[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.3 S.15
(a) a record that is available for inspection by members of the public whether upon
payment or free of charge, or
(b) a record a copy of which is available for purchase or removal free of charge by
members of the public,
whether by virtue of an enactment (other than this Act) or otherwise.
(3) A record shall not be within subsection (2) by reason only of the fact that it contains
information constituting personal data to which the Data Protection Acts 1988 and
2003 apply.
(4) A head shall not refuse, pursuant to paragraph (b) or (c) of subsection (1), to grant an
FOI request unless he or she has assisted, or offered to assist, the requester concerned
in an endeavour so as to amend the request for re-submission such that it no longer
falls within those paragraphs.
Deferral of access to records
16. (1) Where an FOI request is made, and—
(a) the record concerned was prepared solely for the information of either or both of
the Houses of the Oireachtas or a committee of either or both of such Houses and
copies of the record are intended to be laid before either or both of such Houses
or given to such a committee or otherwise published to members of either or both
of such Houses or such a committee on a day falling within a reasonable period
after the receipt by the head concerned of the request (the “specified day”), or
(b) information contained in the record concerned falls within paragraph (b), (d) or
(e) of section 29(2) and the giving of access to the record on or before a particular
day (the “specified day”) would, in the opinion of the head concerned, be
contrary to the public interest, or
(c) the record concerned is held by a Department of State and the Minister of the
Government in whom functions in relation to that Department are vested
considers that the record or part thereof or any matter to which it relates is of
such interest to the public generally that he or she intends to inform either or both
of the Houses of the Oireachtas of the contents of the record or part or of the
matter or otherwise to publish the contents of the record or part or information
relating to the matter on a day not later than one week after the appropriate time
specified in section 13(3) (the “specified day”),
the head concerned may defer the offering of access to the record to the requester
concerned until the day immediately after the specified day.
(2) Section 13(3) shall be construed and have effect in relation to a case in which the
offering of access to a record is deferred under this section as if—
(a) paragraph (a) thereof required access to the record to be offered to the requester
concerned forthwith upon the expiration of the period of the deferral and the
record to be kept available for the purpose of such access for a period of 4 weeks
thereafter, and
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