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Guidance notes on various sections of the FOI Act
From Office of the Information Commissioner (OIC)
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We have prepared guidance notes which show how we interpret and apply the Freedom of Information Act.
- Please note that these guidance notes are not legally binding. Each case will depend on its own facts
- Please also ensure that you are using an up-to-date version of the guidance notes. We amend them from time to time
Note: On 25 September 2020 the Supreme Court delivered its judgments in the cases of The Minister for Communications, Energy and Natural Resources v The Information Commissioner and University College Cork v The Information Commissioner. These judgments have implications for the Commissioner’s reviews of decisions by FOI bodies and are being carefully considered by the Commissioner. The guidance provided here is subject to the implications of these judgments and users of this guidance should bear this in mind.
Section 9 - Amendment of Records Relating to Personal Information (Updated Sept 2017)
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Section 10 - Right of Person to Information Regarding Acts of FOI bodies Affecting the Person (Updated Sept 2017)
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Section 15(1)(a): Record Does not Exist or Cannot be Found (May 2020)
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Section 30 - Functions and Negotiations of FOI Bodies (March 2024)
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Section 31 - Parliamentary, Court and Certain Other Matters (Jan 2016)
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Section 32 - Law Enforcement and Public Safety (Aug 2015)
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Section 33 - Security, Defence and International Relations (Feb 2016)
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Section 35 - Information Obtained in Confidence (Mar 2024)
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Section 36 – Commercially Sensitive Information (Mar 2024)
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Section 38 - Procedure in Relation to Certain FOI Requests to which Section 35, 36 or 37 Applies
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Section 40 - Financial and Economic Interests of the State (Mar 2024)
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Section 41 - Enactments Relating to Non-Disclosure of Records (Jul 2017)
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For more guidance on the Information Commissioner's approach to applying the Freedom of Information Act, see our decisions and sample questions. If you have any questions about the guidance notes, please contact us.