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 MIE 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.
If you are not happy with a decision made by MIE in response to your FOI request and would like to appeal the decision, you can do so by sending a request in writing asking for an internal review of the decision to Freedom of Information Officer, Marino Institute of Education, Griffith Ave, Dublin 9 or email email@example.com
. You may seek an internal review of the initial decision 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.
The appeal process will involve a full reassessment of your original FOI request by a member of the senior staff not involved in the initial decision. The reviewer can change or agree with the original decision made. You will be told the result of this review within three weeks. An internal review fee of €30.00 (€10.00 for medical card holders) is applicable when appealing a decision and this is to be sent with your written appeal submission. There is no fee for internal review applications concerning only personal information relating to oneself or an appeal in relation to a decision by MIE to impose a fee or deposit.
Requests for internal review should be submitted in writing to the FOI Office.
Review by the Information Commissioner
If, after the internal review, you are unsatisfied with the decision or you have not received a reply to your application for internal review within three weeks (this is deemed a refusal) and you would like to appeal again, your appeal should be directed to the Office of the Information Commissioner. This right may only be exercised when the decision is first appealed internally to MIE. A fee of €50.00 (€15.00 for medical card holders) is charged on any appeal to the Office of the Information Commissioner. In most cases, the decision of the Information Commissioner is final; however there is a right to appeal to the High Court on a point of law only.
Appeals, in writing, may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner
18 Lower Leeson Street
Tel. No.: (01) 6785222
Fax: (01) 661 0570