Freedom of Information
In order to comply with the Freedom of Information Act 2014 (“FOI”), the BAI has to routinely publish information whenever possible. The BAI is required to publish a ‘Publication Scheme’ having regard to the public interest in:
- a) allowing public access to information held by the BAI;
- b) the publication of reasons for decisions made by the BAI under FOI; and,
- c) publishing information of relevance or interest to the general public in relation to the BAIs activities and functions generally.
In this regard, information is available on this site providing general information about the BAI, its functions and services, its decision-making procedures, its finances including procurement and other miscellaneous information.
Making A FOI Request
Requests for information under FOI must be made in writing and state that the information is sought under FOI. You should ensure that your request is sufficiently detailed to enable us to identify the records / information you are seeking. You should also include the format in which you wish to receive any records that may be released. You can contact us for advice prior to making your request.
FOI requests can be submitted by post or by e-mail and should be addressed to:
2 – 5 Warrington Place,
Dublin D02 XP29.
or e-mail: email@example.com
T: +353(1) 644 1200
Access to Information
The FOI Act is designed to allow public access to information held by the BAI which is NOT routinely available through other sources. Access to information under FOI is subject to certain exemptions and involves specific procedures and time limits. The following records come within the scope of the FOI Act:
- all records relating to personal information held by the BAI irrespective of when they were created
- all other records created from the commencement of the FOI Act (21st April 1998)
- any records necessary to the understanding of a current record even if created prior to 21st April 1998
- personnel records of serving staff created from 21st April, 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved.
However, recognising the requirement for the BAI to be able to conduct its business in line with due process and procedure, there are exemptions which may be applied to certain types of information in some circumstances. These are set out in the FOI Act and key exemptions include:
- confidential and commercially sensitive information
- deliberations of FOI bodies
- functions and negotiations of FOI bodies
- personal information
Requests may also be refused if they are deemed too voluminous but the BAI will work with the requester to simplify and;/or modify the request.
Useful information and guidance on FOI is available on the government’s website, www.foi.gov.ie
Is there a charge for making a FOI request?
There is no charge for submitting a request. Fees are considered where a request covers a large volume of information / records. Charges may be applied for search and retrieval and for any reproduction costs in providing you with the material requested. Where the cost of such search, retrieval and duplication
- is less than €101, no fee is charged.
- is greater than €500 but less than €700, a maximum charge of €500 applies.
- is greater than €700, the BAI can refuse to process the request.
Details of the actual charges relating to your request will be notified to you in writing. Payment should be made by way of Electronic funds transfer.
List of Fees
- Search and retrieval: €20.00 per hour
- Copying charges: Photocopy per sheet: €0.04 / CD-ROM: €10.00
- Internal Review fee costs €30 (€10 for medical card holders)
- Appeal to the Office of the Information Commissioner costs €50 (€15 for medical card holders)
What if I am not satisfied with the FOI decision?
You may appeal any decision issued to you by the BAI by writing to the FOI Appeals Officer, BAI, 2 – 5 Warrington Place, Dublin 2 seeking an internal review on the matter. A fee of €30 (€10 for medical holders) may apply for such an appeal. There is no fee for an internal review concerning personal information relating to oneself or in relation to a decision to impose fees.
You should make your appeal within 4 weeks from the date of response to your initial FOI request. The appeal is conducted by a senior member of staff and a decision will be communicated to you within 3 weeks.
Can I appeal an internal review of the FOI decision?
You may appeal the decision within 6 months by writing to the Office of the Information Commissioner. If you make an appeal the Information Commissioner will fully investigate and consider the matter and issue a fresh decision. All appeals should be addressed to:
The Information Commissioner
18 Lower Leeson Street
Dublin D02 HE97
A fee of €50 (€15 for medical card holders) may apply for such an application.
Freedom of Information Request Logs
The BAI must publish a log of the requests it receives and include information on the records / information sought and the decision made by the BAI on the release of the documentation / information. The BAI updates the log of FOI requests on a quarterly basis and posts to this section of its website.