under what circumstances can a public body refuse an foi request

lifeandtimes

Hi,

Can someone asnwer the above question?

I have recently placed an foi request to a public company that falls under the foi act,they have contacted me asking for further details of information i would like to which i advised. There is a bit of history so there are files held regarding me.

I then recived a letter from them saying i should hear something back within 4 weeks etc however part of the letter that struck me as odd is the following extract.

"if you have not heard from us once the alotted time has expired, you are automatically entitled to appeal for a review of the matter. This review proceeds on the legal basis that the initial request is considered to be refused once the specified time for reaponding has expired"

So they're saying if i dont hear from them its been refused

Are companies allowed refused an foi request? I thought the point of it was a clear transparent system for everyone involved

Has anyone experienced anything similar ?

Thanks

Pro Hoc Vice

lifeandtimes wrote: »

Hi,

Can someone asnwer the above question?

I have recently placed an foi request to a public company that falls under the foi act,they have contacted me asking for further details of information i would like to which i advised. There is a bit of history so there are files held regarding me.

I then recived a letter from them saying i should hear something back within 4 weeks etc however part of the letter that struck me as odd is the following extract.

"if you have not heard from us once the alotted time has expired, you are automatically entitled to appeal for a review of the matter. This review proceeds on the legal basis that the initial request is considered to be refused once the specified time for reaponding has expired"

So they're saying if i dont hear from them its been refused

Are companies allowed refused an foi request? I thought the point of it was a clear transparent system for everyone involved

Has anyone experienced anything similar ?

Thanks

All set out in the Act http://www.irishstatutebook.ie/eli/2014/act/30/section/19/enacted/en/html#sec19

Of course a body can refuse that's the reason for appeal. If the data is data relating to you is not a Data Protection request under the Data Protection Acts the more correct way to proceed.

lifeandtimes

Pro Hoc Vice wrote: »

All set out in the Act http://www.irishstatutebook.ie/eli/2014/act/30/section/19/enacted/en/html#sec19

Of course a body can refuse that's the reason for appeal. If the data is data relating to you is not a Data Protection request under the Data Protection Acts the more correct way to proceed.

Ok so i should be making a data protection request instead?

Pro Hoc Vice

lifeandtimes wrote: »

Ok so i should be making a data protection request instead?

Read the acts and reasearch the difference online. As you are the only person who knows exactly what you want. But usually personal information is Data Protection Acts.

GM228

Basically the difference between the two is a DP request is required for information held about yourself from any person whilst an FOI request is information about a public body or information in relation to you held by a public body.

Citizens Information give a good accurate guide to both:-

http://www.citizensinformation.ie/en/government_in_ireland/national_government/standards_and_accountability/freedom_of_information.html

http://www.citizensinformation.ie/en/government_in_ireland/national_government/standards_and_accountability/data_protection.html

Also this from the DP Commissioner:-

What is the difference between FOI and Data Protection?


The Freedom of Information Acts grant every person a right, subject to certain restrictions, to access information held by Government Departments, agencies and other designated bodies in receipt of State funding. The FOI Acts also allow for persons to seek access to their own data held by such bodies.

The requirements of the Data Protection Acts apply to all legal entities in this jurisdiction whether Government, private, voluntary or charitable that control personal data. More guidance on this is available at the following link: Are you a Data Controller?

The Acts place obligations on such entities in terms of how they process personal data. One of these obligations is to give a person a copy of their personal data on request. This right to access personal data is subject to very limited exemptions
.
When a public body covered by Freedom of Information legislation receives an FOI request from a person for their own information, they are required to also consider the request under data protection requirements and give the person the maximum amount of their information taking account of both sets of legislation. More detailed guidance is available here Data Protection and Freedom of Information in the Public Sector

lifeandtimes

GM228 wrote: »

Basically the difference between the two is a DP request is required for information held about yourself from any person whilst an FOI request is information about a public body or information in relation to you held by a public body.

Citizens Information give a good accurate guide to both:-

http://www.citizensinformation.ie/en/government_in_ireland/national_government/standards_and_accountability/freedom_of_information.html

http://www.citizensinformation.ie/en/government_in_ireland/national_government/standards_and_accountability/data_protection.html

Also this from the DP Commissioner:-

thanks for that,so it seems even though i made a foi request they still have to take in account a data protection request would be made also so looks good then.

Losty Dublin

The little that I recall on FOI having done a little work on it years ago may be of interest to the OP. The 4 weeks is there to protect the general public from the relevant organ of State deliberately stalling the decision process for as long as they feel they can get away with. If there are genuine reasons for any such delay then they will/should inform you of same and a reasonable timeframe on their making a decision. At this time of year it may be the case that a FOI decision maker is away; again they should let you know if this is the case

Sometimes you can be offered the required information outside of the terms of FOI. This is generally done for the benefit of both parties but you are under no obligations to accept this if offered, especially if it doesn't answer your query adequately.