Freedom of Information Procedure

Freedom of Information

The Freedom of Information Act 2014:

The Freedom of Information Act establishes three new statutory rights:

A legal right for each person to access information held by public bodies:
A legal right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading
A legal right to obtain reasons for decisions affecting oneself

This Act asserts the right of members fo the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.

See Freedom of Information Act 2014

1. How To Get Information Under The Freedom Of Information (FOI) Act, 2014 from Kilkenny County Council.

Information can be requested as follows by email to foi@kilkennycoco.ie , phone 056 7794000, fax to 056 7794004 or in writing to:

Freedom of Information Office,
Kilkenny County Council,

County Hall,

John Street

Kilkenny

a. You must specify that you are requesting information under the Freedom of Information Act, 2014.

b. You must identify the records that you want to access and give us enough information to:

Determine if we hold the information,

Locate it or the documents containing it,

Retrieve such information or documents and,

Extract the information / records requested.

You must state how you would like to access the records, e.g. photocopies of the records, to attend to view the originals or get copies of them on computer disc.

What is the Time Frame for dealing with an FOI request?

The Council must notify receipt of a request no later than 10 days after its receipt of and make a decision no later than 20 days of receipt of the request.

(Note: Day means a working day, excluding weekend and public holiday.)

What is the cost of Making a Request?

There is no fee for making an FOI Request. However, you must pay any search and retrieval charges, as well as the cost of copying records, over certain limits.

What type of decision will be made on my Request Application?

The Decision on your Request will be one of the following:

1. Full Grant of Request,

2. Part Grant of Request or,

3. Full Refusal of Request.

Why would a Request be Partially Granted or Refused?

The FOI Act contains a number of provisions exempting the release of Personal Information to another or Sensitive or Exempt Information.

Can I Appeal a Decision?

Yes. You may seek an Internal Review of a decision within Four Weeks of Receipt of the Decision, if

(a) You are dissatisfied with the initial decision received e.g. refusal of information, form of access etc., partial release of information or

(b) You have not received a reply within four weeks of the initial application - this is deemed to be a refusal of the request and allows you to seek an Internal Review.

What is the cost of requesting an Internal Review?

For Non - Personal Information there is a fee of €30.00 or €10.00 for medical card holders.

For Personal Information no fees are payable.

Internal Reviews are carried out by a staff member of a higher rank than that of the staff member who made the decision in the first instance.

You will receive an Internal Review decision within three weeks.

A request for an Internal Review should be submitted in writing to:

The Freedom of Information Office,
Kilkenny County Council,
County Hall,

John Street

Kilkenny

Phone: 056 7794000
Fax: 056 7794051
email: foi@kilkennycoco.ie

If you are unhappy with the Internal Review Decision or do not get a decision within the three week period?

You can seek a Review by the Information Commissioner if you not satisfied with the Internal Review Decision, If a Decision is not given to you within three weeks or If you are unhappy with the fees & charges sought.

The Review by the Information Commissioner is an independent review, outside of Kilkenny County Council, of an Internal Review Decision.

A request for a review must be made in writing to the Information Commissioner at the following address:

Office of the Information Commissioner,
6, Earlsfort Terrace, Dublin 2, D02 W773

Phone: (01) 6395689
Fax: (01) 6395674
email: info@oic.gov.ie

A standard fee of €50, or €15 in the case of a medical card holder must accompany an review request to the Information Commissioner.

Policy with regard to confidentiality and Freedom of Information

Kilkenny County Council undertakes to hold any information provided to it by individuals or others on a confidential basis, subject to the Council's obligations under law, including the Freedom of Information Act, 2014 and the Data Protection Acts, 1988 and 2003.

If, a person requests that information provided to the Council should not be disclosed because of its sensitive nature, then it is incumbent upon the person or body when supplying the information to make this clear this and to specify the reasons for the information's sensitivity.

The Council will consult with any individual or body supplying sensitive information before making a decision on any Freedom of Information request received.

2. Fees and Charges

Fees and Charges are payable as set out in the Freedom of Information Act 2014 (Fees) (No. 2) Regulations, 2014.

Fees are payable as follows:

1. Making a Request for Information: No fee payable.

2. Seeking an Internal Review for Non - Personal Information:

€30.00, or €10.00 for Medical Card Holders.

For Personal Information: No Fee Payable.

3. Seeking a Review by the Information Commissioner for Non - Personal Information:

€50.00, or €15.00 for Medical Card Holders.

For Personal Information:

No Fee Payable.

CHARGES: Non Personal Information.

Charges are payable in respect the time spent in Search & Retrieval as follows:

(a) Determining if we hold the information,

(b) Locating it or the documents containing it,

(d) Extracting such information.

(e) Making a Schedule of Records for possible release.

Photocopying is charged at a charge per sheet.

Charges: Personal Information.

No charges apply in respect of Requests for Personal Information, unless there is a lagre volume of records to be released.

Charges are fixed as follows:

€20.00 per hour spent in doing items (a) to (e) above,

€0.04 per sheet for a photocopy,

€10.00 per CD ROM,

€6.00 per X-Ray.

Minimum and Maximum Fees and Charges.

If fees and charges do not exceed €101 no charge is imposed. If they exceed €101 and are below €500 they are payable and the Council can request a deposit of 20% which must be paid before the Council begins the search and retrieval. The full cost must be paid before the release of the records.

Should the estimated search and retrieval costs exceed €700 the Council must seek a reduction in the scope of the request from the Requester. If the Requester does not reduce the scope of the request, the full amount as advised is payable and the records will not be released until full payment is made. Alternatively the Request may be refused.

Reduced Fees and Waivers.

Where the information sought is of particular assistance to the understanding of an issue of national importance costs may be waived.