THE UNIVERSITY OF DUBLIN Trinity College

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1 THE UNIVERSITY OF DUBLIN FREEDOM OF INFORMATION ACTS - HOW TO MAKE A REQUEST What are the Freedom of Information Acts? The Freedom of Information Acts 1997 and 2003 provide that every person has the following legal rights: the right to access official records held by public bodies prescribed under the Acts; the right to have personal information held by public bodies corrected or updated where such information is incomplete, incorrect or misleading; and the right to be given reasons for decisions taken by public bodies that affect them. was prescribed under the Freedom of Information Act 1997 with effect from 1st. October, From that date people could seek access to personal information held by the College, no matter when that information was created, and to other records, generally those created after 21st April, What is a record for Freedom of Information purposes? A record is defined very broadly and includes any information held manually, mechanically or electronically. Do I need to use the Freedom of Information to request information? Very considerable information is available without recourse to the Freedom of Information Acts. Those seeking information should, in the first instance, consult the University Calendar, Prospectuses, or other publications, the College s Enquiries Office [Telephone (01) ] or Website ( or ask the Head of the relevant Department in the College. Freedom of Information provides an additional route to information by facilitating access to records that are not made routinely available. How does Freedom of Information operate? The Acts require public bodies to respond to requests from the public for information they hold. Requests must be acknowledged within 2 weeks. In most cases, public bodies must give their decision on a request within 4 weeks of receiving it. In addition, public bodies must produce reference books setting out the structure of their organisation, the arrangements in place for providing any information and any rules, guidelines or practices they use in reaching decisions that affect the public. These books are available from the public bodies concerned and, in the case of, are available by way of the College s website.

2 How do I make a Freedom of Information request? Requests in writing should be addressed to The Information Compliance Officer (Freedom of Information Officer), Secretary s Office, West Theatre, Trinity College, Dublin 2, or you may use the appropriate form at the end of this leaflet. In any case you need to: specify that you are making your request under the Freedom of Information Acts; identify the records being sought (This is to facilitate locating the records and to reduce any charges which may be payable by a requester for search and retrieval and copying; requesters are advised to give as much information as they can about the records they are seeking.); indicate if you would like to obtain copies of the record or would prefer access in another form; and include the appropriate application fee, where this is payable. The Information Compliance Officer, or other College staff, will assist you in making a request. What fees and charges are payable? (a) Application fees Freedom of Information requests for access to records, other than records that contain only personal information relating to the requester, must be accompanied by a fee of ( for medical card holders). There are no application fees in respect of the amendment of personal records or when applying for reasons for decisions of the College that affected you as an individual. (b) Charges for search and retrieval and copying of records Personal information: Charges for access to personal information are generally limited to the cost of copying the records released where this is significant. Non-personal information: Fees are charged equal to the cost of efficient search and retrieval and copying of the records. Table of charges: Deposits: Assistance with request: Search and retrieval per hour Photocopying per sheet Computer diskette CD ROM Radiograph Where the estimated cost of the records sought is likely to exceed 50.79, a deposit of at least 20% of the amount must be paid by the requester before the process of search and retrieval is commenced. If requested, staff will advise on how to reduce the costs involved by, for example, amending the request. Requesters cannot be charged for the time spent on deciding whether to grant their request.

3 What form of access to records will I get? Depending on the practicalities of the records concerned and the form of access which is most appropriate, the College will usually provide a copy of the record or a reasonable opportunity to inspect the record. The medium of the copy could be a photocopy or perhaps a computer diskette if desired. Where a requester wishes to see records containing his or her own personal information, the College official concerned may ask for proof of identity. Are there time-limits regarding the age of the records which may be requested In general the Acts apply to records created from 21st. April, However, a record created before this date could be requested if necessary to understand records created subsequently. Personal records may be requested irrespective of when they were created. The Acts normally limit requests for personnel records to those created from 21st. April, However, access to prior records is possible if, for example, an earlier record is still affecting the interests of the requester. Can I get access to all official documents? Any official information held by public bodies can be sought under the Acts. However, in order to allow business to be conducted properly, it will sometimes be necessary to exempt from release certain types of information in some circumstances. These necessary exemptions are set out in the legislation. Examples of records which could be exempt would be those which are commercially sensitive or consist of the personal information of someone other than the person making the request. In the event that you are refused access to a record you will be advised of your rights of appeal. How do I have personal information held by the College about me corrected? If after seeing personal records, requesters believe the information they contain to be incomplete, incorrect or misleading, they may apply for the record to be amended. You should apply to the Information Compliance Officer: specifying the record concerned and the amendment required and including appropriate information in support of the application. You may use the appropriate form at the end of this leaflet. How do I exercise my right to information regarding an act of the College which affects me? A person who is affected by an act of the College and has a material interest in a matter affected by the act or to which it relates may apply to the Information Compliance Officer in writing for a statement of the reasons for the act and of any findings on any material issues of fact made for the purposes of the act. An application form for this purpose is available at the end of this leaflet. The right to reasons for decisions applies to decisions made after the application of the FOI Act to (1 October, 2001).

4 What can I do if I am unhappy with a decision on my request under the Acts? Requesters can appeal to the College to re-examine their request. This must be done by the requester within four weeks of the notification of the original decision by the College. Also, requesters have the legal right to appeal if they have not received a decision on their original request within four weeks. The College will have the request reviewed by someone more senior than the person who made the original decision. If the requester is still unhappy with the decision, he or she has the right to appeal the decision to the Information Commissioner. One of the specific responsibilities of the Commissioner is to hear appeals from members of the public who disagree with decisions made by public bodies on their requests. Decisions of the Information Commissioner can be appealed on points of law to the High Court. Disclaimer The foregoing information is a very brief summary of some of the main features of the application of the Freedom of Information Acts 1997 and 2003 to the University of Dublin,. It does not purport to be a legal interpretation of the Acts. Contact information The Information Compliance Officer (Freedom of Information Officer) may be contacted by post to The Secretary s Office, West Theatre,, Dublin 2. by to information.compliance@tcd.ie ; by FAX to (01) or by telephone to (01) s Freedom of Information website address is Freedom of Information requests should be submitted in writing or on a standard form to the Information Compliance Officer (Freedom of Information Officer). Information Compliance Officer Dublin

5 Request for Access to Records under the FOI Acts 1997 and 2003 (page 1 of 2) Please use BLOCK letters Details of Applicant Surname : First Name(s) Postal Address: Telephone Number(s) Home: Office Use Only Date FOI Request Received Business: Personal Information Before you are given access to personal information relating to yourself, you may be asked to provide proof of your identity. Form of Access My preferred form of access is: (please tick as appropriate) To receive copies of the records by post other (please specify) Details of Request In accordance with section 7 of the FOI Acts, I request access to records which are: (Please tick as appropriate) Personal Non-personal Mixed personal / nonpersonal In the space provided please describe the records as fully as you can. If you are requesting personal information, please state precisely in whose name those records are held. You will not normally be given access to personal information of another person unless you have obtained the written consent of that person. I request the following records:

6 Request for Access to Records under the FOI Acts 1997 and 2003 (page 2 of 2) PLEASE SIGN HERE DATE Note: Please include your application fee of ( 10 for medical card holders) unless the records you are seeking contain only personal information relating to you. Please return to: The Information Compliance Officer, Secretary s Office, West Theatre,, Dublin 2

7 Request for Amendment of Personal Information under the FOI Acts 1997 and 2003 (page 1 of 2) Please use BLOCK letters Details of Applicant Surname : First Name(s) Postal Address: Telephone Number(s) Home: Business: Office Use Only Date FOI Request Received Details of Request In accordance with section 17 of the FOI Acts, I request amendment of personal information in records which are held by the University of Dublin,. I claim that the record(s) described below contain(s) personal information that is incomplete incorrect misleading (Please tick as appropriate.) The record(s) containing the information is (are): The information which I believe is incomplete, incorrect or misleading is as follows: The information which I want to appear on the record(s) is as follows

8 Request for Amendment of Personal Information under the FOI Acts 1997 and 2003 (page 2 of 2) The reasons why I claim the information is incomplete, incorrect or misleading are: Please provide any additional information or documentation which would support your claim. If there is insufficient space in this form please attach additional pages. PLEASE SIGN HERE DATE Please return to: The Information Compliance Officer, Secretary s Office, West Theatre,, Dublin 2

9 Request, under the FOI Acts 1997 and 2003 for information regarding an action of the College affecting the person Please use BLOCK letters Details of Applicant Surname : First Name(s) Postal Address: Telephone Number(s) Home: Office Use Only Date FOI Request Received Business: Details of Request In accordance with section 18 of the FOI Acts, I request a statement in writing relating to an action or decision of the University of Dublin,, which has affected me and in which I have a material interest. The action or decision about which I am making my request is: I request a statement of the reasons for the act and a statement of any findings on any material issues of fact made for the purposes of the act PLEASE SIGN HERE DATE Please return to: The Information Compliance Officer, Secretary s Office, West Theatre,, Dublin 2