Freedom of Information Act, 2014

The Freedom of Information Act 2014 allows members of the public access, on request, to records held by the BAI which is not routinely made available by the BAI or available through other sources. It gives you the right to have your personal information corrected or updated, where such information is incomplete, incorrect or misleading, and to get reasons for decisions taken by the Broadcasting Authority Of Ireland that affect you.

However, recognising the requirement for the BAI to be able to conduct its business in line with due process and procedure, there are exemptions provided for in the Act 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

If any of these exemptions are used to withhold information, the reasons will be clearly explained to you.

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

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Making A FOI Request

Requests for information under FOI must be made in writing and state that the information/record is sought under the FOI Act.  You should give as much information as possible about the record/s you want to enable us to identify the records / information you are seeking. You should specify if the records are personal or non-personal.  A record can be a paper document, information held on computer, printouts, maps, microfiche, audio-visual material, etc. You should therefore include the format (i.e. paper copies, electronic copies etc.) 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 should be submitted to foi@bai.ie.

FOI requests may also be submitted to:

FOI Officer,

BAI,

2 – 5 Warrington Place,

Dublin D02 XP29.

T: +353(1) 644 1200

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Access to Records

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.

Personal records / information

If you are requesting personal information, please provide the name under which you understand those records are held.  The BAI will not normally provide access to personal information of another person unless you have obtained the written consent of that person.

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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

  • Internal Review fee costs €30 (€10 for medical card holders)

Appeal to the Office of the Information Commissioner

  • Appeal to the Office of the Information Commissioner costs €50 (€15 for medical card holders)

Entitlements under the FOI Acts

  • Receipt of your request must be acknowledged within 10 working days
  • A response will, in normal circumstances, be issued within 20 working days of receipt of the request
  • All decisions must be clearly explained, setting out the sections of the Act used in reaching these decisions
  • Details of your entitlements to Internal Review and appeal will be included in the decision   letter
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What if I am not satisfied with the FOI decision?

  • You may request an internal review of any decision issued to you by the BAI by writing to the FOI Internal Review 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 request for an internal review within 4 weeks from the date of response to your initial FOI request.  This review will be conducted by a senior member of staff who was not involved in the first decision making process and a decision will be communicated to you within 3 weeks. The name of the Internal Reviewer will be given to you in our Acknowledgement Letter in response to your original request.
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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

e-mail: info@oic.ie

A fee of €50 (€15 for medical card holders) may apply for such an application.

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Freedom of Information Disclosure Logs

In line with the BAI’s policy of posting a summary of Freedom of Information requests and the subsequent decision, FOI requests received since 2016 (other than requests for personal information) are available here:

FOI Requests 2019

FOI Requests 2018

FOI Requests 2017

FOI Requests 2016

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Publication Scheme

Section 8 of the Freedom of Information Act, 2014 requires FOI bodies to prepare and publish as much information as possible in an open and accessible manner on a routine basis outside of FOI, having regard to the principles of openness, transparency and accountability as set out in Sections 8(5) and 11(3) of the Act. This allows for the publication or giving of records outside of FOI provided that such publication or giving of access is not prohibited by law. The scheme commits FOI bodies to make information available as part of their normal business activities in accordance with this scheme.

The BAI has prepared its FOI Publication Scheme in accordance with section 8 of the FOI Act 2014 and it is published here. The scheme is comprised of categories of information with links to a separate webpage containing the relevant information under each of the listed categories. If the information you require cannot be found here or elsewhere on the BAI website, you can contact the BAI at comms@bai.ie.  If the information is not currently made publicly available by the BAI you may consider making a Freedom of Information Request.

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