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Does Personal Information Within The Meaning Of Section 2 Of The FOI Act Have To Satisfy: Freedom Of Information Assignment, NUI, Ireland

University National University of Ireland (NUI)
Subject Freedom of Information

Questions:

  1. Does “personal information” within the meaning of section 2 of the FOI Act have to satisfy both the ‘lead-in’ wording of its definition in the Acts and come within any of the non-exhaustively listed types of information set out at (i) to (xiv), inclusive, of that definition, to constitute personal information for section 9 or 37, for example? (See The Governors and Guardians of the Hospital for the Relief of Poor Lying-In Women –v- The Information Commissioner [2011] IESC 26)
  2. Apart from the normal understanding of what records are ‘held by a public body (in terms, for example, of being physically in the possession of such a body), in what other circumstances does the FOI Act say an FOI body is considered or deemed to hold a record? (Please specify the two sub-sections of the particular sections that contain these provisions.)
  3. Can a person seek access to any records held by an FOI body, whenever created, or are there general temporal restrictions in the FOI Act in this regard?
  4. Please list the 11 administrative grounds upon which an access request can be refused (you may paraphrase them, provided the paraphrasing is not too loose).
  5. Please indicate whether any of the administrative grounds for refusal require any prior activity on the part of an FOI body before they can be invoked, and, if so, which ones.
  6. What is the exception to the general rule that a record that contains some exempt material ought to be redacted or copied in such a way as to grant partial access?
  7. What 9 things does the FOI Act require to be included in an FOI body’s publication scheme?
  8. What right is provided for by section 9 of the FOI Act?
  9. What right is provided for by section 10 of the FOI Act?
  10. Please give an example of a ‘harm-based’ exemption provision (specify section/sub-section/paragraph, as appropriate).
  11. Please give an example of a ‘class-based’ exemption provision (specify section/sub-section/paragraph, as appropriate).
  12. Of what opinion must the head or decision-maker be, to invoke the exemption in section 29(1)?
  13. What are the 4 criteria to be satisfied for section 35(1)(a) to apply?
  14. Are both section 35(1)(a) and 35(1)(b) subject to the public interest override in section 35(3)?
  15. What is the difference between the wording of the ‘public interest override’ in section 37(5)(a) and other public interest overrides?
  16. What are the two-time limits set out for making an application for review to the Information Commissioner under section 22(4), and what types of decisions, respectively, do they relate to?
  17. What is the effect of the provisions of section 22(12)(b)?
  18. Does the Commissioner necessarily have to determine an application for review formally (in the sense that he would need to issue a formal decision, affirming, varying, or annulling the decision under review), or are there other ways the Act states he can dispose of a review to the satisfaction of the parties? (Please refer to the relevant statutory provision here.)
  19. What does section 19 provide (you may paraphrase, provided the paraphrasing is not too loose)?
  20. What type of appeal to the High Court as provided for in section 24(1), and what exceptional type of case is provided for in section 24(1)(b)?
  21. When must such an appeal be mounted?
  22. What is the effect of section 17(4)?
  23. What is the effect of section 27(5)?

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