Frequently Asked Questions

What is the Freedom of Information Act 1997?

The Freedom of Information Act 1997 provides that every person has the following new legal rights:

• The right to access official records held by public bodies listed in the Act
• The right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading
• The right to be given reasons for decisions taken by public bodies that affect them

How does it Work?

Limerick Institute of Technology is currently preparing two manuals. Section 15 - a guide to the structures, functions, services and records of the Institute. Section 16 - the rules, procedures, guidelines etc. used by the Institute in reaching decisions that affect the public.

The Act requires public bodies to respond to requests from the public for information held by them. They are obliged to acknowledge the request within 2 weeks and make a decision on the request within 4 weeks (or 8 weeks in certain limited circumstances). If a response is not issued within 4 weeks the request is deemed to have been refused and the requester can proceed to the review stage.

Can you get access to any information you seek?

Any official records held can be sought under the Act. However, it will be necessary to exempt certain types of information and these are set out in Sections 19 - 32 of the Act. Some key exemptions are:

• Confidential material
• Commercially sensitive information
• Personal details (other than to the person to whom they relate)
• Information supplied to public bodies in confidence

How can a request be made?

Requests must be in writing:

• Specify that the request is made under FOI
• Identify clearly records requested
• FOI request forms available from the FOI Office, Limerick Institute of Technology

Proof of identity will be sought before access to personal information is granted. The Institute must acknowledge receipt of the request in writing within two weeks and a decision must be made, generally, within four weeks from the date of receipt of the request.

Is there a charge for getting information under FOI?

No charge will apply in respect of time spent considering the request. In relation to personal information, there will be no charge unless a large volume of photocopying is involved. For non-personal information a search and copying charge will usually apply. Section 47 (or 4.7?) of the Act provides for the following fees: €20.95 (£16.50) per hour - search and retrieval; €0.4 cent (0.3p) per sheet in relation to photocopying.

Is it always necessary to make an FOI request to get information from the Institute?

No. It is possible to obtain the information you require by other means such as:

• Discussion with the relevant department
• Annual Reports, Newsletters, etc. published by the Institute
• Administrative access i.e. by writing to the appropriate office stating the information/record requested

What is a record?

A record includes any information of Limerick Institute of Technology which is stored manually, electronically or mechanically.

What to do if you are unhappy with the decision on your request?

You can appeal to the Institute to have the decision reviewed. This review will be carried out by an official senior to the person who made the original decision. The review must be completed in 3 weeks. If you are still unhappy, you have the right to appeal the decision to:

The Information Commissioner
18 Lower Leeson Street
Dublin 2.
Phone: 353 1 6785222
Fax: 353 1 6610570
e-mail: foi@ombudsman.irlgov.ie

What are the benefits of FOI?

The Act provides for greater public access to official information. It will improve openness and transparency with regard to decision making processes and facilitate better access to information held by public bodies.

Request for information under this Act should be sent to:

Freedom of Information Office
Limerick Institute of Technology
Moylish Park Campus
Limerick
Phone: 353 61 208285

e-mail: foi@lit.ie