The overall objective of the Open Data Directive is to continue the strengthening of the EU’s data economy by increasing the amount of public sector data available for re-use, ensuring fair competition and easy access to public sector information, and enhancing cross-border innovation based on data.
Under the PSI Regulations, you have the right to request to re-use information which public bodies hold. If deciding to release such information, public bodies must do so in free and open formats.
If you have made a request to re-use information held by a public body and you are not happy the public body's decision on your request, you can appeal to us.
Under the PSI Regulations, the Information Commissioner is the Appeal Commissioner for PSI requests. We are an independent appeals body. We have the power to affirm, annul or vary the public body's decision. We can review the following decisions:
• Refusal to allow the re-use of a document
• Refusal to grant the exclusive re-use of a document
• Allowing the re-use of a document subject to a fee which the requester does not believe complies with the regulations
• Allowing the re-use of a document subject to conditions
Time limits on public bodies
Depending on the nature of its decision, the public body will have a time-frame specified in articles 6(2) or 6(3) of the PSI Regulations by which it must respond to your request. If the public body fails to reply to your request within the relevant time-frame, this is known as a deemed refusal.
If you have received the public body’s reply, or the specified time-frame has elapsed and the public body has not responded, i.e. there has been a deemed refusal of your request, you may apply to this Office to appeal that decision.
Time limits on making appeals
In general, you can apply to us for an appeal within 4 weeks of the public body’s decision. We can extend the time limit if we think there are reasonable grounds for doing so.
Before you appeal, we recommend that you gather all records of your dealings with the public body in relation to the request.
These usually include:
• Your name, address, telephone number, email address and any other contact details
• The name of the public body
• The reference number of the public body's decision (if you have it)
• Details of the parts of the public body's decision you are unhappy with and which you want us to review
Please also ensure that your request for review clearly states that it is being made under the PSI Regulations.
To make an appeal under the PSI Regulations please send an email setting out the above information to info@oic.ie.
If you require any assistance with your request for review, you can also contact us by phone on +353 1 639 5689.