Publication
Freedom of Information (FOI)
From Social Welfare Appeals Office
Published on
Last updated on
From Social Welfare Appeals Office
Published on
Last updated on
The Freedom of Information (FOI) Act provides that since 21 April 1998, every person has the following legal rights:
These rights mean that people can seek access to personal information held on them no matter when the information was created, and to other records created after 21 April 1998. Access to information under the Act is subject to certain exemptions and involves specific procedures and time limits.
Applications should be in writing and should indicate that the records are being sought under the FOI Act. Please give as much detail as possible to enable staff of the Social Welfare Appeals Office to identify the records sought. If you have difficulty in identifying the precise records that you require, the staff of the Social Welfare Appeals Office will be happy to assist you in preparing your request.
Applications for records under the FOI Act should be addressed to:
No fees apply where your request involves access to your personal records, unless there are a significant number of records that fall within the scope of your request.
An upfront fee no longer applies to Non-Personal or Mixed Requests since 14 October 2014.
Fees may be charged in respect of the time spent in locating and copying records, based on a standard hourly rate of €20.95 for search and retrieval and €0.04 for copying per page. The first 5 hours (€100) of search and retrieval is free. Once the charge exceeds €101, fees apply.
There is a cap on the amount of search and retrieval and copying fees that can be charged of €500 (25 hours approx) i.e. an FOI request that costs €650 is charged at €500. There is a further upper limit on estimated search and retrieval and copying fees at €700 (35 hours) above which an FOI body can refuse to process the request, unless you are prepared to refine the request to bring the search and retrieval and copying fees below the limit.
A deposit is payable where the total fee for search and retrieval is likely to exceed €101. In these circumstances, you will be notified.
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 these provisions are invoked to withhold information, the decision may be appealed. Decisions in relation to the deferral of access, charges, forms of access, etc. may also be the subject of appeal.
If you are dissatisfied with the initial decision, you may seek an internal review which will be carried out by an official at a higher level in this Office. You may also seek an internal review if you have not received a reply within 4 weeks of your initial application.
A request for internal review must be submitted within 4 weeks of the initial decision (or the date the decision was due in the case of non-reply). A review must be completed within 3 weeks.
There is no upfront fee for a request for a review in relation to personal records. However, a fee of €30 must accompany most applications for internal review of a decision in relation to non-personal records. A reduced fee of €10 applies if you are covered by a medical card. There is no fee payable for cases where a review is sought due to the non-reply of the initial request.
Applications for Internal Review should be addressed to:
Following completion of internal review, if you are unsatisfied, you may seek an independent review of the decision by the Office of the Information Commissioner. Also, if you have not received a reply to your application for internal review within 3 weeks, this is deemed a refusal and you may appeal the matter to the Information Commissioner. The Information Commissioner's decision is final and can only be appealed to the High Court on a point of law.
Appeals to the Information Commissioner should be made in writing to the following address:
There is no upfront fee for a request for an appeal in relation to personal records. However, a fee of €50 must accompany most applications for review by the Information Commissioner in relation to non-personal records. A reduced fee of €15 applies if you are covered by a medical card. There is no fee payable for cases where an appeal is being sought due to the non-reply of the internal review request.