Freedom of Information Act 2014 (Section 37(8)) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 218/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th May, 2016.

The Minister for Public Expenditure and Reform, in exercise of the powers conferred on him by section 3 of the Freedom of Information Act 2014 (No. 30 of 2014), hereby makes the following regulations:

Citation

1. These Regulations may be cited as the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016.

Interpretation

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

Revocation and transitional

3. The Freedom of Information Act 1997 (Section 28(6)) Regulations 2009 ( S.I. No. 387 of 2009 ), referred to in these Regulations as the “2009 Regulations”, are revoked but any action commenced under the 2009 Regulations shall continue to be performed and shall be completed after the commencement of these Regulations as if the 2009 Regulations had not been revoked.

Disclosure of personal information permitted in two defined cases

4. Notwithstanding section 37(1), an FOI request may be made for records which involves the disclosure of personal information (including personal information relating to a deceased individual), and shall, subject to the other provisions of the Freedom of Information Act 2014 , be granted if the case falls—

(a) within a case to which Regulation 5 applies and, in addition, the condition specified in Regulation 6 is satisfied, or

(b) within a case to which Regulation 7 applies.

First defined case in which disclosure permitted

5. This Regulation applies to a case in which the requester is a parent or guardian of the individual to whom the record concerned relates and that individual belongs to one of the following classes of individual:

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

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

(i) at the time of the request 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 Act.

Supplemental provision with respect to operation of first defined case

6. The condition referred to in Regulation 4(a) is that the individual specified in Regulation 5 is an individual access to...