lrc_2014_act_30

(LRC Revised)

1 Articles / Provisions · Ireland

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Statutory Text (1 Articles)

LRC Revised Act

Freedom of Information Act 2014 (LRC Revised) Open official source

Number 30 of 2014

FREEDOM OF INFORMATION ACT 2014

REVISED

Updated to 2 April 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Freedom of Information Act 2014

. It is

prepared by the Law Reform Commission in accordance with its function under the

Law

Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Merchant Shipping (Investigation of Marine Accidents) Act 2025

(2/2025), enacted 14 April 2025, and all statutory

instruments up to and including the

Policing, Security and Community Safety Act 2024 (Commencement) Order 2025

(S.I. No. 107 of 2025), made 2 April 2025, were considered in the preparation of

this

Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number

2014

FREEDOM OF INFORMATION ACT

2014

REVISED

Updated to

2 April 2025

CONTENTS

PART 1

Preliminary and General

Section

1. Citation and

commencement

2. Interpretation

3. Regulations and orders

4. Expenses

5. Repeals

PART 2

FOI Bodies

6. Public bodies

7. Prescribed bodies

PART 3

Rights in Relation to Records

Chapter 1

General rights in relation to records and decisions

8. Publication of information about

FOI bodies

9. Amendment of records relating to

personal information

10. Right of person to information

regarding acts of FOI bodies affecting the person

Chapter 2

FOI Requests

11. Access to records

12. Requests for access to

records

13. Decisions on FOI requests and

notification of decisions

14. Extension of time for

consideration of FOI requests

15. Refusal on administrative

grounds to grant FOI requests

16. Deferral of access to

records

17. Manner of access to

records

18. Access to parts of

records

19. Decisions deemed to have been

made in certain cases

20. Delegation of certain functions

of heads

Chapter 3

Internal Review

21. Review by heads of decisions

under Chapters 1 and 2

Chapter 4

Review by Information Commissioner

22. Review by Commissioner of

decisions

23. Requests for further

information by Commissioner

Chapter 5

Appeal to High Court

24. Appeal to High Court,

etc.

Chapter 6

Miscellaneous

25. Precautions by High Court and

Commissioner against disclosure of certain information

26. Stay on certain

decisions

27. Fees and charges

PART 4

Exempt Records

28. Meetings of the

Government

29. Deliberations of FOI

bodies

30. Functions and negotiations of

FOI bodies

31. Parliamentary, court and

certain other matters

32. Law enforcement and public

safety

33. Security, defence and

international relations

34. Conclusiveness of certain

decisions pursuant to sections 32 and 33

35. Information obtained in

confidence

36. Commercially sensitive

information

37. Personal information

38. Procedure in relation to

certain FOI requests to which section 35, 36 or 37 applies

39. Research and natural

resources

40. Financial and economic

interests of the State

41. Enactments relating to

non-disclosure of records

PART 5

Restriction of Act

42. Restriction of Act

PART 6

The Information Commissioner

43. Continuance of office of

Information Commissioner

44. Review of operation of Act and

investigations by Commissioner

45. Powers of

Commissioner

46. Publication of commentaries by

Commissioner on practical application, etc., of Act

47. Reports of

Commissioner

PART 7

Miscellaneous

48. Code of practice and

guidelines

49. Immunity from legal

proceedings

50. Amendment of Central Bank Act

1942

51. Amendment of Official Secrets

Act 1963

52. Offence and penalty

53. Proceedings for

offences

54. Saver

55. Transitional

provisions

SCHEDULE

PART

Partially Included Agencies

PART

Exempt Agencies

SCHEDULE

The Information Commissioner

SCHEDULE

Enactments Excluded from Application of Section

PART

Statutes

PART

Statutory Instruments

SCHEDULE

Repeals

PART

Statutes

PART

Statutory Instruments

SCHEDULE

Statutory Instruments Continuing in Force

Acts Referred to

Adoption Act 2010

(No. 21)

Agriculture (Research, Training and

Advice) Act 1988

(No. 18)

Air Navigation and Transport (Amendment)

Act 1998

(No. 24)

Air Pollution Act 1987

(No. 6)

An Bord Bia Act 1994

(No. 22)

Arts Act 2003

(No. 24)

Aviation Regulation Act 2001

(No.

Central Bank Act 1942

(No. 22)

Central Bank and Credit Institutions

(Resolution) Act 2011

(No. 27)

Children Act 2001

(No. 24)

Civil Law (Miscellaneous Provisions) Act

2011

(No. 23)

Civil Registration Act 2004

(No.

Civil Service Regulation Act 1956

(No. 46)

Civil Service Regulation Acts

1956 to 2005

Comhairle Act 2000

(No. 1)

Commission To Inquire Into Child Abuse Act

2000

(No. 7)

Commissions of Investigation Act

2004

(No. 23)

Communications (Retention of Data) Act

2011

(No. 3)

Communications Regulation Act 2002

(No. 20)

Companies Acts

Comptroller and Auditor General

Acts 1923 to 1993

Consumer Protection Act 2007

(No.

19)

2000

(No. 28)

Coroners Act 1962

(No. 9)

Credit Reporting Act 2013

(No.

45)

Criminal Justice (Location of

Victims’ Remains) Act 1999

(No. 9)

Criminal Justice (Surveillance) Act

2009

(No. 19)

Criminal Justice (Terrorist Offences) Act

2005

(No. 2)

Criminal Law (Insanity) Act 2006

(No. 11)

Data Protection Act 1988

(No.

25)

Data Protection Acts 1988 and

2003

Defence Act 1954

(No. 18)

Dentists Act 1985

(No. 9)

Digital Hub Development Agency Act

2003

(No. 23)

Dublin Transport Authority Act 2008

(No. 15)

Education Act 1998

(No. 51)

Electricity Regulation Act 1999

(No. 23)

Employment Equality Acts 1998

to 2011

Environmental Protection Agency Act

1992

(No. 7)

Equal Status Acts 2000 to

2012

European Parliament Elections Act

1997

(No. 2)

Exchequer and Audit Department

Acts 1866 and 1921

Family Support Agency Act 2001

(No.

54)

Food Safety Authority of Ireland Act

1998

(No. 29)

Forestry Act 1988

(No. 26)

Freedom of Information (Amendment) Act

2003

(No. 9)

Freedom of Information Act 1997

(No. 13)

Garda Síochána Act

2005

(No. 20)

Gas (Interim) (Regulation) Act 2002

(No. 10)

Gas Act 1976

(No. 30)

Harbours Act 1996

(No. 11)

Health (Repayment Scheme) Act 2006

(No. 17)

Health Act 1947

(No. 28)

Health Act 2004

(No. 42)

Health Act 2007

(No. 23)

Health Insurance Act 1994

(No.

16)

Houses of the Oireachtas (Inquiries,

Privileges and Procedures) Act 2013

(No. 33)

Housing (Miscellaneous Provisions) Act

2002

(No. 9)

Independent Monitoring Commission Act

2003

(No. 40)

Industrial Development Act 1986

(No. 9)

Industrial Development Act 1993

(No. 19)

Industrial Relations Act 1946

(No.

26)

Industrial Relations Act 1969

(No.

14)

Industrial Relations Act 1990

(No.

19)

Industrial Relations Acts 1946

to 2012

Inland Fisheries Act 2010

(No.

10)

Interception of Postal Packets and

Telecommunications Messages (Regulation) Act 1993

(No. 10)

Interpretation Act 2005

(No.

23)

Irish Aviation Authority Act 1993

(No. 29)

Irish Film Board Act 1980

(No.

36)

Irish Horseracing Industry Act 1994

(No. 18)

Irish Medicines Board Act 1995

(No.

29)

Labour Services Act 1987

(No.

15)

Legal Services Ombudsman Act 2009

(No. 8)

Local Authorities (Officers and Employees)

Act 1926

(No. 39)

Local Government Act 2001

(No.

37)

Marine Institute Act 1991

(No.

Medical Practitioners Act 2007

(No.

25)

Milk (Regulation of Supply) Act

1994

(No. 25)

Ministers and Secretaries Act 1924

(No. 16)

National Archives Act 1986

(No.

11)

National Economic and Social Development

Office Act 2006

(No. 21)

National Lottery Act 1986

(No.

28)

National Oil Reserves Agency Act

2007

(No. 7)

National Sports Campus Development

Authority Act 2006

(No. 19)

National Tourism Development Authority Act

2003

(No. 10)

National Treasury Management Agency

(Amendment) Act 2000

(No. 39)

National Treasury Management Agency Act

1990

(No. 18)

Nurses and Midwives Act 2011

(No.

41)

Offences Against the State Act 1939

(No. 13)

Offences against the State Acts

1939 to 1998

Official Secrets Act 1963

(No.

Ombudsman (Defence Forces) Act 2004

(No. 36)

Ombudsman Act 1980

(No. 26)

Ombudsman Acts 1980 to 2012

Ombudsman for Children Act 2002

(No. 22)

Ordnance Survey Ireland Act 2001

(No. 43)

Organisation of Working Time Act

1997

(No. 20)

Pensions (Amendment) Act 2002

) (No.

18)

Pensions Act 1990

(No. 25)

Pensions Acts 1990 to 2012

Personal Insolvency Act 2012

(No.

44)

Petty Sessions (Ireland) Act 1851

(4 & 5 Vict., c. 93)

Postal and Telecommunications Services Act

1983

(No. 24)

Prisons Acts 1826 to 2007

Public Service Management (Recruitment and

Appointments) Act 2004

(No. 33)

Qualifications and Quality Assurance

(Education and Training) Act 2012

(No. 28)

Radiological Protection Act 1991

(No. 9)

Railway Safety Act 2005

(No.

31)

Residential Institutions Redress Act

2002

(No. 13)

Road Safety Authority Act 2006

(No.

14)

Road Traffic Acts 1961 to

2014

Roads Act 1993

(No. 14)

Safety, Health and Welfare at Work Act

2005

(No. 10)

Sea-Fisheries and Maritime Jurisdiction

Act 2006

(No. 8)

Social Welfare Acts

State Authorities (Public Private

Partnership Arrangements) Act 2002

(No. 1)

Taxes Consolidation Act 1997

(No.

39)

Transport (Railway Infrastructure) Act

2001

(No. 55)

Transport (Re-organisation of Córas

Iompair Éireann) Act 1986

(No. 31)

Tribunals of Inquiry (Evidence) Act

1921

(11 & 12 Geo. 5, c. 7)

Údarás na Gaeltachta Act

1979

(No. 5)

Veterinary Practice Act 2005

(No.

22)

Voluntary Health Insurance (Amendment) Act

1996

(No. 4)

Western Development Commission Act

1998

(No. 42)

Number

2014

FREEDOM OF INFORMATION ACT

2014

REVISED

Updated to

2 April 2025

An Act to enable members of the

public to obtain access, to the greatest extent possible consistent with the public

interest and the right to privacy, to information in the possession of public bodies,

other

bodies in receipt of funding from the State and certain other bodies and to enable

persons

to have personal information relating to them in the possession of such bodies corrected

and, accordingly, to provide for a right of access to records held by such bodies,

for

necessary exceptions to that right and for assistance to persons to enable them to

exercise

it, to provide for the independent review both of decisions of such bodies relating

to that

right and of the operation of this Act generally (including the proceedings of such

bodies

pursuant to this Act) and, for those purposes, to provide for the continuance of the

office

of Information Commissioner and to define its functions, to provide for the publication

such bodies of certain information about them relevant to the purposes of this Act,

repeal the

Freedom

of Information Act 1997

and the

Freedom of Information (Amendment) Act 2003

, to amend

the

Central Bank

Act 1942

, to amend the

Official Secrets Act 1963

, to repeal certain other enactments, and

to provide for related matters. [14

th October

, 2014]

Be it enacted by the Oireachtas

as follows

Annotations

Modifications (not altering

text)

Application of Act

restricted (20.09.2024) by

Patient Safety (Notifiable Incidents and Open

Disclosure) Act 2023

(10/2023), ss. 34, 60, S.I. No. 482 of 2024.

Restriction of Act of 2014 in

respect of notification made under this Part

34.

(1) The Act of 2014

shall not apply to a record of, or relating to, a notification made under

sections 27, 28

and

, additional

Part 4

information

provided under

section 31

, further

Part 4

information provided under

section 31

or any other provision of this Part which is held—

(a) pursuant to

section

, by the Authority,

(b) pursuant to

section

, by the chief inspector,

section

, by the Commission, or

(d) pursuant to

section

, by the State Claims Agency (within the meaning of section 8(6) of the

Act of 2000).

(2) Where information obtained

from a notification referred to in

subsection (1)

(including additional

Part 4

information and further

Part 4

information) is shared

under

section 32

, the Act of 2014 shall not apply to a record of, or

relating to, that notification (or that additional and further information) which

is held by the relevant body referred to in

section 32

with which it was

shared.

...

Restriction of Act of

2014

60.

(1) A record referred

to in subsection (2) shall not be disclosed under the Act of 2014.

(2) A record—

(a) of—

(i) a clinical audit to which

this Part applies, or

(ii) a component of, or

information provided in respect of, a clinical audit to which this Part applies,

and

(b) which is held by a health

services provider or health practitioner.

(3) In this section, “record”

has the meaning assigned to it by the Act of 2014.

Functions transferred and

references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief

executive" and "deputy chief executive" construed (16.05.2024) by

Local

Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions

(other than functions conferred by or under an enactment specified in Part 1 of

Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach

of Limerick City and County Council shall, on and after that day, vest in the

Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1)

that, immediately before the vesting day, vested in the chief executive of

Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 1 of

Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the

Cathaoirleach of Limerick City and County Council, be construed as a reference to

the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a

reference in any enactment (other than an enactment specified in Part 2 of

Schedule 1) to chief executive shall, in so far as that reference applies to the

chief executive of Limerick City and County Council, be construed as a reference

to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City

and County Council shall, on and after that day, vest in the Príomh

Chomhairleoir.

(2) From the vesting day, a

reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or

Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Príomh

Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the

context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day,

vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on

and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a

reference in any enactment to Leas-Chathaoirleach shall, in so far as that

reference applies to the Leas-Chathaoirleach of Limerick City and County Council,

be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a

reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under

section 148 of the Principal Act shall be known as the deputy director general of

Limerick City and County Council and is, in this Act, referred to as the “deputy

director general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day,

a reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County

Council, be construed as a reference to the deputy director general, or as

including a reference to the deputy director general, as the context may

require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of

Sections 10 and 23

Number and

Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),

178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and

220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,

13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule

14.

PART 2

Enactments for Purposes of

Sections 10 and 26

Number and

Year

(1)

Short Title

(2)

Provision

(3)

...

No. 30 of 2014

Freedom of Information Act 2014

The whole Act

...

Application of Act

restricted by

Central Bank (Supervisions and Enforcement) Act 2013

(26/2013), s. 34A(6)(b) as inserted (19.04.2023) by

Central Bank (Individual

Accountability Framework) Act 2023

(5/2023), s. 82, S.I. No. 176 of

2023.

Voluntary disclosure of

privileged legal material

[34A.

...

(6) The following do not apply

to disclosed material: ...

(b) the Freedom of Information

Act 2014.

...

]

Application of Act

restricted (27.03.2024) by

Judicial Appointments Commission Act 2023

(33/2023), s. 34, S.I. No. 114 of 2024.

Restriction of Freedom of

Information Act 2014

34.

(1) Without prejudice

to any other exemption contained in the Freedom of Information Act 2014 , that Act

shall not apply to a record (within the meaning of that Act) relating to—

(a) the process of selecting and

recommending persons for appointment or for nomination for appointment or election

to judicial office under

Part 4

, or

(b) a consultation under

section 56 (1)

57 (5)

, other than in so far as the record

relates to the general administration of the Commission.

(2)

Subsection (1)

applies to a record held by the Commission, the Minister, the Minister for Foreign

Affairs or the Government.

Application of Act

restricted by

Communications Regulation Act 2002

(20/2002), s. 62 as

inserted (9.06.2023) by

Communications Regulation and Digital Hub Development

Agency (Amendment) Act 2023

(4/2023), s. 133, S.I. No. 299 of 2023.

[Freedom of Information Act

not to apply to certain confidential information

62.

The Freedom of

Information Act 2014 shall not apply to information classified as confidential

which the Commission receives from the European Commission or from the national

regulatory authority or competent authority of another Member State in accordance

with Article 20 of Directive 2018/1972 of the European Parliament and of the

Council of 11 December 2018

]

Application of Act

restricted (9.06.2023) by

European Union (Electronic Communications Code)

Regulations 2022

(S.I. No. 444 of 2022), reg. 98(14), in effect as per reg.

1(2) as amended by S.I. No. 300 of 2023, reg. 2(a).

Information request to

undertakings

98. ...

(14) Where the Regulator or

another competent authority receives information classified as confidential from

the European Commission or from a national regulatory authority or competent

authority of another Member State under Article 20 of the Directive and the

Regulator or the other competent authority is satisfied that such information is

so classified in accordance with rules of commercial confidentiality of the

European Union or of the Member State from which the information originated, as

the case may be, they shall protect the confidentiality of such information. The

Freedom of Information Act 2014 shall not apply to such information.

...

Application of Act restricted (16.12.2019) by

Judicial Council Act

2019

(33/2019), s. 94, S.I. No. 640 of 2019.

Restriction of Freedom

of Information Act 2014

94.

(1) Without

prejudice to the exemption for records held by the courts, the Freedom of

Information Act 2014 shall not apply to a record relating to the making or

investigation, or the resolution by informal means, of a complaint under Part 5 or

an investigation pursuant to a referral under section 59 unless—

(a) the record was

created before the making of the complaint or the initiation of the investigation

under section 59, as the case may be, or

(b) the record relates to

the expenses of the Judicial Conduct Committee or a member thereof or a panel of

inquiry or a member thereof or other matters concerning the general administration

of that Committee or a panel of inquiry.