Guidance notes

We have prepared guidance notes which show how we interpret and apply the Freedom of Information Act.

We hope that they help you to understand our approach when we review decisions by public bodies.

Please note that these guidance notes are not legally binding. Each case will depend on its own facts.
Please also ensure that you are using an up-to-date version of the guidance notes. We amend them from time to time.

NOTE: On 25 September 2020 the Supreme Court delivered its judgments in the cases of The Minister for Communications, Energy and Natural Resources v The Information Commissioner and University College Cork v The Information Commissioner. These judgments have implications for the Commissioner’s reviews of decisions by FOI bodies and are being carefully considered by the Commissioner. The guidance provided here is subject to the implications of these judgments and users of this guidance should bear this in mind.

Section 9 - Amendment of Records Relating to Personal Information (Updated Sept 2017)

Section 10 - Right of Person to Information Regarding Acts of FOI bodies Affecting the Person (Updated Sept 2017)

Section 15(1)(a) - Record Does not Exist or Cannot be Found (May 2020)

Section 15(1)(c) - Voluminous Request (Aug 2015)

Section 15(1)(g) - Frivolous or Vexatious (Aug 2015)

Section 27 - Fees and Charges (Apr 2017)

Section 28 - Meetings of the Government (Aug 2015)

Section 29 - Deliberations of FOI Bodies (Aug 2015)

Section 30 - Functions and Negotiations of FOI Bodies (Feb 2016)

Section 31 - Parliamentary, Court and Certain Other Matters (Jan 2016)

Section 32 - Law Enforcement and Public Safety (Aug 2015)

Section 33 - Security, Defence and International Relations (Feb 2016)