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13 1997

FREEDOM OF INFORMATION ACT, 1997

PART II

Access to Records

Right of access to records.

6. —(1) Subject to the provisions of this Act, every person has a right to and shall, on request therefor, be offered access to any record held by a public body and the right so conferred is referred to in this Act as the right of access.

(2) It shall be the duty of a public body to give reasonable assistance to a person who is seeking a record under this Act—

(a) in relation to the making of the request under section 7 for access to the record, and

(b) if the person has a disability, so as to facilitate the exercise by the person of his or her rights under this Act.

(3) The Minister shall, after consultation with such other (if any) Ministers of the Government as he or she considers appropriate, draw up and publish to public bodies guidelines in relation to compliance by public bodies with subsection (2)(b), and public bodies shall have regard to any such guidelines.

(4) The records referred to in subsection (1) are records created after the commencement of this Act and—

(a) records created during such period (if any), or after such time (if any), before the commencement of this Act, and

(b) records created before such commencement and relating to such particular matters (if any), and

(c) records created during such period (if any) and relating to such particular matters (if any),

as may be prescribed, after consultation with such Ministers of the Government as the Minister considers appropriate.

(5) Notwithstanding subsections (1) and (4) but subject to subsection (6), where—

(a) access to records created before the commencement of this Act is necessary or expedient in order to understand records created after such commencement, or

(b) records created before such commencement relate to personal information about the person seeking access to them,

subsection (1) shall be construed as conferring the right of access in respect of those records.

(6) Subsection (5) shall not be construed as applying, in relation to an individual who is a member of the staff of a public body, the right of access to a record held by a public body that—

(a) is a personnel record, that is to say, a record relating wholly or mainly to one or more of the following, that is to say, the competence or ability of the individual in his or her capacity as a member of the staff of a public body or his or her employment or employment history or an evaluation of the performance of his or her functions generally or a particular such function as such member,

(b) was created more than 3 years before the commencement of this Act, and

(c) is not being used or proposed to be used in a manner or for a purpose that affects, or will or may affect, adversely the interests of the person.

(7) Nothing in this section shall be construed as applying the right of access to an exempt record.

(8) Nothing in this Act shall be construed as prohibiting or restricting a public body from publishing or giving access to a record (including an exempt record) otherwise than under this Act where such publication or giving of access is not prohibited by law.

(9) A record in the possession of a person who is or was providing a service for a public body under a contract for services shall, if and in so far as it relates to the service, be deemed for the purposes of this Act to be held by the body, and there shall be deemed to be included in the contract a provision that the person shall, if so requested by the body for the purposes of this Act, give the record to the body for retention by it for such period as is reasonable in the particular circumstances.

(10) Where a request under section 7 would fall to be granted by virtue of subsection (9) but for the fact that it relates to a record that contains, with the matter relating to the service concerned, other matter, the head of the public body concerned shall, if it is practicable to do so, prepare a copy, in such form as he or she considers appropriate of so much of the record as does not consist of the other matter aforesaid and the request shall be granted by offering the requester access to the copy.

Requests for access to records.

7. —(1) A person who wishes to exercise the right of access shall make a request, in writing or in such other form as may be determined, addressed to the head of the public body concerned for access to the record concerned—

(a) stating that the request is made under this Act,

(b) containing sufficient particulars in relation to the information concerned to enable the record to be identified by the taking of reasonable steps, and

(c) if the person requires such access to be given in a particular form or manner (being a form or manner referred to in section 12 ), specifying the form or manner of access.

(2) The head shall cause the receipt by him or her of a request under subsection (1) to be notified, in writing or in such other form as may be determined, to the requester concerned as soon as may be but not later than 2 weeks after such receipt, and the notification shall include a summary of the provisions of section 41 and particulars of the rights of review under this Act, the procedure governing the exercise of those rights, and the time limits governing such exercise, in a case to which that section applies.

(3) Where a request under this section is received by the head of a public body (“the head”) and the record or records concerned is or are not held by the body (“the first-mentioned body”) but, to the knowledge of the head, is or are held by one or more other public bodies, the head shall, as soon as may be, but not more than 2 weeks, after the receipt of the request, cause a copy of the request to be given to the head of the other body or, as the case may be, to the head of that one of the other bodies—

(a) whose functions are, in the opinion of the head, most closely related to the subject matter of the record or records, or

(b) that, in the opinion of the head, is otherwise most appropriate,

and inform the requester concerned, by notice in writing or in such other form as may be determined, of his or her having done so and thereupon—

(i) the head to whom the copy aforesaid is furnished shall be deemed, for the purposes of this Act, to have received the request under this section and to have received it at the time of the receipt by him or her of the copy, and

(ii) the head shall be deemed, for the purposes of this Act, not to have received the request.

(4) Where a request under this section relating to more than one record is received by the head of a public body (“the first-mentioned body”) and one or more than one (but not all) of the records concerned is or are held by the body, the head shall inform the requester concerned, by notice in writing or in such other form as may be determined, of the names of any other public body that, to his or her knowledge, holds any of the records.

(5) The Minister shall, after consultation with the Commissioner, draw up and publish to heads guidelines for the purposes of subsection (3) and (4) and heads shall have regard to any such guidelines.

(6) A person shall be deemed to have the knowledge referred to in subsection (3) and (4) if, by the taking of reasonable steps, he or she could obtain that knowledge.

(7) Where—

(a) a person makes a request for information, or a request for access to a record, to a public body or to a head or a director, or member of the staff, of a public body, other than under and in accordance with this Act, and

(b) it is not or may not be possible to give the information, or make available the record, other than pursuant to a request in relation to it under and in accordance with section 7 ,

the head shall, if appropriate, cause the person to be informed of the right of access and shall assist, or offer to assist, the person in the preparation of such a request.

Decisions on requests under section 7 and notification of decisions.

8. —(1) Subject to the provisions of this Act, a head shall, as soon as may be, but not later than 4 weeks, after the receipt of a request under section 7

(a) decide whether to grant or refuse to grant the request or to grant it in part,

(b) if he or she decides to grant the request, whether wholly or in part, determine the form and manner in which the right of access will be exercised, and

(c) cause notice, in writing or in such other form as may be determined, of the decision and determination to be given to the requester concerned.

(2) A notice under subsection (1) shall specify—

(a) the decision under that subsection concerned and the day on which it was made,

(b) unless the head concerned reasonably believes that their disclosure could prejudice the safety or well-being of the person concerned, the name and designation of the person in the public body concerned who is dealing with the request,

(c) if the request aforesaid is granted, whether wholly or in part—

(i) the day on which, and the form and manner in which, access to the record concerned will be offered to the requester concerned and the period during which the record will be kept available for the purpose of such access, and

(ii) the amount of any fee under section 47 payable by the requester in respect of the grant of the request,

(d) if the request aforesaid is refused, whether wholly or in part—

(i) the reasons for the refusal, and

(ii) unless the refusal is pursuant to section 19 (5), 22 (2), 23 (2) or 24 (3), any provision of this Act pursuant to which the request is refused and the findings on any material issues relevant to the decision and particulars of any matter relating to the public interest taken into consideration for the purposes of the decision,

(e) if the giving of access to the record is deferred under section 11 , the reasons for the deferral and the period of the deferral, and

(f) particulars of rights of review and appeal under this Act in relation to the decision under subsection (1) and any other decision referred to in the notice, the procedure governing the exercise of those rights and the time limits governing such exercise.

(3) Subject to the provisions of this Act, where a request is granted under subsection (1)

(a) if—

(i) a fee is not charged under section 47 in respect of the matter,

(ii) a deposit under that section has been paid and a fee under that section is charged and the amount of the deposit equals or exceeds the amount of the fee, or

(iii) such a deposit has been paid but such a fee is not charged,

access to the record concerned shall be offered to the requester concerned forthwith and the record shall be kept available for the purpose of such access for a period of 4 weeks thereafter, and

(b) if a fee is so charged, access to the record concerned shall be offered to the requester concerned as soon as may be, but not more than one week, after the day on which the fee is received by the public body concerned, and the record shall be kept available for the purpose of such access until—

(i) the expiration of the period of 4 weeks from such receipt, or

(ii) the expiration of the period of 8 weeks from the receipt by the requester concerned of the notice under subsection (1) concerned,

whichever is the earlier.

(4) In deciding whether to grant or refuse to grant a request under section 7

(a) any reason that the requester gives for the request, and

(b) any belief or opinion of the head as to what are the reasons of the requester for the request,

shall be disregarded.

(5) This section shall not be construed as requiring the inclusion in a notice under subsection (1) of matter that, if it were included in a record, would cause the record to be an exempt record.

(6) References in this section to the grant of a request under section 7 include references to such a grant pursuant to section 13 .

Extension of time for consideration of requests under section 7 .

9. —(1) The head may, as respects a request under section 7 received by him or her (“the specified request”), extend the period specified in section 8 (1) for consideration of the request by such period as he or she considers necessary but not exceeding a period of 4 weeks if in the opinion of the head—

(a) the request relates to such number of records, or

(b) the number of other requests under section 7 relating either to the record or records to which the specified request relates or to information corresponding to that to which the specified request relates or to both that have been made to the public body concerned before the specified request was made to it and in relation to which a decision under section 8 has not been made is such,

that compliance with that subsection within the period specified therein is not reasonably possible.

(2) Where a period is extended under this section, the head concerned shall cause notice in writing or in such other form as may be determined, to be given to the requester concerned, before the expiration of the period, of the extension and the period thereof and reasons therefor.

(3) The reference in section 8 (1) to 4 weeks shall be construed in accordance with any extension under this section of that period.

Refusal on administrative grounds to grant requests under section 7 .

10. —(1) A head to whom a request under section 7 is made may refuse to grant the request if—

(a) the record concerned does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken,

(b) the request does not comply with section 7 (1) (b),

(c) in the opinion of the head, granting the request would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the retrieval and examination of such number of records or an examination of such kind of the records concerned as to cause a substantial and unreasonable interference with or disruption of the other work of the public body concerned,

(d) publication of the record is required by law and is intended to be effected not later than 12 weeks after the receipt of the request by the head,

(e) the request is, in the opinion of the head, frivolous or vexatious, or

(f) a fee or deposit payable under section 47 has not been paid.

(2) A head shall not refuse, pursuant to paragraph (b) or (c) of subsection (1), to grant a request under section 7 unless he or she has assisted, or offered to assist, the requester concerned in an endeavour so to amend the request that it no longer falls within that paragraph.

Deferral of access to records.

11. —(1) Where a request is made under section 7 , and—

(a) the record concerned was prepared solely for the information of either or both of the Houses of the Oireachtas or a committee of either or both of such Houses and copies of the record are intended to be laid before either or both of such Houses or given to such a committee or otherwise published to members of either or both of such Houses or such a committee on a day falling within a reasonable period after the receipt by the head concerned of the request (“the specified day”), or

(b) information contained in the record concerned falls within paragraph (b), (d) or (e) of section 20 (2) and the giving of access to the record on or before a particular day (“the specified day”) would, in the opinion of the head concerned, be contrary to the public interest, or

(c) the record concerned is held by a public body, being a Department of State or the Office of the Tánaiste and the Minister of the Government in whom functions in relation to the public body are vested considers that the record or part thereof or any matter to which it relates is of such interest to the public generally that he or she intends to inform either or both of the Houses of the Oireachtas of the contents of the record or part or of the matter or otherwise to publish the contents of the record or part or information relating to the matter on a day not later than one week after the appropriate time specified in section 8 (3) (“the specified day”),

the head concerned may defer the offering of access to the record to the requester concerned until the day immediately after the specified day.

(2) Section 8 (3) shall be construed and have effect in relation to a case in which the offering of access to a record is deferred under this section as if—

(a) paragraph (a) thereof required access to the record to be offered to the requester concerned forthwith upon the expiration of the period of the deferral and the record to be kept available for the purpose of such access for a period of 4 weeks thereafter, and

(b) paragraph (b) thereof required access to the record to be offered to the requester as soon as may be, but not more than one week, after—

(i) the expiration of the period of the deferral, or

(ii) the day on which the fee under section 47 concerned is received by the public body concerned,

whichever is the later and the record to be kept available for the purpose of such access until—

(I) the expiration of the period of 4 weeks from such receipt, or

(II) the expiration of the period of 4 weeks from the expiration of the period of the deferral,

whichever is the later.

Manner of access to records.

12. —(1) A head may give access under this Act to a record by providing the requester with—

(a) a copy of the record,

(b) a transcript of the information concerned,

(c) a computer disk or other electronic device containing the information,

(d) a reasonable opportunity to inspect the record,

(e) in case the record is of sound or visual images, a reasonable opportunity to hear or view the record,

(f) in case the information is in shorthand or other code, the information in decodified form and in written form or such other form as may be determined,

(g) the information in such other form or manner as may be determined, or

(h) the information in a combination of any two or more of the foregoing.

(2) Where a head decides to grant a request under section 7 and the request is for access in a particular form or manner to a record, such access shall be given in that form or manner unless the head concerned is satisfied—

(a) that such access in another form or manner specified in or determined under subsection (1) would be significantly more efficient, or

(b) that the giving of access in the form or manner requested would—

(i) be physically detrimental to the record,

(ii) involve an infringement of copyright (other than copyright owned by the State, the Government or the public body concerned),

(iii) conflict with a legal duty or obligation of a public body, or

(iv) prejudice, impair or damage any interest protected by Part III or section 46 .

(3) Where a head decides to grant a request under section 7 but not to give access to the record concerned in the form or manner specified in the request, he or she shall give such access—

(a) if the case is one to which paragraph (a) of subsection (2) applies, in the appropriate form or manner having regard to that paragraph, and

(b) if the case is one to which paragraph (b) of that subsection applies, in such other form or manner specified in or determined under subsection (1) as may be agreed by the head and the requester or, if those persons are unable to agree upon such a form, in such form specified in subsection (1) as the head considers appropriate.

Access to parts of records.

13. —(1) Where a request under section 7 would fall to be granted but for the fact that it relates to a record that is an exempt record, by reason of the inclusion in it, with other matter, of particular matter, the head of the public body concerned, shall, if it is practicable to do so, prepare a copy, in such form as he or she considers appropriate, of so much of the record as does not consist of the particular matter aforesaid and the request shall be granted by offering the requester access to the copy.

(2) Subsection (1) shall not apply in relation to a record if the copy provided for thereby would be misleading.

(3) Where a requester is offered access to a copy of part of a record under this section, then (unless the record is one to which section 19 (5), 22 (2), 23 (2) or 24 (3) applies), the notice under section 8 (1) concerned shall specify that such access is offered pursuant to this section and that the copy does not purport to be a copy of the complete record to which the request under section 7 relates and shall also specify the nature of the matter contained in the record by virtue of which subsection (1) applies to the record.

Review by heads of decisions.

14. —(1) This section applies to a decision made pursuant to this Act by a person to whom the function concerned stood delegated at the time of the making of the decision, being—

(a) a decision to refuse to grant a request under section 7 , whether wholly or in part, (other than a request to which section 29 applies) (“a request”) in relation to the record concerned,

(b) a decision under section 11 to defer the offering of access to a record falling within paragraph (a) of subsection (1) of that section,

(c) a decision under section 12 to grant a request by giving access to the record concerned in a form other than that specified in the request,

(d) a decision under section 13 to grant a request under section 7 by offering the requester concerned access to a copy of part only of the record concerned,

(e) a decision under section 17 to refuse to amend a record,

(f) a decision under section 18 in relation to the contents of a statement furnished under subsection (1) of that section or to refuse an application under that subsection, or

(g) a decision to charge a fee or deposit, or a fee or deposit of a particular amount, under section 47 .

(2) Subject to the provisions of this section, the head of the public body concerned, on application to him or her in that behalf, in writing or in such other form as may be determined, by a relevant person—

(a) may review a decision to which this section applies, and

(b) following the review, may, as he or she considers appropriate—

(i) affirm or vary the decision, or

(ii) annul the decision and, if appropriate, make such decision in relation to the matter as he or she considers proper,

in accordance with this Act.

(3) A person to whom a function under this section stands delegated under section 4 shall not perform that function in relation to a decision to which this section applies that was made by a member of the staff of the public body concerned whose rank is the same as or higher than that of the person aforesaid.

(4) A decision under subsection (2) shall be made, and the head concerned shall cause notice thereof, in writing or in such other form as may be determined, to be given to the relevant person and any other person whom he or she considers should be notified thereof, not later than 3 weeks after the receipt by the head of the application for the review under that subsection concerned.

(5) A notice under subsection (4) shall specify—

(a) the day on which the decision concerned under that subsection was made,

(b) if the decision is to grant, in whole or in part, the request under section 7 concerned, the information referred to in section 8 (2) (c),

(c) if the decision is to refuse to grant, wholly or in part, the request aforesaid, the information specified in subparagraph (i) of paragraph (d) of section 8 (2) and, if the refusal is not pursuant to section 10 (1) (c), 19 (5), 22 (2), 23 (2), or 24 (3), the information specified in subparagraph (ii) of that paragraph,

(d) if the decision is to defer the giving of access to the record concerned, the reasons for the deferral and the period of the deferral,

(e) if the decision is a decision referred to in paragraph (c), (d), (e), (f) or (g) of subsection (1), the reasons for the decision, and

(f) particulars of the rights of review and appeal under this Act in relation to the decision, the procedure governing the exercise of those rights and the time limits governing such exercise.

(6) This section shall not be construed as requiring the inclusion in a notice under subsection (4) of matter that, if it were included in a record, would cause the record to be an exempt record.

(7) An application under subsection (2) shall be made not later than 4 weeks after the notification under this Act of the decision concerned to the relevant person concerned or, in a case in which the head concerned is of the opinion that there are reasonable grounds for extending that period, the expiration of such longer period as he or she may determine.

(8) The relevant person concerned may, at any time before the making of a decision under subsection (2) following the review concerned, by notice in writing or in such other form as may be determined, given to the head concerned, withdraw the application concerned under that subsection.

(9) Subsection (3) of section 8 shall apply in relation to a case where a decision under subsection (2) is to grant a request under section 7 or to annul or vary a deferral under section 11 with the modification that the reference in the said subsection (3) to the grant of a request under subsection (1) of section 8 shall be construed as a reference to the making of the decision under subsection (2).

(10) Subject to the provisions of this Act, a decision under subsection (2) shall—

(a) in so far as it is inconsistent with the decision to which this section applies concerned, have effect in lieu thereof, and

(b) be binding on the parties concerned.

(11) In this section “relevant person”, in relation to a decision to which this section applies, means—

(a) the requester concerned, or

(b) if the decision is under section 17 or 18 , the person who made the application concerned.

Publication of information about public bodies.

15. —(1) A public body shall cause to be prepared and published and to be made available in accordance with subsection (7) a reference book containing—

(a) a general description of its structure and organisation, functions, powers and duties, any services it provides for the public and the procedures by which any such services may be availed of by the public,

(b) a general description of the classes of records held by it, giving such particulars as are reasonably necessary to facilitate the exercise of the right of access,

(c) a general description of the matters referred to in paragraphs (a) and (b) of section 16 (1),

(d) the arrangements made by the body—

(i) to enable a person to obtain access to records held by the body,

(ii) to enable an individual to apply for the amendment of any such records that relate to personal information in respect of the individual, and

(iii) to enable a person to whom section 18 (1) applies to obtain the information specified therein,

(e) the names and designations of the members of the staff of the body responsible for carrying out the arrangements aforesaid (unless the head of the body reasonably believes that publication of that information could threaten the physical safety or well-being of the persons),

(f) the address or addresses at which requests under section 7 or applications under section 17 or 18 should be given,

(g) appropriate information concerning—

(i) any rights of review or appeal in respect of decisions made by the body (including rights of review and appeal under this Act), and

(ii) the procedure governing the exercise of those rights and any time limits governing such exercise,

(h) any other information that the head of the body considers relevant for the purpose of facilitating the exercise of the right of access, and

(i) information in relation to such other matters (if any) as may be prescribed.

(2) A reference book prepared under subsection (1) shall be made available in accordance with subsection (7)

(a) in case the body concerned is a body specified in paragraph 1 (other than subparagraph (3), (4) and (5)) of the First Schedule , upon the commencement of this Act,

(b) in case the body is a local authority, upon the commencement of the said subparagraph (3),

(c) in case the body is a health board, upon the commencement of the said subparagraph (4), and

(d) in case the body is a body standing prescribed under section 3 for the purposes of the said subparagraph (5), upon such prescription,

and thereafter a version, appropriately revised, of the book shall be prepared and published and shall be made available as aforesaid by the body not less frequently than 3 years after the latest such book was so made available by the body and as soon as may be after any significant alterations or additions fall to be made in or to the latest such book so made available.

(3) In preparing a reference book under subsection (1), a public body shall have regard to the fact that the purpose of the book is to assist members of the public in ascertaining and exercising their rights under this Act.

(4) At the time of the publication of a reference book under subsection (1) or (2), the body concerned shall furnish to the Minister a summary thereof and the Minister shall cause the summaries furnished to him or her under this subsection to be collated and shall cause a reference book containing the summaries as so collated to be published and to be made available in accordance with subsection (7) not later than 15 months after the commencement of this Act and thereafter not less frequently than 3 years after the latest such book is published and so made available and as soon as may be after any significant alterations or additions fall to be made in or to the latest such book so made available.

(5) The Minister shall ensure that appropriate measures are taken by public bodies, as respects training of staff, organisational arrangements and such other matters as the Minister considers appropriate, for the purpose of facilitating compliance by the bodies with this Act and, without prejudice to the generality of paragraph (b) of section 3 (1), may, by regulations made under that paragraph after consultation with the Commissioner and the Director of the National Archives (within the meaning of the National Archives Act, 1986 ), make provision for the management and maintenance of records held by public bodies.

(6) (a) As soon as may be after the end of a period specified in paragraph (d), the Minister shall prepare a report in writing of the measures taken by public bodies pursuant to subsection (5) during that period.

(b) A report under this subsection shall include a report of any measures taken by a public body during the period to which the report relates consequent upon a report under section 36 (4).

(c) The Minister shall cause a copy of a report under this subsection to be furnished as soon as may be to the committee (within the meaning of section 32 ).

(d) The periods referred to in paragraph (a) are:

(i) the period of 3 months beginning on the commencement of this Act, and

(ii) the period of 12 months beginning on the expiration of the period aforesaid and each subsequent period of 12 months beginning on the expiration of the period of 12 months immediately preceding.

(7) A book referred to in subsection (1), (2) or (4) shall be made available for inspection free of charge, and for removal free of charge or, at the discretion of the head concerned or the Minister, as may be appropriate, for purchase, at such places as the head or, as may be appropriate, the Minister may determine and the head or the Minister, as may be appropriate, shall cause notice of those places to be published in such manner as he or she considers adequate for the purposes of this section and, if the book relates to a local authority or a health board, a copy of it shall be given to each member of the authority or board.

(8) Subsection (1) does not apply to any matter by reason of which a record in which it is included is an exempt record.

Publication of information regarding rules and practices in relation to certain decisions by public bodies.

16. —(1) A public body shall cause to be prepared and published and to be made available in accordance with subsection (5)

(a) the rules, procedures, practices, guidelines and interpretations used by the body, and an index of any precedents kept by the body, for the purposes of decisions, determinations or recommendations, under or for the purposes of any enactment or scheme administered by the body with respect to rights, privileges, benefits, obligations, penalties or other sanctions to which members of the public are or may be entitled or subject under the enactment or scheme, and

(b) appropriate information in relation to the manner or intended manner of administration of any such enactment or scheme.

(2) A publication prepared under subsection (1) shall be made available in accordance with subsection (5)

(a) in case the body concerned is a body specified in paragraph 1 (other than subparagraph (3), (4) or (5)) of the First Schedule , upon the commencement of this Act,

(b) in case the body is a local authority, upon the commencement of the said subparagraph (3),

(c) in case the body is a health board, upon the commencement of the said subparagraph (4), and

(d) in case the body is a body standing prescribed under section 3 for the purposes of the said subparagraph (5), upon such prescription,

and thereafter a version, appropriately revised, of the publication shall be prepared and published and shall be made available as aforesaid by the body not less frequently than 3 years after the latest such publication was so made available by the body and as soon as may be after any significant alterations or additions fall to be made in or to the latest such publication so made available.

(3) If the material specified in paragraph (a) of subsection (1) is not published and made available in accordance with this section or the material so published and purporting to be the material aforesaid is incomplete or inaccurate and a person shows—

(a) that he or she was not aware of a rule, procedure, practice, guideline, interpretation or precedent referred to in subsection (1) (a) (“the rule”) or of a particular requirement of the rule, and

(b) that, but for such non-publication, non-availability, incompleteness or incorrectness, as the case may be, he or she would have been so aware,

the public body concerned shall, if and in so far as it is practicable to do so, ensure that the person is not subjected to any prejudice (not being a penalty imposed by a court upon conviction of an offence) by reason only of the application of the rule or requirement if the person could lawfully have avoided that prejudice if he or she had been aware of the rule or requirement.

(4) Subsection (3) shall not apply in a case where the public body concerned shows that reasonable steps were taken by it to bring the rule or requirement concerned to the notice of those affected by it.

(5) A publication referred to in subsection (1) or (2) shall be made available for inspection free of charge, and for removal free of charge or, at the discretion of the head concerned, for purchase, at such places as the head concerned may determine and the head shall cause notice of those places to be published in such manner as he or she considers adequate for the purposes of this section and if the publication relates to a local authority or a health board, a copy of it shall be given to each member of the authority or board.

(6) A precedent referred to in an index specified in subsection (1) shall, on request therefor to the public body concerned, be made available to the person concerned in accordance with subsection (5).

(7) Subsection (1) does not apply to any matter by reason of which a record in which it is included is an exempt record.

Amendment of records relating to personal information.

17. —(1) Where personal information in a record held by a public body is incomplete, incorrect or misleading, the head of the body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by the individual to whom the information relates, amend the record—

(i) by altering it so as to make the information complete or correct or not misleading, as may be appropriate,

(ii) by adding to the record a statement specifying the respects in which the body is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate, or

(iii) by deleting the information from it.

(2) An application under subsection (1) shall, in so far as is practicable—

(a) specify the record concerned and the amendment required, and

(b) include appropriate information in support of the application.

(3) The head concerned shall, as soon as may be, but not later than 4 weeks, after the receipt by him or her of an application under subsection (1), decide whether to grant or refuse to grant the application and shall cause notice, in writing or in such other form as may be determined, of his or her decision and, if the decision is to grant it, of the manner of such grant to be given to the person concerned.

(4) (a) If the grant of an application under subsection (1) is refused, the head concerned shall—

(i) attach to the record concerned the application or a copy of it or, if that is not practicable, a notation indicating that the application has been made, and

(ii) include in the notification under subsection (3) particulars of—

(I) rights of review and appeal under this Act in relation to the decision to refuse to grant the application, and

(II) the procedure governing the exercise of those rights and any time limits governing such exercise.

(b) Paragraph (a)(i) does not apply in relation to a case in which the head concerned is of opinion that the application concerned is defamatory or the alterations or additions to which it relates to the record concerned would be unnecessarily voluminous.

(5) Where a record is amended pursuant to this section, the public body concerned shall take all reasonable steps to notify of the amendment—

(a) any person to whom access to the record was granted under this Act, and

(b) any other public body to whom a copy of the record was given,

during the period of one year ending on the date on which the amendment was effected.

Right of person to information regarding acts of public bodies affecting the person.

18. —(1) The head of a public body shall, on application to him or her in that behalf, in writing or in such other form as may be determined, by a person who is affected by an act of the body and has a material interest in a matter affected by the act or to which it relates, not later than 4 weeks after the receipt of the application, cause a statement, in writing or in such other form as may be determined, to be given to the person—

(a) of the reasons for the act, and

(b) of any findings on any material issues of fact made for the purposes of the act.

(2) Nothing in this section shall be construed as requiring—

(a) the giving to a person of information contained in an exempt record, or

(b) the disclosure of the existence or non-existence of a record if the non-disclosure of its existence or non-existence is required by this Act.

(3) Subsection (1) shall not apply to—

(a) a decision of the Civil Service Commissioners pursuant to subparagraph (d) or (e) of section 17 (1) of the Civil Service Commissioners Act, 1956 , not to accept a person as qualified for a position referred to in that section, or

(b) a decision of the Local Appointments Commissioners made by virtue of section 7 (3) of the Local Authorities (Officers and Employees) Act, 1926 , not to recommend a person to a local authority for appointment to an office referred to in that section,

if, in the opinion of the head concerned, the giving of a statement under subsection (1) in relation to the decision would be likely to prejudice the effectiveness of the process for selecting a person for appointment to the position or office.

(4) If, pursuant to subsection (2) or (3), the head of a public body decides not to cause a statement to be given under subsection (1) to a person, the head shall, not later than 4 weeks after the receipt of the application concerned under subsection (1), cause notice, in writing or in such other form as may be determined, of the decision to be given to the person.

(5) For the purposes of this section a person has a material interest in a matter affected by an act of a public body or to which such an act relates if the consequence or effect of the act may be to confer on or withhold from the person a benefit without also conferring it on or withholding it from persons in general or a class of persons which is of significant size having regard to all the circumstances and of which the person is a member.

(6) In this section—

act”, in relation to a public body, includes a decision (other than a decision under this Act) of the body;

benefit”, in relation to a person, includes—

(a) any advantage to the person,

(b) in respect of an act of a public body done at the request of the person, any consequence or effect thereof relating to the person, and

(c) the avoidance of a loss, liability, penalty, forfeiture, punishment or other disadvantage affecting the person.