How to make a request under the Freedom of Information Act 2014
You should make your request in writing to the Freedom of Information Officer, Corporate Affairs, Áras an Chontae, Portlaoise, Co. Laois or by e-mail to foi@laoiscoco.ie
You should state that you are requesting records under the Freedom of Information Act 2014 and be as clear as possible in relation to the records that you are seeking access to so that the Council fully understands your request. A valid request must satisfy these requirements. In cases where the Council receives requests for records that do not satisfy this criterion it is obliged to consult with the requester and may seek to amend the request.
If you are seeking information which is personal, it will be necessary for you to submit appropriate identification to the Freedom of Information Officer.
If you wish to receive the records in a particular format, this should also be indicated in the request.
The Freedom of Information Officer will be happy to assist requesters in preparing their request.
Is there a fee?
Where the request is for personal information, there are no charges unless there is a significant number of records. In the case of requests which relate to non-personal information, charges are applied for search and retrieval and copying. The relevant section of the Act is Section 27(2), and these fees relate to:
(a) Determining whether the Council holds the information requested,
(b) Locating the documents containing the information,
(c) Retrieving such documents,
(d) Extracting the records from the files, documents or electronic or other information sources containing both it and other material not relevant to the request and
(e) Preparing a schedule specifying the records for consideration for release.
There is a minimum threshold of €101 below which no search, retrieval and copying charges can be charged based on a standard hourly rate of €20 per hour. Once the charges reach €101 full charges apply. There is a cap on the amount that can be charged, and this is set at €500. There is also a further upper ceiling limit set at €700 above which a body can refuse to process a request unless the requester is prepared to refine the request below the limit.
Photocopying charges
Charges which apply in respect of photocopying are:
- 4 cent per sheet
- €10.00 per cd
- €6.00 for x-rays in the case of medical records
Fees also apply for an internal review under Section 22: €30 and €10 for medial card holders and their dependents. The fee for appeals to the Office of the Information Commissioner is €50 and €15 for medical card holders and their dependents.
When will the Council make a decision?
The Act requires that the Council must:
- Acknowledge receipt of the request within two weeks,
- Make a decision on the request within 4 weeks
There are certain circumstances under the Act where the period for a final decision may he longer that the normal four weeks. If this occurs with your request, you will be advised in writing.
Can I appeal the decision?
Yes. If you are not satisfied with the decision, you may request an “Internal Review”. A more senior officer of the Council will review your application and you will be notified of the result of this review within 3 weeks.
If you are not satisfied with the decision on “Internal Review” you make ask the Information Commissioner to review same.
The Information Commissioner may be contacted at the following address:
Office of the Information Commissioner, 6 Earlsfort Terrace, Dublin 2, DO2 W773 Telephone 01 6395689 |
Alternatively, you can contact them at the link below:
Information Commissioner