FOI Summary

The Freedom of Information Act 1997 brings Ireland into line with most European countries with regard to providing access to information held by Public Bodies. It seeks to make the business of Public Bodies more open and transparent and therefore increases accountability and public participation in their decision making. The Act is available online at the Department of Health's Website.

• Make a Request under the Freedom of Information Act, 1997.See below.
  
  Frequently Asked Questions

What is Freedom of Information?

Freedom of Information is an Act which was passed into Law on 21st April 1997 and became effective first on 21st April 1998. It became effective from the 21st October 1999 for the South Infirmary - Victoria University Hospital and provides every person with the following legal rights:

• The right to access official records held by the Public Bodies listed in the Act, e.g. Voluntary Hospitals, Health Boards and Local Authorities.
• The right to have personal information amended where such information is incomplete, incorrect or misleading; and
• The right to be given reasons for decisions taken by public bodies that effect them.
  
  These rights mean that from 21st October 1999, members of the public may seek access to personal information held on them, no matter when the information was created, subject to its availability.
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The Act requires bodies to respond to requests from the public for information they hold. Public bodies must acknowledge receipt of requests within 2 weeks and give their decision on a request normally within 4 weeks of receiving it. Staff of Public bodies must also assist members of the public seeking access to information.
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• Requests must be in writing, preferably on our application form
• For Third Party Requests / Requests for records of Deceased Persons, there is a different application form.
• State the request is made under the F.O.I. Act.
• State clearly the records or information you are looking for.
• Indicate the manner of access sought, i.e. copy of the record or to view originals.
• The F.O.I. Officer at the hospital can be contacted for any assistance you require e.g. to put your request in such a way that it complies with the requirements of the Act. Proof of identity has to be provided before access to personal information is granted. Proof of authorisation has to be provided before access to third party information is granted. 
  
• You will receive an acknowledgement of the request within two weeks and a decision within four weeks of the date the request was received.
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Can other people gain access to my personal records?

No, only you can gain access to your personal records, unless you give your authorisation for someone else to access them on your behalf.
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Can I get access to any information that I seek?

Access to any official information held by the hospital can be sought under the Act. However, in order to allow the hospital business to be properly conducted and to comply with the requirements it will sometimes be necessary to exempt from release certain types of information. These exemptions are set out in the Act. Among the exemptions are:

• Personal information (other than information relating to the person making the request).
• Information supplied to the hospital in confidence.
• Law enforcement and Public Safety.
• Commercially sensitive information
• Deliberations of Public Bodies
• Functions and Negotiations of Public Bodies.

While the hospital will seek to protect the privacy of individuals and information supplied in confidence, in certain circumstances it may be in the public interest to release such information.
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Is there a charge for accessing information under the F.O.I. Act?
Personal information will normally be given free of charge. However, charges may apply to other categories of information.
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What can I do if I am unhappy with a decision on my request, e.g. where access has been refused, deferred or only partially granted?

• You may appeal the decision to the Internal Reviewer of the Hospital within 4 weeks of notification of decision.
• You may appeal to the Information Commissioner against the decision of the hospital's Internal Reviewer within 6 months of notification of decision.
• You may appeal to the High Court on a point of law only.
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What can I do if I want my personal information amended?

• The F.O.I. act gives you the right to ask to have anything on a record about you held by the hospital changed, if you believe it is - incorrect, incomplete or misleading.
• You can complete our form (Application for Amendment of Personal Information) if you believe this to be the case. You should also provide any information which will support the changes you want.
• If you wish to view your amended record you will need to provide proof of identity.
• You may appeal the decision if you are not satisfied to the Internal Reviewer (within four weeks) or to the Information Commissioner (within six months).

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Is it always necessary to make a F.O.I. request to get information from the hospital?

No- You may be able to obtain the information you require by other means such as:

• By discussion with the relevant member of the hospital staff.
• By information leaflets, etc. which the hospital publishes.
• By administrative access, i.e. by writing to the F.O.I. Officer of the hospital stating the information/record requested. An application form is available if you wish to request same. Routine requests for records/information are co-ordinated through the F.O.I. office and may necessitate to be dealt with under F.O.I. depending on the particular circumstances. Every effort is made to issue records/information requested outside F.O.I. on a routine basis.
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As required by the Freedom of Information Act, 1997 the hospital has produced information leaflets and a manual i.e. section 15/16 F.O.I. Manual.

The South Infirmary - Victoria University Hospital has produced a number of documents in line with the requirement of the Act:
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The Section 15 Manual:

The manual published under Section 15 provides a general overview of the hospital's structure and organisation, objectives, functions, purpose and duties, services provided and the procedures by which those services may be accessed by the public. It also contains a general description of the classes of records held by the hospital. It also details how information may be accessed and how to make a Freedom of Information request. It also advises of the Rights of Review and appeal and fees.

The Section 16 portion of the Manual:

The manual published under Section 16 details the legislative framework which applies to the hospital. Also listed are the policies, procedures, guidelines etc. governing the administration of services provided. Also detailed is the eligibility criteria for accessing services, our appeals/complaints procedure and relevant contact details.

This reference book is available at the Hospital, Citizen Information Centres, and Public Libraries.

Application Form      
To make a standard request, please download the application form and print it out by clicking 'Print' from the 'File' menu.

For Third Party Requests, or Requests for records of Deceased Persons, there is a different application form.