Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 558/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th November, 2016.

I, PASCHAL DONOHOE, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by sections 3 , 9 (6), 10 (6) and 37 (8) of the Freedom of Information Act 2014 (No. 30 of 2014), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Freedom of Information Act 2014 (Sections 9(6), 10(6) and 37(8)) Regulations 2016.

Interpretation

2. In these Regulations, a reference to a section is a reference to that section of the Freedom of Information Act 2014 (No. 30 of 2014).

Revocation

3. (1) Each of the following—

(a) the Freedom of Information Act 1997 (Section 17(6)) Regulations 2009 ( S.I. No. 385 of 2009 ), referred to in these Regulations as the “First 2009 Regulations”, and

(b) the Freedom of Information Act 1997 (Section 18(5A)) Regulations 2009 ( S.I. No. 386 of 2009 ), referred to in these Regulations as the “Second 2009 Regulations”,

is revoked.

(2) Any action commenced under the First 2009 Regulations or the Second 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the First 2009 Regulations or, as the case may be, the Second 2009 Regulations, had not been revoked.

Amendment of records relating to personal information permitted in 2 defined cases

4. Notwithstanding subsection (1) of section 9, an application under that section may be made to amend a record that includes personal information which is incomplete, incorrect or misleading and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—

(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or

(b) to which Regulation 8 applies.

Right of person to information regarding acts of FOI bodies affecting the person in two defined cases

5. Notwithstanding subsection (1) of section 10, an application under that section may be made where the applicant is a parent or guardian of a person referred to in that subsection and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case either is one—

(a) to which Regulation 6 applies and, in addition, the condition specified in Regulation 7 is satisfied, or

(b) to which Regulation 8 applies.

First defined case

6. (1) In this Regulation a reference to the individual is a reference to, as the case may be—

(a) the individual to whom the information in the record concerned referred to in section 9(1) relates; or

(b) the person affected by an act of an FOI body, and having a material interest in a matter affected by that act or to which it relates, as referred to in section 10(1).

(2) This Regulation applies to a case in which the applicant is a parent or guardian of the individual and that individual belongs to one of the following classes of individual:

(a) individuals who, on the date of the application, have not attained full age, or

(b) individuals who have attained full age, being individuals who—

(i) at the time of the application have, or are subject to, a psychiatric condition, mental incapacity or severe physical disability, the incidence and nature of which are certified by a registered medical practitioner, and

(ii) by reason of that condition, incapacity or disability, are incapable of exercising their rights under the Freedom of Information Act 2014 .

Supplemental...