Freedom of Information (FOI) Request - Rights of Review and Appeal

Internal Review

You may seek internal review of the initial decision if:

1. you are dissatisfied with the initial response received e.g. refusal of information, form of access, charges, etc., or

2. the application has not received a reply within 4 weeks of your initial application. This is deemed to be a refusal of the request and allows the applicant to proceed to internal review.
The review is carried out by an official at a higher level. Requests for internal review should be submitted in writing to:

Ms. Ellen Morrin
Senior Administrative Officer,
An Bord Pleanála,
64 Marlborough Street,
Dublin 1.
Phone (01) 858 8100
Fax (01) 872 2684

Such a request for internal review must be submitted within four weeks of the initial decision. The internal review must be completed within three weeks. The internal review must normally be completed before an appeal may be made to the Information Commissioner.

• A standard fee of €30 must accompany an application for internal review under section 21.
• A reduced fee of €10 applies if the person bringing the application is a medical card holder or a dependant of a medical card holder.
• The following internal review applications are exempt:

1. an application in relation to a decision concerning records containing only personal information related to the applicant.

2. an application in relation to a decision under section 9 (right of amendment of records relating to personal information).

3. an application in relation to a decision under section 10 (right of person to information regarding acts of public bodies affecting the person).

4. an application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount.

Review by the Information Commissioner

Following completion of internal review, an applicant may seek an independent review of the decision from the Information Commissioner. Also, if you have not received a reply to your application for internal review within three weeks, this is deemed to be a refusal and an applicant may appeal the matter to the Commissioner.

Appeals in writing may be made to the Information Commissioner at the following address:

Officer of the Information Commissioner,
18 Lower Leeson Street,
Dublin 2.
Phone (01) 639 5689 or Lo-Call 1890 22 30 30
Fax (01) 661 0570 Web www.oic.ie

His or her findings will be binding, subject to appeal to the High Court on a point of law.

• A standard fee of €50 must accompany applications to the Information Commissioner for review of decisions made by public bodies under section 22.
• A reduced fee of €15 applies if

1. the person bringing the application is a medical card holder or a dependant of a medical card holder or

2. the person is specified in section 38(2) i.e. a third party with the right to apply directly to the Information Commissioner where a public body decides to release their information on public interest grounds.

• The following applications to the Information Commissioner are exempt:

1. an application concerning records containing only personal information related to the applicant.

2. an application in relation a decision under section 9 (right of amendment of records relating to personal information)

3. an application in relation to a decision under section 10 (right of person to information regarding acts of public bodies affecting the person).