Background to Freedom of Information

Statement of Policy on Confidentiality and Freedom of Information

Meath County Council’s policy is

To give members of the public access to information held by this Authority
To the greatest extent possible, in accordance with the provisions of the Freedom of Information Act 1997, and 2003 and
Consistent with the public interest and the right to privacy of the individual

The Freedom of Information (FOI) Act was introduced:

to provide, for the right of access to records held by public bodies to the greatest extent possible, consistent with the public interest and the right to privacy
to provide for necessary exceptions to that right
to enable persons to have personal information relating to them, in the possession of public bodies, corrected, where the information held is incomplete, incorrect or misleading
to provide for assistance to persons to enable them to exercise this right
to provide for the independent review, both of decisions of public bodies relating to that right and of the operation of this Act generally (including the proceedings of such bodies pursuant to this Act) and for those purposes, to provide for the establishment of the Office of Information Commissioner and to define its functions
to provide for the publication by public bodies of certain information about them, relevant to the purposes of this Act
to amend the Official Secrets Act, 1963
to provide for related matters

New statutory rights under the Freedom of Information Act

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

The Act gives right of access (subject to exemptions) to:

all records created after commencement of this Act i.e. 21st October 1998
such records created before that date as may be required to understand records created after commencement of the Act
personal records regardless of when created
In the case of staff members, personnel records created since the 21st October 1995

Routinely available Information

Meath County Council has a wide range of information, routinely available, in the form of leaflets, public notices etc., in relation to its activities and to the services which it provides. This information will continue to be available from the offices of the Council, without the need to use the Freedom of Information Act.

Information available under other legislation

The public already enjoys the right to a range of information under other legislation e.g. Planning & Environmental Information. This right remains unchanged and is complemented by the provisions of the Freedom of Information Act.

The Data Protection Act 1988 & 2003

Meath County Council is registered as a Data Controller under the Data Protection Act 1988 & 2003. A request in relation to data covered by this Act may be made using either the Data Protection Act or the Freedom of Information Act.

European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998

The European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 came into operation on the 1st May 1998. These regulations set out the procedures for public access to information relating to the environment held by public bodies.

Requests must be in writing and, generally, a response should be made within one month from the date on which the request is received.

Reasonable charges may be made having regard to the cost of making available the information.

Public bodies may refuse requests on certain mandatory grounds (e.g. personal information/third party information) or discretionary grounds (e.g. commercial confidentiality/ matters “sub judice” etc.)

Full details of these regulations are available from the Environment Section at County Hall.

The Freedom of Information Act is intended to allow Public access to information which is NOT routinely available through other sources.