Freedom of Information Office

An Information Guide to DCU (section 15 Reference Manual)

Preface
This guide has been compiled and published in accordance with the requirements of Section 15 of the Freedom of Information Act (FOI), 1997. It is intended as a practical guide to the services of Dublin City University, to assist you in ascertaining the information held by the University and how to access information. It is not a definitive description of all our services and should you require further details please contact the relevant section. The Freedom of Information (FOI) Act, 1997 establishes three new statutory rights:

A legal right for each person to access information held by public bodies;
A legal right for each person to have official information held by a public body relating to him/herself amended where it is incomplete, incorrect or misleading;
A legal right to obtain reasons for decisions affecting oneself taken by a public body.

The University is required, under sections 15 and 16 of the FOI Act, to publish two reference guides. This guide, prepared under section 15, describes the functions, structure and services provided and the categories of records held by the University. The second guide, under section 16, published on the University's website, www.dcu.ie/foi/section16.html contains the policies, procedures and guidelines used by the University in decision-making along with the rights, benefits, obligations and penalties imposed by the University in carrying out its functions and the methods by which these are administered.

1.0 Introduction

The Freedom of Information (FOI) Act asserts the right of members of the public to obtain access to official information consistent with the public interest and the right to privacy of individuals. This reference book has been prepared and published by the University in accordance with the requirements of Section 15 of the FOI Act. Its purpose is to facilitate access to official information held by the University by outlining: o The structure and functions of the University; o Details of the services provided and how they may be availed of; o Information on the classes of records held by the University; o Information on how to make a request to the university under the Freedom of Information Act, 1997.

2.0 Routinely Available Information
The FOI Act is designed to allow public access to information held by public bodies which is NOT routinely available through other sources. Access to information under the Act is subject to certain exemptions and involves specific procedures and time limits. The University currently makes information routinely available to the public in relation to its functions and activities. This reference book highlights, in relation to each of the University's departments, where information is available informally and within the need to use the FOI Act. General information on the University is available on the University's web-site which is located at http://www.dcu.ie.
Many references are made throughout this guide to information available on the website. The University will also attempt, where possible to make information available, should requesters prefer, outside the formal procedures of the Freedom of Information Act, subject to the general scope of exemptions in the Act.
The most important available sources of general information on Dublin City University are:

Dublin City University Annual Report available from the Office of the President.
DCU Prospectus (published annually) available from The Registry.
DCU Postgraduate Prospectus (published annually) available from The Registry
DCU Faculty Booklets (published annually) available from the Registry and Faculty Offices.
DCU Student Handbook (published annually) available from the Student Support & Development Office.

Further information on staff publications is available at http://www.dcu.ie/news/pub.shtml and on the University Magazine at http://www.dcu.ie/news/dcutimes/index.shtml

3.0 How to obtain information under the Freedom of Information Act
3.1 Provisions of the Freedom of Information 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 relating to oneself 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).

These rights are supported by an internal review and external appeals procedure. 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.

3.2 How to make an FOI request
All applications under the FOI Act should be addressed to:
FOI Officer
Freedom of Information office Dublin City University
Dublin 9.
Tel. No.: 01-7007070
E-mail: foi@dcu.ie
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.
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 licence, student ID card or birth certificate.

Requests to have Information Amended (FOI Act, 1997, Section 17) A request to amend information must:

Be in writing and should be sent to the FOI Officer of Dublin City University at the address indicated on the previous page
Give details of the information which you believe is incorrect, incomplete or misleading
Specify the amendments which you wish to have made.
You should also supply appropriate information in support of your application.

Reasons for Decisions (FOI Act, 1997 Section 18)
Applications must be in writing stating that the request is being made under section 18 of the Act and should be sent to the FOI Officer of Dublin City University at the address indicated on the previous page.
Assistance to persons with a disability
The University's FOI Unit 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 Unit.

3.3 How the FOI process operates at the Dublin City University
You will receive an acknowledgement of your request no later than two weeks from the date on which it is received by the University. 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 the expected decision date.
Decisions on applications are made by nominated officers of the University known internally as FOI Decision Makers.
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.

3.4 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 the Dublin City University 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.

3.5 Internal review
You may seek an internal review of the initial decision, which will be carried out by University staff at a higher level than the person by whom the initial decision was made 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.

Requests for internal review should be submitted in writing to: FOI Officer
Freedom of Information Office
Dublin City University
Dublin 9.
Tel. No.: 01-7007070
E-mail: foi@dcu.ie
A request for an internal review must be submitted within four weeks of the initial decision. The University must complete the review within three weeks. Such an internal review must normally be completed before an appeal may be made to the Information Commissioner.

3.6 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: foi@ombudsman.irlgov.ie
Web site: www.irlgov.ie/oic

4.0 Fee payable on making an FOI application
Fees may be charged as follows:

A fee of €15 must accompany a request for records, other than for records containing only personal information relating to the requester. A reduced fee of €10 applies to medical card holders or their dependants. There is no application fee if the request is for personal information relating to oneself.
A fee of €75 must accompany most applications for internal review. A reduced fee of €25 applies to medical card holders or their dependants. There is no application fee for internal review if the application concerns only personal information relating to oneself or if the application is in relation to a decision to impose fees or deposits.
A fee of €150 must accompany most applications for review by the Information Commissioner. A reduced fee of €50 applies to medical card holders or their dependants and in relation to a review concerning certain third party information. There is no application fee for review by the Commissioner if the application concerns only personal information relating to oneself or if the application is in relation to a decision to impose fees or deposits.

5.0 Overview of Dublin City University