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Freedom of Information

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Freedom of Information


Introduction


The Freedom of Information Act 2014 (FOI) provides that every person has the following:

  • A legal right to access official records held by public bodies listed in the Act.
  • A legal right to have personal information held on them corrected or updated where such information is incomplete, incorrect or misleading.
  • A legal right to be given reasons for decisions taken by public bodies that affect them.

The Act gives the public the right to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.

How does the Act work?


The Act requires NMBI to acknowledge receipt of an FOI request within two weeks. NMBI must respond within four weeks (or such longer period as provided for in exceptional cases under the Act) of receiving a request for access.

Your request will be handled by the designated Freedom of Information Officer who assists members of the public in seeking access to records under the Act.

Making an application under the Freedom of Information Act, 2014


Your request for access to records under the Act must be in writing, addressed to the Freedom of Information Officer.

  • Give sufficient particulars to enable the record to be identified.
  • Written consent from a third party is required if records concerning a third party are being sought.
  • You do not have to give reasons for requesting access to records and no person has the right to demand such reasons from you.
Send your FOI request to: Freedom of Information Officer, Nursing and Midwifery Board of Ireland,18/20 Carysfort Avenue, Blackrock, Co. Dublin A94 R299 or email foi@nmbi.ie

Fees


The Freedom of Information Act 2014 provides for some fees. In respect of personal records, no fees will be charged for copying the records requested unless a large number of records are involved.
In respect of non-personal information the following charges will apply:

  • No application fee.
  • Appeal to the Internal Reviewer will carry a fee of €30 (€10 for medical card holders).
  • Appeal to the Information Commissioner will carry a fee of €50 (€15 for medical card holders).
  • Fees will also be charged for the search and retrieval of materials at the rate of €20 per hour and copying at .04c per page involved in the application.
  • There is a cap of €500 on these charges and any costs above this amount may require the request to be refined or NMBI may refuse to process the application.

Right of Review and Appeal


Appeal to the Internal Reviewer

If you feel aggrieved regarding a decision of NMBI to limit or refuse access under the Freedom of Information Act 2014, then you have the right of appeal to the Internal Reviewer. Please contact:

  • FOI Internal Reviewer, Nursing and Midwifery Board of Ireland,18/20 Carysfort Avenue, Blackrock, Co. Dublin A94 R299.

Appeal to the Information Commissioner

If you are dissatisfied with the decision taken by the Internal Reviewer, you have the right to appeal to the Information Commissioner. Please contact:

  • Information Commissioner, 18 Lower Leeson Street, Dublin 2.

Appeal to the High Court

If you are unhappy with the decision of the Information Commissioner following such an appeal you may appeal to the High Court on a point of law from the decision.
 

Access to Information outside the Freedom of Information Act, 2014


Information can be obtained outside the FOI Act through the following:

  • Discussions with the Freedom of Information Officer
  • Information from annual reports and other publications by NMBI
  • Formal access i.e. by writing to the appropriate officer of NMBI stating the nature of the information requested
  • As a matter of routine and under formal access all appropriate information will be made available to the requester having regard to privacy, confidentiality and the public interest. 

FOI Disclosure Log

The Freedom of Information Act 2014 requires Freedom of Information (FOI) bodies to publish an FOI Disclosure Log, which contains details of the types of requests received under FOI and the decisions made by the body in response to those requests.

Please note that, due to Data Protection, the identity of the requester is not disclosed.

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