Freedom of Information - General Information
The Freedom of Information (FOI) Act was implemented for Government Departments and other public sector agencies from 21 April 1998. Bord Scannán na hÉireann / the Irish Film Board came under the Act in June 2002.
The FOI 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 him/herself amended where it is incomplete, incorrect or misleading;
- a legal right to obtain reasons for decisions affecting oneself (refers only to decisions taken on or after the Act applied to Bord Scannán na hÉireann).
The Act asserts the right of members of the public to obtain access to official information in possession of Bord Scannán na hÉireann to the greatest extent possible consistent with the public interest and the right of privacy of individuals.
The FOI Act is designed to allow public access to information held by public bodies which is NOT routinely available through other sources. Access to information under the Act is subject to certain exemptions and involves specific procedures and time limits.
Applications under the FOI Act
Under the FOI Act, anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to:
- access to records held by Bord Scannán na hÉireann
- correction of personal information relating to oneself held by Bord Scannán na hÉireann where it is inaccurate, incomplete or misleading
- access to reasons for decision made by Bord Scannán na hÉireann directly affecting oneself.
The following records come within the scope of the Act:
all records relating to personal information held by Bord Scannán na hÉireann irrespective of when created
all other records created from the Act's commencement date, 21 April 1998
any other records necessary to the understanding of a current record
Bord Scannán na hÉireann / the Irish Film Board is obliged to respond to the request within 4 weeks.
How to apply:
Applications for information under the FOI Act should be addressed to:
Evelyn Mannion
FOI Officer
Bord Scannán na hÉireann
Rockfort House
St. Augustine Street
Galway
Ireland
Tel: + 353 91 561398 Fax: + 353 91 561405 Email: info@filmboard.ie
Applications must be in writing and should indicate that the information is sought under the FOI Act. If applications are submitted by email, some proof of identity may be sought. If information is desired in a particular form - eg. photocopy or computer disk - this should be stated in your application. Please give as much detail as possible to enable staff of Bord Scannán na hÉireann to identify the record. If you have difficulty in identifying the precise records that you require, the FOI Officer will be happy to assist you in preparing your request.
Rights of Review and Appeal
The Act sets out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where the Board invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access etc may also be the subject of appeal. Details of the appeals mechanisms are as follows:
Internal Review
You may seek internal review of the initial decision that will be carried out by a senior member of staff if:
a) you are dissatisfied with the initial response received i.e. refusal of information, form of access, charges, etc, or
b) you have not received a reply within 4 weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to internal review.
Requests for internal review should be marked 'FOI Review' and submitted in writing to:
Evelyn Mannion
FOI Officer
Bord Scannán na hÉireann
Rockfort House
St. Augustine Street
Galway
Ireland
Tel: + 353 91 561398 Fax: + 353 91 561405 Email: info@filmboard.ie
Such a request for internal review must be submitted within 4 weeks of the initial decision. Bord Scannán na hÉireann must complete the review within 3 weeks. Internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review by the Information Commissioner
Following completion of internal review, you may seek independent review of the decision from the Information Commissioner. Also if you have not received a reply to your application for internal review within 3 weeks, this is deemed to be a refusal and you may appeal the matter to the Commissioner.
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner
18 Lower Leeson Street
Dublin 2
Phone: +353 1 6785222 Fax: +353 1 6610570 E-mail: ombudsman@ombudsman.irlgov.ie
FEES
Fees may be charged as follows:
In respect of personal records, fees in respect of the cost of copying records requests will not apply, save where a large number of records are involved.
In respect of other (non-personal) information, fees may be charged in respect of the time spent in efficiently locating and copying records. No charges may apply in respect of the time spent by public bodies in considering requests.
Section 47 of the FOI Act, 1997 provides for fees. Fees are currently set as follows in accordance with Statutory Instruments Nos. 139 or 1998 and 13 of 1997:
- €20.95 per hour - search and retrieval
- €0.04 per sheet for a photocopy
- €0.51 for a 3 and a half inch computer disk
A deposit may be payable where the total fee is likely to exceed €51. In these circumstances, Bord Scannán na hÉireann will, if requested, assist the member of the public to amend the request so as to reduce or eliminate the amount of the deposit.
Charges may be waived in the following circumstances:
- where the cost of collecting and accounting for the fee would exceed the fee;
- where the information would be of particular assistance to the understanding of an issue of national importance; or,
- in the case of personal information, where such charges would not be reasonable having regard to the means of the requester.
