freedom of information office
dealing with an foi request – brief overview
Dealing with an FOI Request - Brief Overview
This overview is intended as guidance only. The procedures adopted must be such as to enable DCU to comply fully with the requirements of the FOI Act.
Receipt of an FOI Request directly by a Faculty, School or Unit:
The request MUST be forwarded to Mr. Joe Maxwell, Freedom of Information Officer, This must happen IMMEDIATELY.
The FOI Officer must:
- Record the Request:
- Date stamp the request on the date of receipt. The clock beings from this date of receipt.
- Open a registered file for each request.
- Input the request details on the IT request tracking system.
- Note the deadline for reply on the front of the file. (This deadline may be altered subsequently due to certain circumstances).
- Check that the Request comes within the scope of the FOI Act.
- This means that:
- The request was received in writing or other approved form.
- Refers to the FOI Act.
- Contains sufficient particulars to enable the records sought to be identified.
- Identify the appropriate decision maker(s)
- Determine the appropriate decision-maker to handle the request.
- If the decision is to be made at School/unit level, notify the decision-maker of the request and send a copy of the actual application.
- Acknowledge the Request
- A letter of acknowledgement of receipt of the application is forwarded to the requester.
Processing the FOI Request in the Faculty/ School or Unit - Process
- Records relevant to the request
- Search for and locate all records, which are relevant to the request.
- Identify all steps taken to locate all records - seek signed confirmation from relevant divisions, if appropriate (a search checklist will be provided for this purpose)
- Extract relevant electronic documents and print if the form of access is likely to be photocopies of the document.
- Making the Decision:
- Number each page of the relevant file(s)
- Copy all records that come within the scope of the request
- Check each page for exempt material
- Prepare a schedule of records (either manual or electronic)
- Consider whether the records coming within the scope of the request contain third party information.
- Undertake informal consultations with colleagues or other relevant persons as appropriate.
- Consider any relevant public interest factors.
- Notifying of the decision to grant information:
- Write a letter (which should be addressed to the Requester, but forwarded to the FOI Officer) advising the applicant of:
- the decision
- the day on which it was made
- the name and designation of the person dealing with the request (unless particular safety issues arise)
- the form and manner of access
- any fee payable
- If no fee is payable, or if the amount of a deposit already received exceeds the amount of the fee, the record should be made available forthwith.
- Notifying of the Decision to refuse:
- Write a letter (which should be addressed to the Requester, but forwarded to the FOI Officer) advising the applicant of:
- the decision
- the day on which it was made
- the name and designation of the person dealing with the request (unless particular safety issues arise)
- the reasons for refusal
- any provision of the Act pursuant to which the request is refused
- findings of any material issues relevant to the decision
- particulars of any matter taken into consideration
- particulars of rights of review and appeal, the procedure governing the exercise of those rights and the time limits governing such exercise
Review of the FOI Decision in the Faculty/ Section - Process
A requester has a right to appeal the decision of an FOI decision-maker through the internal review process. This entails the internal reviewers (Vice President and Secretary) repeating the decision making process from point number 1 above and reviewing all relevant documentation and any supplemental information used in the decision-making process.The Vice President and Secretary are the internal reviewers except in cases where they have been involved in the original decision. If such cases should require internal review then the internal review will be carried out by the President of the University.
Time Limits identified in the legislation:
Each FOI request MUST be acknowledged within 2 weeks of receipt of initial request
The initial decision on a request must be forwarded (via the FOI Officer) to the requester within 4 weeks of receipt of initial request
The internal review process must be completed to ensure requester is advised of the decision within 3 weeks of the request for internal review.
