Freedom of Information at NUI Galway

Routinely available information

The University currently makes information routinely available to the public in relation to its programmes, functions and services. This document highlights in relation to each of the University’s departments where information is available without the need to use the FOI Act.

The most important available sources of information on NUI, Galway are:

University Publications

The following general publications are currently available from NUI, Galway:
            -Student Prospectus
            -University Calendar
            -Student Handbook
            -Staff information Handbook
            -President’s Report
            -Dialann (University newsletter)
            -Faculty Handbooks
            -University Personnel policies

HOW TO OBTAIN INFORMATION 

Applications under the FOI act

Under the FOI Act, anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to:

• Access records held by the University (Section 6 of the FOI Act)
• Correction of personal information held by the University where it is inaccurate, incomplete or misleading (Section 17 of the FOI Act)
• Access reasons for decisions made by the University directly affecting oneself (Section 18 of the FOI Act).

An internal review and external appeals procedure support these rights.  The following records come within the scope of the Act:   

• All records relating to personal information held by the University irrespective of when created
• Personnel records of serving staff with effect from 21st April 1995 and those created prior to that date if they are being used or proposed to be used in a way which adversely affects the individual involved
• All other records created since 21st April 1998
• Any records created prior to 21st April 1998 where these records are necessary to help the understanding of a current record.

Under the Act, a record includes any papers, memorandum, text or other document, any photograph, film or recording or any form in which data are held (whether manual, mechanical or electronic), and anything that is a part or a copy, or a combination of the foregoing.

Access to information under the Act is subject to certain exemptions. Should the University decide to withhold information under any of these exemption provisions, the specific exemption clause, which has been invoked, will be clearly explained. 

How to make a FOI request

All applications under the FOI Act should be addressed to:

           Mr. Des McSharry
           Freedom of Information Officer
           Room 206, Arts/Science Building        
           NUI, Galway
           Ph: 091 524411 ext.2615
           Direct: 091 492615
           Fax:  091 495538
           E-mail: des.mcsharrynuigalway.ie

You may use the University’s FOI Application Form.

If you have any difficulty in preparing your application, the staff of the FOI Office will be happy to assist you in this regard.

If you are not using the Application Form, then your application should:

• Normally be in writing
• Indicate clearly that the information is sought under the Freedom of Information Act
• Indicate if the information is required in a particular form, i.e. photocopy, computer disk, etc.
• Include as much detail as possible to enable the staff of the University to identify the record. If you have difficulty in identifying the precise records which you require, the FOI Office will be happy to assist you in preparing your request
• Provide full contact details, including a telephone number and E-mail address where available, so that you may be contacted if it is necessary to clarify the details of your request.
• A €15.00 "up-front" application fee must accompany all requests relating to "non-personal" information. (See below section concerning fees and charges)

You may be required to provide identification, especially when requesting personal information.  A typical form of identification that you could be asked to produce will be your passport, driving license, student ID card or birth certificate.

Assistance to persons with a disability
The University’s FOI Office is available to provide assistance to persons with a disability to exercise their rights under the FOI Act.  For further information, please contact the FOI Office.

How the FOI process operates at NUI, Galway
Nominated officers known internally as FOI Decision Makers make decisions on applications. At NUI, Galway, Internal Appeal decisions will be carried out by three members of the University Management Team, not involved in the initial decision. Should the requester be unhappy with the outcome of the review, he/she may appeal the decision to the Information Commissioner.

The FOI Office acknowledges receipt of FOI applications, not later than 2 weeks following their receipt, and forwards them to the FOI Decision Maker in the Department or Unit, which holds the relevant records.

If your request is granted:

• You will receive a letter stating your request has been granted
• You will usually be told the name of the person dealing with your request
• You will be informed of the day on which access to the relevant records will be granted and the manner in which it will be granted
• You will be given details of the charges, if applicable.

If your request is refused:

• You will receive a letter stating that your request has been refused and you will be given reasons for the refusal
• You will be informed of your rights of review and appeal

Right of review and appeal
The Act sets out a series of exemptions to protect sensitive information where its disclosure may be damaging or inappropriate. Where NUI, Galway invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc. may also be the subject of appeal. Details of the review and appeals mechanisms are as follows:

Internal review
You may seek an internal review of the initial decision, which will be carried out by the University Management Team (UMT), if:
You are dissatisfied with the initial response received, i.e. refusal of information, form of access, fees, etc. or

You have not received a reply within four weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to internal review.

Requests for internal review should be submitted in writing to:

Mr. Des McSharry
Freedom of Information Officer
Room 206, Arts/Science Building
NUI, Galway
Ph: 091 524411 ext.2615
Direct: 091 492615
Fax: 091 495538
E-mail: des.mcsharrynuigalway.ie

Such a request for internal review must be submitted within 4 weeks of the initial decision. The Office must complete the review within 3 weeks. Internal review must normally be completed before an appeal may be made to the Office of the Information Commissioner. You will be notified of the outcome in writing.

Review by the Information Commissioner

Following completion of an internal review, you may seek 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 you may appeal the matter to the Information Commissioner. 

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

Office of the Information Commissioner
18 Lower Leeson Street,
Dublin 2
Phone:  (01) 6785222
Fax:       (01) 6610570
E-mail:   foiombudsman.irlgov.ie

Fees

Under Section 47 of the Freedom of Information Act 1997 and Section 30 of the Freedom for Information Amendment Act 2003, public bodies are legally obliged to charge fees as prescribed in Statutory Instruments Nos 139 and 522 (1998) and 264 (2003).

• a standard application fee of €15 must accompany an FOI request under section 7 for a record or records containing non-personal information.
• a reduced fee of €10 applies if the person making such a request is covered by a medical card.
• the following requests/applications are exempt:
  1. a request under section 7 for a record or records containing only personal information related to the requester.
  2. an application under section 17 (right of amendment of records relating to personal information).
  3. an application under section 18 (right of person to information regarding acts of pubic bodies affecting the person).

Internal Review

• a standard fee of €75 must accompany an application for internal review under section 14.
• a reduced fee of €25 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 a decision under section 17 (right of amendment of records relating to personal information).
  3. an application in relation to a decision under section 18 (right of person to information regarding acts of pubic 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 Information Commissioner

• a standard fee of €150 must accompany applications to the Information Commissioner for review of decisions made by public bodies under section 34.
• a reduced fee of €50 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 29(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 17 (right of amendment of records relating to personal information). 
3. an application in relation to a decision under section 18 (right of person to information regarding acts of pubic bodies affecting the person). 
4. an application in relation to a decision to charge a fee or deposit exceeding €25.00 under section 47 in respect of search and retrieval and photocopying of records (decisions in relation to the charging of fees or deposits for search and retrieval and/or photocopying of less than €25 are not subject to review by the Information Commissioner). 
5. an application in relation to a decision to charge a fee under section 47(6A), or a fee of a particular amount under section 47(6A), on the grounds that the records concerned do not contain only personal information related to the requester or the requester is not a medical card holder or a dependant of a medical card holder. 

Summary of Application Fees 

* Fee will not apply where a person appeals a decision to charge a fee or deposit, or a fee or deposit of a particular amount under section 47 of the FOI Act

** Reduced fee will apply in respect of medical card holders or their dependents as well as third parties who appeal a decision of a public body to release their information on public interest grounds

Search and Copy charges

Charges/Fees are currently set as follows in accordance with Statutory Instruments Nos.139 and 522 of 1998: 

€ 20 per hour - search and retrieval
€ 0.04 per sheet for a photocopy
€ 0.51 for a 3 1/2 inch computer diskette
€ 10 for a CD-ROM
€ 6 for a Radiograph (x-ray)

• Non-personal records: Fees will be charged in respect of the time spent in efficiently locating and copying records. Fees will not apply in respect of the time spent by the University in considering requests. A deposit will be payable where the total fee is likely to exceed €50. In these circumstances, the University will, if requested, assist individuals to amend the request so as to reduce or eliminate the amount of the deposit. 
• Personal records: Fees in respect of the cost of copying the records requested will not apply unless a large number of records are involved.

Charges may be waived in the following circumstances:

• Where the cost of collecting and accounting for the fee would exceed the amount of the fee; 
• Where the information would be of particular assistance to the understanding of an issue of national importance; 
• In the case of personal information, where such charges would not be reasonable having regard to the means of the requester.

Confidentiality

Statement of policy with regard to Confidentiality and FOI
NUI, Galway undertakes to treat as confidential any information provided to it in confidence by individuals or others, subject to the University’s obligations under law, including the Freedom of Information Act.  If, for any reason, it is wished that information provided to the University should not be disclosed because of its sensitive nature, then it is incumbent upon the person or body when supplying the information to make clear this wish and to specify the reasons for the information’s sensitivity.  The University will consult with any individual or body so supplying sensitive information before making a decision on any Freedom of Information request received.

Who will make the descision?

Nominated officers known internally as FOI Decision Makers make decisions on applications. At NUI, Galway, Internal Appeal decisions will be carried out by three members of the University Management Team, not involved in the initial decision. Should the requester be unhappy with the outcome of the review, he/she may appeal the decision to the Information Commissioner.  

For Further Information Contact :

Des McSharry
Freedom of Information Officer
NUI Galway
University Road
Galway
Tel: 353 (0) 91 524411 ext.2615
Direct: 353 (0) 91 492615
Fax: 353 (0) 91 495538
Email: Des McSharry

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