FOI wording

Ericdravancrow

Hi,
Can someone point towards a website etc, where I can get the correct wording of a FOI request, for medical files, it would be for paper and electronically stored info.

Pro Hoc Vice

Ericdravancrow wrote: »

Hi,
Can someone point towards a website etc, where I can get the correct wording of a FOI request, for medical files, it would be for paper and electronically stored info.

http://foi.gov.ie/wp-content/uploads/FOI_Application_Form.pdf

That is for freedom of information request which is information that is not your own personal information, for example the spending by the HSE on paper clips.

https://www.dataprotection.ie/docs/Making-an-Access-Request/963.htm

That is for your own data which is a data protection request and applies to your own data say AGS data re arrests etc.

A google search for "freedom of information request" and "data protection request" to get more information.

Carawaystick

Can you not FOI your own personal info from bodies under foi rules?

Pro Hoc Vice

Carawaystick wrote: »

Can you not FOI your own personal info from bodies under foi rules?

Depends on the body and the records, also if I remember Data Protection is a set fee FOI can charge a hour rate for search and copy costs.

Unless there is a special reason I would think personal data should be applied for under Data Protection.

Carawaystick

Isn't there no charge under FOI for personal info unless the body reckons it'll cost over a hundred in search&retrieval fees?
Whereas they will always charge for data protection requests?

http://foi.gov.ie/faqs/will-i-be-charged/

Graham

From https://www.dataprotection.ie/docs/General/1237.htm#7 (emphasis mine)

1.7 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

Pro Hoc Vice

Carawaystick wrote: »

Isn't there no charge under FOI for personal info unless the body reckons it'll cost over a hundred in search&retrieval fees?
Whereas they will always charge for data protection requests?

http://foi.gov.ie/faqs/will-i-be-charged/

From the link, "However the Act does allow that in situations where the request relates to a significant number of records that a charge may be levied having regard to the circumstances of the requester."

I believe a data protection request fee can not be more than €6.35.

Carawaystick

Pro Hoc Vice wrote: »

From the link, "However the Act does allow that in situations where the request relates to a significant number of records that a charge may be levied having regard to the circumstances of the requester."

I believe a data protection request fee can not be more than €6.35.

It's highly unlikely it'd take over 5 hours searching time to clock over 101 euros in fees, and no fees are levyied for a lower amount.
And anyway you can then change to the dp request.