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HOW TO GET INFORMATION UNDER THE FREEDOM OF INFORMATION ACTS 1997

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					HOW TO GET INFORMATION UNDER THE FREEDOM OF INFORMATION ACTS 1997 and 2003
Note: All references to particular sections of the FOI Act, unless otherwise stated, refer to the 1997 FOI Act as amended by the 2003 Act.

Applications under the FOI Act to Enterprise Ireland Under the FOI Act anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to: • Access records held by Enterprise Ireland • Correction of personal information relating to oneself held by Enterprise Ireland, where it is inaccurate, incomplete or misleading • Access to reasons for decisions made by Enterprise Ireland directly affecting oneself Requests for access to records (S.7) The following records come within the scope of the FOI Act • All records relating to personal information held by Enterprise Ireland, irrespective of when created • All other records created from commencement date i.e. 21 April, 1998 • Any other records necessary to the understanding of a current record • Personnel records of serving staff created from 21 April, 1995 and those created prior to that date which are being used or proposed to be used in a way which adversely affects or may affect the person involved. Enterprise Ireland is obliged to respond to the request within 4 weeks, with certain exceptions. Applications for information under the Freedom of Information Act should be addressed to: Mr David Delaney Freedom of Information Officer Enterprise Ireland Glasnevin, Dublin 9 Ireland Phone: (353 1) 808 2327 Fax: (353 1) 808 2717 email: david.delaney@enterprise-ireland.com Requests for information under the Freedom of Information Act must be made in writing, must refer to the FOI Act and should be sent to Enterprise Ireland's FOI Office at the above address. Emails will be accepted. If information is required in a particular form (e.g. photocopy, computer disk, etc.) this should be specified in the application. Requests should be as specific as possible to enable the information being sought to be identified. Where possible, please try to indicate the time period for which you wish to access records e.g. records created between May 2000 and December 2000. Please note that where you are requesting personal information in relation to yourself you may be asked for relevant identification before information is released to you. 1

The Freedom of Information (Amendment) Act 2003 introduced a number of amendments, most notably in relation to fees. A standard application fee of €15 (€10 for medical card holders) must now accompany all applications for records for non-personal information. For more information on fees see “Fees Relating to FOI Requests” on this webpage. If you have difficulty in identifying the records which you require, the staff of the FOI Office will be happy to assist you in preparing your request. Amendment of records relating to personal information (S.17) The FOI Act confers a legal right on each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading. If you believe that information held by EI about your personal affairs is incorrect, incomplete, or misleading you may request amendment of the information. A request to amend information must: • Be in writing, stating that the request is being made under the FOI Act • Give details of the information which you believe is incorrect, incomplete or misleading • Specify the amendments you want made You should also supply appropriate information in support of your application. Applications under this section should be addressed to the FOI Office at the above address. Right of person to information regarding acts of public bodies affecting the person (S.18) The FOI Act confers a legal right on each person to be given: • Reasons for a decision on any matter particularly affecting that person • Findings on any material issues of fact relevant to the decision. The date from which this right may be exercised in relation to Enterprise Ireland is 21 January 2001, the date from which Enterprise Ireland is subject to the FOI Act. Applications must be in writing, stating that the application is being made under the FOI Act and should be addressed to the FOI Office at the above address. Rights of Review and Appeal The Act set out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where Enterprise Ireland 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, which will be carried out by an official at a higher level, if: 2

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You are dissatisfied with the initial response received i.e. refusal of information, form of access, charges, etc., or 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.

A standard application fee of €75 (€25 for medical card holders) must accompany all appeals relating to non-personal information. Requests for internal review should be submitted in writing to: Mr David Delaney Freedom of Information Officer Enterprise Ireland Glasnevin Dublin 9 Ireland Phone: (353 1) 808 2327 Fax: (353 1) 808 2717 email: david.delaney@enterprise-ireland.com A request for internal review must be submitted within 4 weeks of the initial decision. Enterprise Ireland 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 Information Commissioner. A standard fee of €150 (€50 for medical card holders) must accompany all requests for a review by the Information Commissioner for records relating to non-personal information. 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) 678 5222 or 1890-223030 from outside the 01 area within the Republic of Ireland Fax: (353 1) 661 0570 email: Info@oic.ie

14 July 2004.

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