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How the Process Works

You will receive an acknowledgement of your request no later than two weeks from the date on which the University receives it. The University is normally obliged to respond to the request within four weeks. A longer period may be applicable in certain circumstances; for example, where consultation with third parties is required. In all cases, you will be informed by the University of the expected decision date.

Nominated officers of the University, known internally as FOI Decision Makers, make decisions on applications.

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.

Rights 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 provided below.

Internal Review

You may seek an internal review of the initial decision if:

• You are dissatisfied with the initial response received, i.e. refusal of information, form of access, fees, etc.
• 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.

A request for an internal review must be submitted within four weeks of the initial decision. One member of the University Management Team ( UMT), not involved in the initial decision, will carry out this review. The University must complete the review within three weeks and the review must normally be completed before an appeal may be made to the Information Commissioner.

Requests for internal review should be submitted in writing to the FOI Office.

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
Tel. No.: (01) 6785222
Fax: (01) 6610570
E-mail: foiombudsman.irlgov.ie
Website: www.irlgov.ie/oic

Fees

Under Section 47 of the Act, public bodies are legally obliged to charge fees in the following circumstances:

• In respect of personal records, fees in respect of the cost of copying the records are involved.
• In respect of other (non-personal) information, fees may be charged in respect of the time spent in efficiently locating records and for copying records, based on a standard hourly rate.
• No charges may apply in respect of the time spent by public bodies in considering requests.

Section 47 of the FOI Act, 1997, provides for fees. Fees are currently set as follows in accordance with Statutory Instruments numbers 139 of 1998 and 13 of 1997.

• €20.95 per hour for search and retrieval
• €0.04 per sheet for a photocopy
• €0.51 for a 3-½ inch computer diskette
• €10.16 for a CD-ROM
• €6.35 for a Radiograph (X-ray)

A deposit may be payable where the total fee is likely to exceed €50. In these circumstances, the public body must, if requested, assist the member of the public to amend the request so as to reduce or eliminate the amount of the deposit.

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: or,
• In the case of personal information, where such charges would not be reasonable having regard to the means of the requester.

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 (e.g. accepting oral requests from requesters who are unable to read, print and/or write due to their disability, enabling the requester to inspect or have records explained to him or her). For further information, please contact the FOI Office.

 

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