Freedom of Information Act 2014
Number 30 of 2014
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Freedom of Information Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 30 of 2014
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Assisted Decision -Making (Capacity) (Amendment) Act 2022 (46/2022)
• Personal Injuries Resolution Board 2022 (42/2022)
• Protected Disclosures (Amendment) Act 2022 (27/2022)
• Land Development Agency Act 2021 (26/2021)
• Credit Union Restructuring Board (Dissolution) Act 2020 (22/2020)
• Judicial Council Act 2019 (33/2019)
• CervicalCheck Tribunal Act 2019 (31/2019)
• Home Building Finance Ireland Act 2018 (28/2018)
• Data Protection Act 2018 (7/2018)
• Independent Reporting Commission Act 2017 (25/2017)
• Minerals Development Act 2017 (23/2017)
• Financial Services and Pensions Ombudsman Act 2017 (22/2017)
• Prisons Act 2015 (57/2015)
• National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)
• Workplace Relations Act 2015 (16/2015)
• Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022 were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022)
• Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2017 (S.I. No. 53 of 2017)
• Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016 (S.I. No. 558 of 2016)
• Freedom of Information Act 2014 (Section 34(6)(b)) Regulations 2016 (S.I. No. 452 of 2016)
• Freedom of Information Act 2014 (Amendment of Schedule 3) Regulations 2016 (S.I. No. 330 of 2016)
• Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 (S.I. No. 218 of 2016)
• Freedom of Information Act 2014 (Effective Date for Certain Bodies) Order 2015 (S.I. No. 148 of 2015)
• Freedom of Information Act 2014 (Exempted Public Bodies) Order 2015 (S.I. No. 144 of 2015)
• Freedom of Information Act 2014 (Commencement Date for Certain Bodies) Order 2015 (S.I. No. 103 of 2015)
• Freedom of Information Act 2014 (Fees) (No. 2) Regulations 2014 (S.I. No. 531 of 2014)
• Freedom of Information Act 2014 (Fees) Regulations 2014 (S.I. No. 484 of 2014)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 30 of 2014
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
CONTENTS
Preliminary and General
Section
FOI Bodies
Rights in Relation to Records
General rights in relation to records and decisions
8. Publication of information about FOI bodies
9. Amendment of records relating to personal information
10. Right of person to information regarding acts of FOI bodies affecting the person
FOI Requests
12. Requests for access to records
13. Decisions on FOI requests and notification of decisions
14. Extension of time for consideration of FOI requests
15. Refusal on administrative grounds to grant FOI requests
16. Deferral of access to records
17. Manner of access to records
18. Access to parts of records
19. Decisions deemed to have been made in certain cases
20. Delegation of certain functions of heads
Internal Review
21. Review by heads of decisions under Chapters 1 and 2
Review by Information Commissioner
22. Review by Commissioner of decisions
23. Requests for further information by Commissioner
Appeal to High Court
24. Appeal to High Court, etc.
Miscellaneous
25. Precautions by High Court and Commissioner against disclosure of certain information
Exempt Records
28. Meetings of the Government
29. Deliberations of FOI bodies
30. Functions and negotiations of FOI bodies
31. Parliamentary, court and certain other matters
32. Law enforcement and public safety
33. Security, defence and international relations
34. Conclusiveness of certain decisions pursuant to sections 32 and 33
35. Information obtained in confidence
36. Commercially sensitive information
38. Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies
39. Research and natural resources
40. Financial and economic interests of the State
41. Enactments relating to non-disclosure of records
Restriction of Act
The Information Commissioner
43. Continuance of office of Information Commissioner
44. Review of operation of Act and investigations by Commissioner
46. Publication of commentaries by Commissioner on practical application, etc., of Act
Miscellaneous
48. Code of practice and guidelines
49. Immunity from legal proceedings
50. Amendment of Central Bank Act 1942
51. Amendment of Official Secrets Act 1963
Partially Included Agencies
Exempt Agencies
The Information Commissioner
Enactments Excluded from Application of Section 41
Statutes
Statutory Instruments
Repeals
Statutes
Statutory Instruments
Statutory Instruments Continuing in Force
Acts Referred to
Adoption Act 2010 (No. 21)
Agriculture (Research, Training and Advice) Act 1988 (No. 18)
Air Navigation and Transport (Amendment) Act 1998 (No. 24)
Air Pollution Act 1987 (No. 6)
An Bord Bia Act 1994 (No. 22)
Arts Act 2003 (No. 24)
Aviation Regulation Act 2001 (No. 1)
Central Bank Act 1942 (No. 22)
Central Bank and Credit Institutions (Resolution) Act 2011 (No. 27)
Children Act 2001 (No. 24)
Civil Law (Miscellaneous Provisions) Act 2011 (No. 23)
Civil Registration Act 2004 (No. 3)
Civil Service Regulation Act 1956 (No. 46)
Civil Service Regulation Acts 1956 to 2005
Comhairle Act 2000 (No. 1)
Commission To Inquire Into Child Abuse Act 2000 (No. 7)
Commissions of Investigation Act 2004 (No. 23)
Communications (Retention of Data) Act 2011 (No. 3)
Communications Regulation Act 2002 (No. 20)
Companies Acts
Comptroller and Auditor General Acts 1923 to 1993
Consumer Protection Act 2007 (No. 19)
Copyright and Related Rights Act 2000 (No. 28)
Coroners Act 1962 (No. 9)
Credit Reporting Act 2013 (No. 45)
Criminal Justice (Location of Victims’ Remains) Act 1999 (No. 9)
Criminal Justice (Surveillance) Act 2009 (No. 19)
Criminal Justice (Terrorist Offences) Act 2005 (No. 2)
Criminal Law (Insanity) Act 2006 (No. 11)
Data Protection Act 1988 (No. 25)
Data Protection Acts 1988 and 2003
Defence Act 1954 (No. 18)
Dentists Act 1985 (No. 9)
Digital Hub Development Agency Act 2003 (No. 23)
Dublin Transport Authority Act 2008 (No. 15)
Education Act 1998 (No. 51)
Electricity Regulation Act 1999 (No. 23)
Employment Equality Acts 1998 to 2011
Environmental Protection Agency Act 1992 (No. 7)
Equal Status Acts 2000 to 2012
European Parliament Elections Act 1997 (No. 2)
Exchequer and Audit Department Acts 1866 and 1921
Family Support Agency Act 2001 (No. 54)
Food Safety Authority of Ireland Act 1998 (No. 29)
Forestry Act 1988 (No. 26)
Freedom of Information (Amendment) Act 2003 (No. 9)
Freedom of Information Act 1997 (No. 13)
Garda Síochána Act 2005 (No. 20)
Gas (Interim) (Regulation) Act 2002 (No. 10)
Gas Act 1976 (No. 30)
Harbours Act 1996 (No. 11)
Health (Repayment Scheme) Act 2006 (No. 17)
Health Act 1947 (No. 28)
Health Act 2004 (No. 42)
Health Act 2007 (No. 23)
Health Insurance Act 1994 (No. 16)
Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33)
Housing (Miscellaneous Provisions) Act 2002 (No. 9)
Independent Monitoring Commission Act 2003 (No. 40)
Industrial Development Act 1986 (No. 9)
Industrial Development Act 1993 (No. 19)
Industrial Relations Act 1946 (No. 26)
Industrial Relations Act 1969 (No. 14)
Industrial Relations Act 1990 (No. 19)
Industrial Relations Acts 1946 to 2012
Inland Fisheries Act 2010 (No. 10)
Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (No. 10)
Interpretation Act 2005 (No. 23)
Irish Aviation Authority Act 1993 (No. 29)
Irish Film Board Act 1980 (No. 36)
Irish Horseracing Industry Act 1994 (No. 18)
Irish Medicines Board Act 1995 (No. 29)
Labour Services Act 1987 (No. 15)
Legal Services Ombudsman Act 2009 (No. 8)
Local Authorities (Officers and Employees) Act 1926 (No. 39)
Local Government Act 2001 (No. 37)
Marine Institute Act 1991 (No. 2)
Medical Practitioners Act 2007 (No. 25)
Milk (Regulation of Supply) Act 1994 (No. 25)
Ministers and Secretaries Act 1924 (No. 16)
National Archives Act 1986 (No. 11)
National Economic and Social Development Office Act 2006 (No. 21)
National Lottery Act 1986 (No. 28)
National Oil Reserves Agency Act 2007 (No. 7)
National Sports Campus Development Authority Act 2006 (No. 19)
National Tourism Development Authority Act 2003 (No. 10)
National Treasury Management Agency (Amendment) Act 2000 (No. 39)
National Treasury Management Agency Act 1990 (No. 18)
Nurses and Midwives Act 2011 (No. 41)
Offences Against the State Act 1939 (No. 13)
Offences against the State Acts 1939 to 1998
Official Secrets Act 1963 (No. 1)
Ombudsman (Defence Forces) Act 2004 (No. 36)
Ombudsman Act 1980 (No. 26)
Ombudsman Acts 1980 to 2012
Ombudsman for Children Act 2002 (No. 22)
Ordnance Survey Ireland Act 2001 (No. 43)
Organisation of Working Time Act 1997 (No. 20)
Pensions (Amendment) Act 2002) (No. 18)
Pensions Act 1990 (No. 25)
Pensions Acts 1990 to 2012
Personal Insolvency Act 2012 (No. 44)
Petty Sessions (Ireland) Act 1851 (4 & 5 Vict., c. 93)
Postal and Telecommunications Services Act 1983 (No. 24)
Prisons Acts 1826 to 2007
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Radiological Protection Act 1991 (No. 9)
Railway Safety Act 2005 (No. 31)
Residential Institutions Redress Act 2002 (No. 13)
Road Safety Authority Act 2006 (No. 14)
Road Traffic Acts 1961 to 2014
Roads Act 1993 (No. 14)
Safety, Health and Welfare at Work Act 2005 (No. 10)
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)
Social Welfare Acts
State Authorities (Public Private Partnership Arrangements) Act 2002 (No. 1)
Taxes Consolidation Act 1997 (No. 39)
Transport (Railway Infrastructure) Act 2001 (No. 55)
Transport (Re-organisation of Córas Iompair Éireann) Act 1986 (No. 31)
Tribunals of Inquiry (Evidence) Act 1921 (11 & 12 Geo. 5, c. 7)
Údarás na Gaeltachta Act 1979 (No. 5)
Veterinary Practice Act 2005 (No. 22)
Number 30 of 2014
FREEDOM OF INFORMATION ACT 2014
REVISED
Updated to 1 January 2023
An Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies, other bodies in receipt of funding from the State and certain other bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected and, accordingly, to provide for a right of access to records held by such bodies, for necessary exceptions to that right and for assistance to persons to enable them to exercise it, to provide for the independent review both of decisions of such 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 continuance of the office of Information Commissioner and to define its functions, to provide for the publication by such bodies of certain information about them relevant to the purposes of this Act, to repeal the Freedom of Information Act 1997 and the Freedom of Information (Amendment) Act 2003, to amend the Central Bank Act 1942, to amend the Official Secrets Act 1963, to repeal certain other enactments, and to provide for related matters. [14th October, 2014]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: application of Act restricted by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 98(14), to come into effect effect as per reg. 1(2).
Information request to undertakings
98. ...
(14) Where the Regulator or another competent authority receives information classified as confidential from the European Commission or from a national regulatory authority or competent authority of another Member State under Article 20 of the Directive and the Regulator or the other competent authority is satisfied that such information is so classified in accordance with rules of commercial confidentiality of the European Union or of the Member State from which the information originated, as the case may be, they shall protect the confidentiality of such information. The Freedom of Information Act 2014 shall not apply to such information.
...
C2
Application of Act restricted (16.12.2019) by Judicial Council Act 2019 (33/2019), s. 94, S.I. No. 640 of 2019.
Restriction of Freedom of Information Act 2014
94. (1) Without prejudice to the exemption for records held by the courts, the Freedom of Information Act 2014 shall not apply to a record relating to the making or investigation, or the resolution by informal means, of a complaint under Part 5 or an investigation pursuant to a referral under section 59 unless—
(a) the record was created before the making of the complaint or the initiation of the investigation under section 59, as the case may be, or
(b) the record relates to the expenses of the Judicial Conduct Committee or a member thereof or a panel of inquiry or a member thereof or other matters concerning the general administration of that Committee or a panel of inquiry.
...