Freedom of Information
The Freedom of Information Act, 1997 (FOI) as amended by the Freedom of Information (Amendment) Act, 2003 establishes the following statutory rights:
a legal right for each person to access information held by public bodies and government departments
- a legal right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading
- a legal right to obtain reasons for decisions affecting himself/herself.
The Act gives right of access (subject to exemptions) to:
- all records created after commencement of this Act i.e. 21st October 1998
- such records created before that date as may be required to understand records created after commencement of the Act
- personal records regardless of when created
- in the case of staff members, personnel records created from a date 3 years before commencement of the Act
- reasons for decisions made by Donegal County Council directly affecting yourself
- seek correction of personal information relating to you, held by Donegal County Council where it is inaccurate, incomplete, or misleading.
How do I apply for information under Freedom of Information Act?
Your request should be in writing (request sent by fax or email to the number/address indicated above is acceptable) and should indicate that the information is sought under the Freedom of Information Act. To assist you in making a request a standard Freedom of Information Request Form is available here.
You are entitled to apply for access to information not otherwise publicly available.
If you wish to receive the information in any particular format you should indicate this in your request. Please give as much detail as possible to enable us to identify the records to which you require access.
If you have difficulty in identifying the precise records which you require, we will be happy to assist you in preparing your request.
Applications for information under this Act should be addressed to:
Mary Daly
Town Clerk, Abbeyview, Ballyshannon,
Co. Donegal
Phone: 071/98 58270 or fax 071/98 58271
Email: mdaly@donegalcoco.ie
We must issue acknowledgement of your request within two weeks of our receiving it.
We must make a decision on your request within four weeks of our receiving it unless the request relates to such number of records that compliance within the specified time is not reasonably possible, in which case a time extension not exceeding a further four weeks may be allowed. You must be notified of the period of the time extension required and the reasons therefore.
Do I have a right to appeal the initial decision in respect of my request?
The Freedom of Information Act sets out appeal mechanisms in the event of a refusal of a request, or in relation to deferral of access, charges, form of access etc.. Details of these 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 within four weeks of the initial decision by writing to:
Mary Daly, Town Clerk, Abbeyview, Ballyshannon, Co. Donegal
Phone: 071/98 58270 or fax 071/98 58271
Email mdaly@donegalcoco.ie
Ballyshannon Town Council or Donegal County Council must complete the review within three weeks.
Internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review by the Information Commissioner:
You may seek independent review by the Information Commissioner if:
- following completion of the Internal Review procedure, you are dissatisfied with the decision; or,
- you have not received a reply to your request for Internal review within 3 weeks of your application. This is deemed to be a refusal and you may appeal the matter to the Commissioner.
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner,
18, Lower Leeson Street,
Dublin 2.
Phone: 01 6785222
Fax: 01 6610570
Email: ombudsman@ombudsman.irlgov.ie
Is there a fee involved in making a request?
Yes. Fees for Freedom of Information requests were introduced under the Freedom of Information (Amendment) Act 2003. The fees came into force on 7 July 2003. A reduced fee will apply if the person making the request is a medical card holder or a dependant of a medical card holder.
| Type of Request/Application |
Standard Fee* |
Reduced Fee* & ** |
| Request for a record under section 7 |
|
|
Initial Request
Internal Appeal
Appeal to InformationCommissioner |
€15
€75
€150 |
€10
€25
€50 |
| Request under section 7 for personal information |
No
charge |
No
charge |
| Application under section 17 for amendment of a record containing incorrect, incomplete or misleading personal information |
No
charge |
No
charge |
| Application under section 18 for the reasons for a decision affecting the individual |
No
charge |
No
charge |
* Fee will not apply where a person appeals a decision to charge a fee or deposit, or a fee or deposit of a particular amount under section 47 of the FOI Act
** Reduced fee will apply in respect of third parties who appeal a decision of a public body to release their information on public interest grounds.
Please note that a request for non personal information will only be processed upon receipt of initial request fee.
Is there a fee for the time spent finding records and for the cost of photocopying?
Yes, fees may also be charged for the time spent finding records and for any photocopying costs incurred by them in providing you with the material requested, as follows:
- for personal records, fees in respect of the cost of copying the records only will apply
- for other (non-personal) information, fees may be charged in respect of the time spent in efficiently locating and copying records, based on a standard hourly rate, to be prescribed by the Minister of Finance
- no charges will apply in respect of time spent by the local authority in considering your request
- a deposit may be payable by you and in these circumstances, you may request assistance from our staff to amend your request so as to reduce or eliminate the amount of the deposit.
Waiver of Fees
Fees may be waived in the following circumstances:
- where the cost of collecting and accounting for the fee would exceed the amount payable; or,
- where the information would be of particular assistance to the understanding of an issue of national importance; or,
- in the case of personal information, where such charges would not be reasonable, having regard to the means of the requester.