Collection
Apply for a review
From Office of the Information Commissioner (OIC)
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Last updated on
- 5. Fees
- 6. Apply online
- 7. Apply by post
- 8. More information
You can apply to the OIC if:
- You have already made an FOI request, including requests for amendment of records (S.9) and requests for statements of reasons (S.10), and want to appeal the FOI decision
- You are a third party objecting to the release of records
We review decisions which public bodies make under the Freedom of Information Act. These include:
- Refusal of access to a record
- Refusal of access to part of a record
- Refusal of access in the way you requested (under the Freedom of Information Act you can request a photocopy, transcript, computer disk or ask to examine a document)
- Deferral of access to a record
- A decision on a request to correct personal information
- A refusal to give reasons for a public body's act which materially affects you
- A decision on a fee or deposit asked for by the public body
- A decision under Section 38 (where a public body decides to release commercially sensitive information to a third party in the public interest)
- A decision to extend the time limit for the public body’s decision
- Ensure you have asked the public body that made the decision on your FOI request for an internal review within four weeks of the original decision
- The public body has three weeks to complete its internal review and send you a new decision. A more senior member of staff will carry out the internal review. If a public body does not reply to your FOI request or your request for an internal review within the required time-frame, this is known as a "deemed refusal". You can then apply to us for a review
We generally only accept an application for review after an internal review is complete. Exceptions to this apply if:
- The head of the public body made the original decision
- The public body consulted a third party under section 38 and decided to release information in the public interest that is confidential, commercially sensitive or personal information
- The public body extended a time limit on an FOI Request
- The public body decided that the Freedom of Information Act does not apply to the records you requested
- The public body decided to defer access to a record under section 16
In general, you can apply to us for a review within six months of the public body's decision. We can extend the time limit if we think there are reasonable grounds for doing so.
You have only two weeks to appeal to our office if:
- Section 38 applies to the public body's decision or
- The public body decided to extend the time limit for considering your FOI request
For more information on the Freedom of Information Act, you will find regulations, codes of practice and manuals on the website of the Freedom of Information Central Policy Unit of the Department of Public Expenditure and Reform.
Our decision in a review is legally binding. The applicant or the public body or an affected party can appeal our decision to the High Court, on a point of law.
Before you appeal, we recommend that you gather all records of your dealings with the public authority in relation to the request.
These usually include:
- Your name, address, telephone number, email address and any other contact details
- The name of the public body
- The reference number of the public body's decision (if you have it)
- The correct fee - view our fees for review listed below
- If you believe no fee or a reduced fee applies, please provide supporting information. Your application is only deemed to have been received when the fee is paid, if applicable
- Details of the parts of the public body's decision you are unhappy with and which you want us to review
If a fee applies, we cannot accept or process your application until you pay the fee.
For online applications, you can pay the fee once you have completed the application form.
For applications by post, fees may be paid by cheque/bank draft/postal order, crossed and made payable to the Office of the Information Commissioner. Fees can be paid in cash in person at the Office from 9.15am to 5pm, Monday to Friday. Do not send cash by post.
Check the following list to see if you should pay a fee:
- Access to a personal record relating to you: No fee
- Amendment to records (section 9 of the Freedom of Information Act): No fee
- Statement of reasons (section 10 of the Freedom of Information Act): No fee
- Appeal decision of a public body to charge a fee (Note: Fees may apply for search and retrieval and/or copying of records which are the subject of an FOI Request): No fee
- Request to which section 37(8) of the Freedom of Information Act applies: No fee
- Access to a non-personal record: €50
- Access to a non-personal record by the holder of an Irish medical card or a dependent of a medical card holder (Note: We need a photocopy of the medical card): €15
- Third parties appealing a public body's decision to release their information on public interest grounds (section 38 of the Freedom of Information Act): €15
- Appeal decision of a public body to extend the time for the consideration of an FOI request (section 14 of the Freedom of Information Act): €50
- Appeal decision of a public body to extend the time for the consideration of an FOI request by the holder of an Irish medical card or a dependent of a medical card holder (section 14 of the Freedom of Information Act) (Note: We need a photocopy of the medical card): €15
We recommend using our online application form. This is the easiest and quickest method of filling in the form. Access the online form you need via the buttons below:
Print the application form below and fill it in. Post it to: 6 Earlsfort Terrace, Dublin 2, D02 W773
The Information Commissioner reviews FOI decisions.
- If you need information and resources on freedom of information, you may wish to contact the Freedom of Information Central Policy Unit of the Department of Public Expenditure and Reform
- Concerns about Data Protection access requests or breaches may be referred to the Data Protection Commissioner
- Complaints about how a public body dealt with you may be a matter for the Office of the Ombudsman
- We cannot provide legal advice. If you need legal advice you may wish to consult a solicitor
Freedom of Information Central Policy Unit
Address:
Department of Public Expenditure, NDP Delivery and Reform, Floor 3, 7-9 Merrion Row
, Dublin 2
, DO2 V223
Website:
Email:
Phone number:
Data Protection Commissioner
Address:
Canal House, Station Road
, Portarlington, Co Laois
, R32 AP23
Website:
Email:
Phone number:
Office of the Ombudsman
Address:
6 Earlsfort Terrace
, Dublin 2
, D02 W773
Website:
Email:
Phone number: