003
Requests
for information under the Freedom of Information Act,
1997 & (Amendment) Act 2003 should be made in writing. In preparing a request,
an applicant should follow these guidelines: -
Tel.
No. 353-1- 8784546 /
353-1-8784720
Fax: 353-1-8784226
E-mail: paula.day@cuh.ie
How Freedom
of Information Applications are dealt with
The
Freedom of Information Act, 1997 & (Amendment)
Act 2003 sets down strict time
limits for the processing of requests. These are as
follows: -
- Applications
will be acknowledged within two weeks of receipt
of a request
- Applications
will be replied to within four weeks of receipt
of a request
The
hospital may extend the four- week time limit for replying
to requests if
- The
request relates to a very large number of records
- A
large number of requests have been received from different
applicants for the same records
- The
records relate to a third party who may have to be
contacted, the deadline may be extended by three weeks.
In
the event of the hospital having to defer its reply
on these grounds, applicants will receive notice of
this before the end of the four-week period for
normal replies and will receive the reasons for the
delay.
If
a request is granted, the applicant will be told
in writing:-
- That
the request has been granted
- The
name of the person dealing with the request
- The
day on which access to the relevant records has been
granted, and the manner in which it has been granted
- The
fee that may be charged, if applicable
If
a request is refused, the applicant will be told
in writing:-
- That
the request has been refused and the reasons for the
refusal
- The
rights of appeal and review as set out below
Rights of Review
and Appeal
The
Act sets out a series of exemptions to protect sensitive
information where its disclosure may damage interests
of third parties or the public interest. Where The Children's
University Hospital invokes these decisions to withhold
information, the decision may be appealed. Decisions
in respect of deferral of access to records, charges
for access that may be levied and the form in which
access is granted may also be appealed. Details of appeals
mechanisms are given below.
Internal Review
An applicant requesting records under the Act may seek
an internal review of the initial decision of the hospital.
The grounds for appeal can include access to records
being refused, access being deferred, access being in
a medium other than that requested, and charges for
access.
Requests
for internal review must be submitted in writing
within four weeks of the original decision being
notified to an applicant. The request should be made
to the Internal Reviewer at the hospital. The hospital
must complete its internal review and notify
the applicant within three weeks of the request
for internal review being received. An internal review
must normally be completed before an applicant can appeal
to the Information Commissioner.
A
request for internal review must be made in writing
and sent to
Mr. Paul Cunniffe
Chief Executive/Internal Reviewer,
The Children's University Hospital,
Temple Street,
Dublin 1.
Tel No: 353-1- 8784232
Review by the
Information Commissioner
Following
completion of the internal review, an applicant may
seek independent external review of the decision by
the Information Commissioner. An application for an
internal review that is not completed within three weeks
is deemed to be a refusal and the applicant can proceed
immediately to review by the Information Commissioner
without waiting for the hospital to communicate its
decision.
Appeals
to the Information Commissioner must be made in writing
and sent to the following address:-
Office of the Information Commissioner
18 Lower Leeson Street
Dublin 2
Tel. 01 6785222
Fax 01 6610570
E-mail foi@ombudsman.irlgov.ie
Applications for external independent review by the
Information Commissioner can be made within six months
of completion of the internal review by the hospital.
The Information Commissioner will advise an applicant
of his decision within four months.
Appeal
to the High Court
An
application to a review by the Information Commissioner
or any other person affected by the decision of the
Commissioner following such a review may appeal to the
High Court on a Point of Law only.
Fees
Fees
may be charged as follows:
The following fees will apply to FOI requests under
Section 7 of the FOI Act (requests for access to records)
and applications under Section 14 (Internal Review)
and Section 34 (Review by Information Commissioner
received after 7th July, 2003).
Requests for Records:
- A
standard application fee of €15 must accompany
an FOI request under Section 7 for a record or
records
containing non-personal information
- A reduced fee of €10 applies to the person making
such a request is covered by a medical card.
- In
respect of personal records, no fees will be charged
for copying the records requested unless a large number
of records are involved.
- In
respect of other (non-personal) information, fees
may be charged for the time spent in efficiently locating
and copying records, based on the standard rates in
operation at the time of the request. No fee may be
levied for the cost of time involved in considering
an application under the Act once the records have
been retrieved.
- A
deposit of 20% may be payable where the total fee
is likely to exceed €51. In these circumstances
the hospital must, if requested, assist the applicant
to amend the request so as to reduce or eliminate
the amount of the deposit.
Internal Review
A
standard fee of €75 must accompany
an application for internal review under Section
14. This fee does
not apply to requests for internal review into a decision
concerning records containing only personal information
relating to the applicant.
A
reduced fee of €25 applies if
the person bringing the application is a medical
card holder or dependant
of a medical card holder.
Review by Information Commissioner A
standard fee of €150 must accompany applications
to the Information Commissioner for review of decisions
made by public bodies under Section 34. A reduced fee
of €50 may applies if the person brining the application
is a medical card holder or a dependant of a medical
card holder or the person is specified in Section 29
(2) ie a third party with the right to apply directly
to the Information Commissioner where a public bodies
decides to release their information on public interest
grounds. The standard fee does not apply to an application
concerning records containing only personal information
related to the applicant. Contact
point for requests under the Freedom of Information
Act & (Amendment) Act 2003 .
Requests
for information under the Freedom of Information
Act
1997 should be addressed to:-
The
Risk Manager,
Children's University Hospital
Temple Street
Dublin 1
Tel.
01 8784546
Fax. 01 8784226
E-mail paula.day@cuh.ie
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