Legalize / Ireland / Act

Freedom of Information Act 2014

Type Act

Publication 2014-10-14

Last updated 2026-07-31

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 55

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

42 amending acts · 2026-07-31, revised-IE-2014-act-30@2026-07-31

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

Reform history JSON API

(b) information of the same kind as that contained in the record in respect of persons generally or a class of persons that is, having regard to all the circumstances, of significant size, is available to the general public,

(d) information contained in the record was given to the FOI body concerned by the person to whom it relates and the person was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or

(e) disclosure of the information concerned is necessary in order to avoid a serious and imminent danger to the life or health of an individual or to the environment,

but, in a case falling within paragraph (a) or (c), the head shall ensure that, before granting the request, the identity of the requester or, as the case may be, the consent of the person is established to the satisfaction of the head.

(3) Subject to section 38, subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request.

(4) Where—

(a) an FOI request relates to a record to which subsection (1) applies but to which subsections (2) and (3) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned the disclosure of the existence or non-existence of the record would have an effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

37. Personal information

37. (1) Subject to this section, a head shall refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information (including personal information relating to a deceased individual).

(2) Subsection (1) does not apply if—

(a) subject to subsection (3), the information concerned relates to the requester concerned,

(b) any individual to whom the information relates consents, in writing or such other form as may be determined, to its disclosure to the requester,

(c) information of the same kind as that contained in the record in respect of individuals generally, or a class of individuals that is, having regard to all the circumstances, of significant size, is available to the general public,

(d) the information was given to the FOI body concerned by the individual to whom it relates and the individual was informed on behalf of the body, before its being so given, that the information belongs to a class of information that would or might be made available to the general public, or

(e) disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual,

but, in a case falling within paragraph (a) or (b), the head concerned shall ensure that, before the FOI request concerned is granted, the identity of the requester or, as the case may be, the consent of the individual is established to the satisfaction of the head.

(3) Where an FOI request relates to—

(a) a record of a medical or psychiatric nature relating to the requester concerned, or

(b) a record kept for the purposes of, or obtained in the course of the carrying out of, social work in relation to the requester,

and, in the opinion of the head concerned, disclosure of the information concerned to the requester might be prejudicial to his or her physical or mental health, well-being or emotional condition, the head may decide to refuse to grant the request.

(4) Where, pursuant to subsection (3), a head refuses to grant an FOI request—

(a) there shall be included in the notice under section 13(1) in relation to the matter a statement to the effect that, if the requester requests the head to do so, the head will offer access to the record concerned, and keep it available for that purpose, in accordance with section 13(3) to such health professional having expertise in relation to the subject-matter of the record as the requester may specify, and

(b) if the requester so requests the head, he or she shall offer access to the record to such health professional as aforesaid, and keep it available for that purpose, in accordance with section 13(3).

(5) Where, as respects an FOI request the grant of which would, but for this subsection, fall to be refused under subsection (1), in the opinion of the head concerned, on balance—

(a) the public interest that the request should be granted outweighs the public interest that the right to privacy of the individual to whom the information relates should be upheld, or

(b) the grant of the request would benefit the individual aforesaid,

the head may, subject to section 38, grant the request.

(6) Where—

(a) an FOI request relates to a record to which subsection (1) applies but to which subsection (2) and (5) do not apply or would not, if the record existed, apply, and

(b) in the opinion of the head concerned the disclosure of the existence or non- existence of the record would have the effect specified in subsection (1),

he or she shall refuse to grant the request and shall not disclose to the requester concerned whether or not the record exists.

(7) Notwithstanding paragraph (a) of subsection (2), a head shall, subject to paragraphs (b) to (e) of that subse ction and subsections (5) and (8), refuse to grant an FOI request if, in the opinion of the head, access to the record concerned would, in addition to involving the disclosure of personal information relating to the requester, also involve the disclosure of personal information relating to an individual or individuals other than the requester.

(8) Notwithstanding subsection (1), the Minister may provide by regulations for the grant of an FOI request where—

(a) the individual to whom the record concerned relates belongs to a class specified in the regulations and the requester concerned is the parent or guardian of the individual, or

(b) the individual to whom the record concerned relates is dead and the requester concerned is a member of a class specified in the regulations.

(9) In this section “health professional” means a medical practitioner, within the meaning of the Medical Practitioners Act 2007, a registered dentist, within the meaning of the Dentists Act 1985, or a member of any other class of health worker or social worker standing prescribed, after consultation with such (if any) other Ministers of the Government as the Minister considers appropriate.

38. Procedure in relation to certain FOI requests to which section 35, 36 or 37 applies

38. (1) In this section “request to which this section applies” means an FOI request to which section 35(3), section 36(3) or section 37(5)(a) applies and which, apart from this section, would fall to be granted.

(2) Subject to subsection (6), before deciding whether to grant a request to which this section applies, a head shall, not later than 2 weeks after the receipt of the request—

(a) if the request is one to which section 35(3) applies, cause the person who gave the information concerned to the FOI body concerned and, if the head considers it appropriate, the person to whom the information relates, or

(b) if the request is one to which section 36(3) or 37(5)(a)applies, cause the person to whom the information relates,

to be notified, in writing or in such other form as may be determined—

(i) of the request and that, apart from this section, it falls, in the public interest, to be granted,

(ii) that the person may, not later than 3 weeks after the receipt of the notification, make submissions to the head in relation to the request, and

(iii) that the head will consider any such submissions before deciding whether to grant or refuse to grant the request.

(3)
(a) The head may, as respects a request to which this section applies received by him or her, extend the period specified in subsection (2) for compliance with that subsection by such period as he or she considers necessary but not exceeding a period of 2 weeks if in the opinion of the head—

(i) the request relates to such number of records, or

(ii) the number of persons required by subsection (2) to be notified of the matters referred to in paragraph (i) to (iii) of that subsection is such,

that compliance with that subsection within the period specified therein is not reasonably possible.

(b) Where a period is extended under this subsection, the head concerned shall cause notice in writing, or in such other form as may be determined, to be given to the requester concerned, before the expiration of the period, of the extension and the period thereof and reasons therefor.

(c) The reference in subsection (2) to 2 weeks shall be construed in accordance with any extension under this subsection of that period.

(4) A person who receives a notification under subsection (2) may, not later than 3 weeks after such receipt, make submissions to the head concerned in relation to the request to which this section applies referred to in the notification and the head—

(a) shall consider any such submissions so made before deciding whether to grant the request,

(b) shall cause the person to be notified in writing or in such other form as may be determined of the decision, and

(c) if the decision is to grant the request, shall cause to be included in the notification particulars of the right of review of the decision under section 22, the procedure governing the exercise of that right and the time limit governing such exercise.

(5) Subject to subsection (6), a head shall make a decision whether to grant a request to which this section applies, and shall comply with subsection (4) in relation thereto, not later than 2 weeks after—

(a) the expiration of the time specified in subsection (4), or

(b) the receipt of submissions under that subsection in relation to the request from those concerned,

whichever is the earlier, and section 13(1) shall be construed and shall have effect accordingly.

(6) If, in relation to a request to which this section applies, the head concerned is unable to comply with subsection (2), having taken all reasonable steps to do so, the head shall, if the Commissioner consents to the non-compliance, make a decision whether to grant or refuse the request not later than 7 weeks after the receipt of the request and in such a case section 13(1) shall be construed and shall have effect accordingly.

(7) If, in relation to a request to which this section applies, the Commissioner does not consent, pursuant to subsection (6), to non-compliance with subsection (2), he or she shall direct the head concerned to take specified steps within a specified period for the purpose of complying with subsection (2) and if, having taken those steps within that period or such further period as the Commissioner may specify, the head is unable to comply with that subsection, he or she shall, as soon as may be, make a decision whether to grant or refuse the request.

39. Research and natural resources

39. (1) A head may refuse to grant an FOI request if, in the opinion of the head—

(a) the record concerned contains information in relation to research being or to be carried out by or on behalf of an FOI body and disclosure of the information or its disclosure before the completion of the research would be likely to expose the body, any person who is or will be carrying out the research on behalf of the body or the subject matter of the research to serious disadvantage, or

(b) disclosure of information contained in the record could reasonably be expected to prejudice the well-being of a cultural, heritage or natural resource or a species, or the habitat of a species, of flora or fauna.

(2) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

40. Financial and economic interests of the State

40. (1) A head may refuse to grant an FOI request in relation to a record (and, in particular, but without prejudice to the generality otherwise of this subsection, to a record to which subsection (2) applies) if, in the opinion of the head—

(a) access to the record could reasonably be expected to have a serious, adverse effect on the ability of the Government to manage the national economy or on the financial interests of the State,

(b) premature disclosure of information contained in the record could reasonably be expected to result in undue disturbance of the ordinary course of business generally, or any particular class of business, in the State and access to the record would involve disclosure of the information that would, in all the circumstances, be premature,

(c) access to the record could reasonably be expected to have a negative impact on decisions by enterprises to invest or expand in the State, on their research activities or on the effectiveness of the industrial development strategy of the State, particularly in relation to the strategies of other states, or

(d) access to the record could reasonably be expected to result in an unwarranted benefit or loss to a person or class of persons.

(2) This subsection applies to a record relating to—

(a) rates of exchange or the currency of the State,

(b) taxes, revenue duties or other sources of income for the State, a local authority or any other public body,

(d) borrowing by or on behalf of the State or a public body,

(e) the regulation or supervision by or on behalf of the State or a public body of the business of banking or insurance or the lending of money or of other financial business or of institutions or other persons carrying on any of the businesses aforesaid,

(f) dealings in securities or foreign currency,

(g) the regulation or control by or on behalf of the State or a public body of wages, salaries or prices,

(h) proposals in relation to expenditure by or on behalf of the State or a public body including the control, restriction or prohibition of any such expenditure,

(i) property or other assets held by or on behalf of the State or a public body and transactions or proposed or contemplated transactions involving such property, or other assets,

(j) foreign investment in enterprises in the State,

(k) industrial development in the State,

(l) trade between persons in the State and persons outside the State,

(m) trade secrets or financial, commercial, industrial, scientific or technical information belonging to the State or a public body, that are of substantial value or reasonably likely to be of substantial value,

(n) information the disclosure of which could reasonably be expected to affect adversely the competitive position of a public body in relation to activities carried on by it on a commercial basis,

(o) the economic or financial circumstances of a public body,

(p) investment or provision of financial support by or on behalf of the State or a public body,

(q) liabilities of the State or a public body, or

(r) advising on or managing public infrastructure projects, including public private partnership arrangements (within the meaning of the State Authorities (Public Private Partnership Arrangements) Act 2002).

(3) Subsection (1) does not apply in relation to a case in which, in the opinion of the head concerned, the public interest would, on balance, be better served by granting than by refusing to grant the FOI request concerned.

41. Enactments relating to non-disclosure of records

41. (1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

(b) the non-disclosure of the record is authorised by any such enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record.

(2) A joint committee of both Houses of the Oireachtas shall, if authorised in that behalf by both such Houses (and such a committee so authorised is referred to subsequently in this section as “the committee”)—

(a) review from time to time the operation of any provisions of any enactment that authorise or require the non-disclosure of a record (other than a provision specified in the said column (3) ) for the purpose of ascertaining whether, having regard to the provisions, purposes and spirit of this Act—

(i) any of those provisions should be amended or repealed, or

(ii) a reference to any of them should be included in the said column (3),

and

(b) prepare and furnish to each such House a report in writing of the results of the review aforesaid and, if it considers it appropriate to do so, include in the report recommendations in relation to the amendment, repeal or continuance in force of, or the inclusion in the said column (3) of a reference to, any of those provisions.

(3) A Minister of the Government shall, in accordance with subsection (6), prepare and furnish to the committee reports in writing—

(a) specifying, as respects any enactments that confer functions on that Minister of the Government or on an FOI body in relation to which functions are vested in that Minister of the Government, any provisions thereof that authorise or require the non-disclosure of a record, and

(b) specifying whether, in the opinion of that Minister of the Government and (where appropriate) any such FOI body, formed having regard to the provisions, purposes and spirit of this Act—

(i) any of the provisions referred to in paragraph (a) should be amended, repealed or allowed to continue in force, or

(ii) a reference to any of them should be included in the said column (3),

and outlining the reasons for the opinion.

(4) A Minister of the Government shall cause a copy of a report prepared by him or her under subsection (3) to be furnished to the Commissioner and to be laid before each House of the Oireachtas.

(5) The Commissioner may, and shall, if so requested by the committee, furnish to the committee his or her opinion and conclusions in relation to a report under subsection (3) or any matter contained in or arising out of such a report or any matter relating to or arising out of the operation of this section.

(6) The first report under subsection (3) of a Minister of the Government shall be furnished by him or her in accordance with that subsection not later than 30 days after the fifth anniversary of the day on which the last previous report, under section 32(3) of the Act of 1997, by him or her was furnished to the joint committee concerned, and subsequent reports under subsection (3) of that Minister of the Government shall be so furnished not later than 30 days after the fifth anniversary of the last previous such report by him or her was so furnished.

PART 5 Restriction of Act

42. Restriction of Act

42. This Act does not apply to—

(a) a record held by—

(i) the courts, or

(ii) a service tribunal within the meaning of section 161 of the Defence Act 1954,

and relating to, or to proceedings in, a court or such a tribunal, other than—

(I) a record that relates to proceedings in a court or such a tribunal held in public but was not created by the court or tribunal and whose disclosure to the general public is not prohibited by the court or the tribunal, or

(II) a record relating to the general administration of the courts or the offices of the courts or such a tribunal or any offices of such a tribunal,

(b) a record held or created by the Garda Síochána that relates to any of the following:

(i) the Emergency Response Unit;

(ii) the Secret Service Fund maintained by it;

(iii) the Special Detective Unit (SDU);

(iv) the witness protection programme sponsored by it;

(v) the Security and Intelligence Section;

(vi) the management and use of covert intelligence operations;

(vii) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;

(viii) the Criminal Justice (Terrorist Offences) Act 2005;

(ix) the Criminal Justice (Surveillance) Act 2009;

(x) the Communications (Retention of Data) Act 2011,

(i) the Criminal Assets Bureau,

(ii) the Defence Forces relating to—

(I) the Offences against the State Acts 1939 to 1998,

(II) section 170 of the Defence Act 1954,

(III) the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993,

(IV) the Criminal Justice (Terrorist Offences) Act 2005,

(V) the Criminal Justice (Surveillance) Act 2009,

(VI) the Communications (Retention of Data) Act 2011, or

(VII) the Data Protection Acts 1988 and 2003 in respect of the statutory powers of an officer under section 8 of the Data Protection Act 1988,

(iii) the Independent Commission for the Location of Victims’ Remains (within the meaning of the Criminal Justice (Location of Victims’ Remains) Act 1999), F6[…]

(iv) the Independent Monitoring Commission F7[(within the meaning of the Independent Monitoring Commission Act 2003), and],

F8[(v) the Independent Reporting Commission established by the Agreement (within the meaning of the Independent Reporting Commission Act 2017),]

(d) a record relating to—

(i) an inquiry within the meaning of section 42 of the Garda Síochána Act 2005 F9prior to the repeal of that section by [section 5](https://www.irishstatutebook.ie/eli/2024/act/1/section/5) of the [Policing, Security and Community Safety Act 2024], whether the record concerned is held by—

(I) persons conducting the inquiry, or

(II) on the dissolution of the inquiry, any other body having custody of such a record,

other than—

(A) a record relating to the appointment of a person to conduct an inquiry under section 42 of the Garda Síochána Act 2005, or

(B) a record relating to the expenses or other matters concerning the general administration of an inquiry under that section,

F9[(da) a record relating to an inquiry within the meaning of Chapter 8 of Part 2 of the Policing, Security and Community Safety Act 2024, whether the record concerned is held by—

(i) an appointed person (within the meaning of that Chapter), or

(ii) on the dissolution of the inquiry, any other body having custody of such a record,

other than—

(I) a record relating to the appointment of an appointed person (within the meaning of that Chapter), or

(II) a record relating to the expenses or other matters concerning the general administration of an inquiry under that Chapter,

(db) a record held or created by the Independent Examiner of Security Legislation,]

(e) a record relating to—

(i) an inquiry into any matter by a tribunal to which the Tribunals of Inquiry (Evidence) Act 1921, is applied, whether the record concerned—

(I) is held by the tribunal of inquiry, or

(II) is deposited with a person, or at a place, in compliance with the requirements of a notice under section 46(1) of the Civil Law (Miscellaneous Provisions) Act 2011 given to the chairman or former chairman, as the case may be, of the tribunal of inquiry,

(ii) an investigation by a commission of investigation within the meaning of the Commissions of Investigation Act 2004, whether the record concerned is held by—

(I) the commission of investigation,

(II) the specified Minister after being deposited with him or her under section 43(2) of the Commissions of Investigation Act 2004,

(III) a tribunal of inquiry after being made available to it under section 45 of that Act, or

(IV) a body after being transferred to it on the dissolution of a tribunal of inquiry to which the record was made available under section 45 of that Act,

other than—

(A) a record created before the appointment of the tribunal or the making of the order establishing the commission, or

(B) a record relating to the expenses of the tribunal or commission or other matters concerning the general administration of the tribunal or commission,

F10[(ea) a record held by the CervicalCheck Tribunal (in this paragraph referred to as "the Tribunal") or, after the Tribunal has been dissolved, the Minister for Health, relating to the Tribunal, other than a record relating to the expenses of the Tribunal or other matters concerning the general administration of the Tribunal,]

F11[(eb) a record relating to an investigation under section 15, 30, 47, 76 or 88 of the Assisted Decision-Making (Capacity) Act 2015 that has been, or is being, carried out by the Director of the Decision Support Service or a person to whom he or she has delegated his or her functions under section 98(2) of that Act.]

(f) a record held or created by the Attorney General or the Director of Public Prosecutions or the Office of the Attorney General or the Office of Director of Public Prosecutions, other than a record relating to general administration,

(g) a record relating to an audit, inspection, investigation or examination carried out by the Comptroller and Auditor General under the Comptroller and Auditor General Acts 1923 to 1993, the Exchequer and Audit Department Acts 1866 and 1921, or any other enactment, other than —

(i) such a record that was created before the commencement of the investigation, audit, inspection or examination aforesaid, or

(ii) a record relating to the general administration of the Office of the Comptroller and Auditor General,

(h) a record relating to the President,

(i) a record held by the Central Bank of Ireland, the disclosure of which is prohibited by—

(i) the Rome Treaty,

(ii) the ESCB Statute, or

(iii) any of the Supervisory Directives,

within the meaning of the Central Bank Act 1942,

(j) a record given by an FOI body to a member of the Government or a Minister of State for use by him or her for the purposes of any proceedings in either House of the Oireachtas or any committee of either or both of such Houses or any subcommittee of such a committee (including such proceedings in relation to questions put by members of either such House to members of the Government or Ministers of State (whether answered orally or in writing)),

F12[(ja) a record relating to a report, within the meaning of the Protected Disclosures Act 2014 , made under that Act, whether the report was made before or after the date of the passing of the Protected Disclosures (Amendment) Act 2022,]

(k) a record relating to any of the private papers (within the meaning of Article 15.10 of the Constitution) of a member of either House of the Oireachtas or an official document of either or both of such Houses that is required by the rules or standing orders of either or both of such Houses to be treated as confidential,

(l) unless consent has been lawfully given for its disclosure, a record relating to any private paper or confidential communication, within the meaning of Part 10 of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013, or official document, within the meaning of Part 11 of that Act, or

(m) a record relating to information whose disclosure could reasonably be expected to reveal, or lead to the revelation of—

(i) the identity of a person who has provided information in confidence in relation to the enforcement or administration of the law to an FOI body, or where such information is otherwise in its possession, or

(ii) any other source of such information provided in confidence to an FOI body, or where such information is otherwise in its possession.

PART 6 The Information Commissioner

43. Continuance of office of Information Commissioner

43. (1) Notwithstanding the repeal of the Act of 1997 by section 5, the office of the Information Commissioner shall continue in being and the holder of the office shall continue in office and be known as the Information Commissioner.

(2) The Commissioner shall be a corporation sole with perpetual succession and an official seal and with power—

(a) to sue and be sued, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Commissioner shall be independent in the performance of his or her functions.

(4) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

(5)
(a) Subject to this section, Schedule 2 shall have effect in relation to the Commissioner.

(b) Section 2(6) of the Ombudsman Act 1980 shall not apply to a person who holds the office of Ombudsman and also holds the office of Commissioner.

(c) Paragraph 5 of Schedule 2 shall not have effect in relation to remuneration in a case where the person who holds the office of Ombudsman also holds the office of Commissioner.

44. Review of operation of Act and investigations by Commissioner

44. (1) The Commissioner shall keep the operation of this Act under review and may carry out an investigation at any time into the practices and procedures adopted by FOI bodies generally or any particular FOI body or FOI bodies for the purposes of compliance with—

(a) the provisions of this Act generally, or

(b) any particular provisions of this Act.

(2) The Commissioner may at any time carry out an investigation into the practices and procedures adopted by FOI bodies or any particular FOI body or FOI bodies for the purposes of enabling persons to exercise the rights conferred by this Act and facilitating such exercise.

(3) The Commissioner may at any time prepare a report, in writing or such other form as may be determined—

(a) of his or her findings and conclusions resulting from the performance of any function under subsection (1) or (2), or

(b) on any matter relating to or arising out of the performance of such a function.

(4) The Commissioner shall, if he or she considers it appropriate to do so, cause a copy of a report under this section to be furnished to the Minister and to each FOI body concerned and shall cause a copy of the report to be appended to the report under section 47(2) prepared next after the preparation of the first-mentioned report.

45. Powers of Commissioner

45. (1) The Commissioner may, for the purposes of a review under section 22 or an investigation under section 44—

(a) require any person who, in the opinion of the Commissioner, is in possession of information, or has a record in his or her power or control, that, in the opinion of the Commissioner, is relevant to the purposes aforesaid to furnish to the Commissioner any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and

(b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the Commissioner, is relevant to the review or investigation and for those purposes take possession of any such record, remove it from the premises and retain it in his or her possession for a reasonable period.

(2) The Commissioner may for the purposes of such a review or investigation as aforesaid enter any premises occupied by an FOI body and there—

(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the Commissioner, is relevant to those purposes, and

(b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises.

(3) Subject to subsection (4), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid.

(4) A person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as a witness in a court.

(5) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes of a review under section 22, or an investigation under section 44, attends before the Commissioner or furnishes information or a record or other thing to him or her—

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

(b) allowances by way of compensation for loss of his or her time,

of such amount as may be determined by the Minister.

(6) Subject to this Act, the procedure for conducting a review under section 22 or an investigation under section 44 shall be such as the Commissioner considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the Commissioner.

(7) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both.

(8) Where an FOI body fails to comply with a binding decision of the Commissioner under this Act, the Information Commissioner may apply to the court for an order to oblige the FOI body to comply with the decision.

(9) This section does not apply to a record in respect of which a certificate under section 34 is in force.

(10) F13[…]

F14[(10) Subsection (2) shall not apply to—

(a) information, documents or things, or classes thereof prescribed by regulations under paragraph (a) of section 260 of the Policing, Security and Community Safety Act 2024, or

(b) Garda Síochána premises prescribed by regulations under paragraph (b) of that section, except to the extent specified in a direction of the Minister for Justice.]

(11) F13[…]

(12) The Commissioner shall comply with the provisions on professional secrecy in—

(a) the Rome Treaty,

(b) the ESCB Statute, or

(within the meaning of the Central Bank Act 1942) in holding and dealing with information contained in records provided to him or her by the Bank under this Act.

46. Publication of commentaries by Commissioner on practical application, etc., of Act

46. The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act, including commentaries based on the experience of holders of the office of Commissioner in relation to reviews, and decisions following reviews, of such holders under section 22.

47. Reports of Commissioner

47. (1) The Commissioner shall publish—

(a) any decision in relation to any review under section 22, and

(b) when proceedings have concluded, a summary of any appeal under section 24.

(2) The Commissioner shall annually prepare a report in relation to his or her activities under this Act in the previous year, append to the report a copy of any report furnished to him or her under section 34(11), and cause copies of the report and copies of any reports furnished under section 34(11) to be laid before each House of the Oireachtas.

(3) The Commissioner may, if he or she considers it appropriate to do so in the public interest or in the interests of any person, prepare and publish a report in relation to any investigation, or review carried out or other function performed, by him or her under this Act or any matter relating to or arising in the course of such an investigation, review or performance.

PART 7 Miscellaneous

48. Code of practice and guidelines

48. (1) The Minister may draw up and publish a code of practice (the “code”) and guidelines (including guidelines in relation to matters contained in the code) for the effective and efficient operation of this Act to assist FOI bodies in the performance of their functions under this Act.

(2) The code may include provisions to promote the publication of official and other information held by FOI bodies that might otherwise be the subject of FOI requests.

(3) FOI bodies shall have regard to the code and any guidelines in the performance of their functions under this Act.

(4) Notice of the making of a code under this section shall be published in Iris Oifigiúil as soon as convenient after the making thereof.

49. Immunity from legal proceedings

49. (1) This section applies to—

(a) an act consisting of the publication under section 8 of a document specified in that section,

(b) an act consisting of the furnishing to a person under section 10 of a statement specified in that section, or

(c) an act consisting of the grant or the grant in part under section 13 or by virtue of section 21 or 22 of an FOI request,

being an act that was required or authorised by, and complied with the provisions of, this Act or was reasonably believed by the head concerned to have been so required or authorised and to comply with this Act.

(2) Subject to this section, civil or criminal proceedings shall not lie in any court—

(a) against—

(i) the State,

(ii) an FOI body,

(iii) a head,

(iv) a director or a member of the staff of an FOI body, or

(v) a service provider,

in respect of an act to which this section applies or any consequences of such an act, or

(b) against the author of a record to which an act specified in subsection (1)(c) relates or any other person in respect of any publication involved in, or resulting from, that act by reason of that author or other person having supplied the record to the FOI body.

(3) Subsection (2) does not apply in relation to proceedings for breach of a duty imposed by section 8.

(4) Civil or criminal proceedings shall not lie in any court against the Commissioner or a member of the staff of the Commissioner in respect of anything said or done in good faith by the Commissioner or member in the course of the performance or purported performance of a function of the Commissioner or member.

(5) The grant of an FOI request shall not be taken as constituting an authorisation or approval of the doing by the requester concerned, in relation to any sound recording or film, contained in the record concerned, of any act otherwise prohibited.

(6) Without prejudice to the generality of subsection (5), the grant of an FOI request shall not be taken as constituting an authorisation or approval—

(a) for the purposes of the law relating to defamation or breach of confidence, of the publication of the record concerned or any information contained therein by the requester concerned or any other person, or

(b) for the purposes of the law of copyright, of the doing by the requester concerned of any act restricted by copyright in—

(i) any literary, dramatic, musical or artistic work,

(ii) any sound recording, film or broadcast,

(iii) the typographical arrangement of a published edition, or

(iv) an original database,

contained in the record concerned.

(7) A word or expression that is used in subsection (5) or (6) and is also used in the Copyright and Related Rights Act 2000 has in those subsections the same meaning as in that Act.

50. Amendment of Central Bank Act 1942

50. Section 33AK(5) of the Central Bank Act 1942 is amended by substituting for paragraph (as) the following:

“(as) for the purposes of contractual or institutional protection schemes as referred to in Article 113(7) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013¹, or

(at) to the Information Commissioner that is required for the performance of that Commissioner’s functions under the Freedom of Information Act 2014.”

51. Amendment of Official Secrets Act 1963

51. (1) A person who is, or reasonably believes that he or she is, authorised by this Act to communicate official information to another person shall be deemed for the purposes of section 4 of the Official Secrets Act 1963 to be duly authorised to communicate that information.

(2) In a prosecution for an offence under section 5 or 9 of that Act, it shall be a defence to prove that the act to which the charge of the offence relates is authorised, or is reasonably believed by the person charged to be authorised, by this Act.

52. Offence and penalty

52. Where an FOI request has been made in respect of a record, a person who without lawful excuse and with intention to deceive destroys or materially alters a record shall be guilty of an offence and be liable on summary conviction to a class B fine.

53. Proceedings for offences

53. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.

(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person who, when the offence was committed, was a director, a member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

54. Saver

54. (1) Subject to subsection (2), and notwithstanding section 26(2)(d) or any other provision of the Interpretation Act 2005, regulations made under the Act of 1997 shall cease to be in force on the commencement of this Act.

(2) The Regulations specified in Schedule 5 shall continue in force as if made under this Act and may be amended or revoked accordingly.

55. Transitional provisions

55. (1) Any action commenced under the Act of 1997 but not completed before the commencement of section 5 of this Act shall continue to be performed and shall be completed after such commencement as if the Act of 1997 had not been repealed.

(2) Where, immediately before the commencement of section 5, any legal proceedings are pending to which the Commissioner is a party, the proceedings may continue as if the Act of 1997 had not been repealed.

SCHEDULE 1

Section 6

Part 1 Partially Included Agencies

Section 6 does not include a reference to—

(a) the Adoption Authority of Ireland, insofar as it relates to records concerning, or arising from, the making of an adoption order or the recognition of an intercountry adoption effected outside the State, within the meaning of the Adoption Act 2010;

(b) the Central Bank of Ireland, insofar as it relates to—

(i) records held by it containing—

(I) confidential personal information relating to the financial or business affairs of any individual, or

(II) confidential financial, commercial or regulatory information relating to the business affairs of any person who holds or has held or who has applied for a licence, authorisation, approval or registration from the Central Bank of Ireland, or is otherwise regulated by the Central Bank of Ireland,

that the Central Bank of Ireland has received for the purposes of performing, or in the discharge of, any of its statutory functions (other than when that information is contained in records in summary or aggregate form, such that persons cannot be identified from the record), and

(ii) records—

(I) held by the Central Bank of Ireland on the Central Credit Register established by it under section 5(1), or

(II) produced by the Central Bank of Ireland under section 30(1),

of the Credit Reporting Act 2013 (No. 45 of 2013);

(c) The Commission to Inquire into Child Abuse, in the performance of its functions under the Commission To Inquire Into Child Abuse Act 2000, other than insofar as it relates to records concerning the general administration of those functions;

(d) the Office of the Commissioner for Environmental Information, in the performance of its functions under the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), other than insofar as it relates to records concerning the general administration of those functions;

(e) the Credit Union Restructuring Board (ReBo), insofar as it relates to any records held by it containing personal or confidential information (including confidential financial or commercial information) concerning the business of any person or body, whether corporate or incorporate, held by that Board for the purposes of performing any of its statutory functions, other than where that information is presented in such a manner (whether aggregated, summarised or otherwise, or relating to more than one person) that ensures that no such personal or confidential information is disclosed and that no person or body can be identified from the records or information concerned;

(f) the Data Protection Commissioner, or an officer of the Commissioner, in relation to a record (save as regards a record concerning the general administration of the Office of the Commissioner);

(g) the Director of Corporate Enforcement, or an officer of the Director, in relation to a record held or created under the Companies Acts (save as regards a record concerning the general administration of the Office of the Director);

(h) education and training boards, insofar as it relates to any records that would enable the compilation of information (that is not otherwise available to the general public) concerning the comparative performance of schools in respect of the academic achievement of students enrolled therein, including, and without prejudice to the generality of the foregoing—

(i) the overall results in any year of students in a particular school in an examination or assessment, or

(ii) the comparative overall results in any year of students in different schools in an examination or assessment;

(i) EirGrid plc, other than insofar as it relates to records held by it relating to its functions under its transmission system operator licence granted under section 14(1)(e) of the Electricity Regulation Act 1999;

(j) ESB Networks Limited, other than insofar as it relates to records concerning its functions under its distribution system operator licence issued under section 14(1)(g) of the Electricity Regulation Act 1999;

F15[(k) the Workplace Relations Commission—

(i) insofar as it relates to records concerning the provision of mediation services under the Employment Equality Acts 1998 to 2011, the Equal Status Acts 2000 to 2012 or the Pensions Acts 1990 to 2014, where parties to the process are participating in a voluntary capacity to try to settle such disputes, or

(ii) insofar as it relates to records concerning—

(I) the referral of a complaint or dispute for resolution under section 39 of the Workplace Relations Act 2015,

(II) attempts made in accordance with that section to resolve any such complaint or dispute, or

(III) the resolution of any such complaint or dispute in accordance with that section.]

(l) Gaslink Independent System Operator Limited, other than insofar as it relates to records held by it relating to its functions under its—

(i) transmission system operator licence granted under section 16(1)(d), or

(ii) distribution system operator licence granted under section 16(1)(f),

of the Gas (Interim) (Regulation) Act 2002 (amended by Regulation 41(b) of the European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011));

(m) the Forensic Science Laboratory of the Department of Justice and Equality, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by that Laboratory, including the analysis of specimens or in connection with an investigation being undertaken by the F16[Police Ombudsman] and the approval, supply, testing and maintenance of apparatus and of equipment;

(n) the Garda Síochána, other than insofar as it relates to administrative records relating to human resources, or finance F16or procurement matters, or records transferred to the Garda Síochána under [section 159](https://www.irishstatutebook.ie/eli/2024/act/1) (2) of the [Policing, Security and Community Safety Act 2024];

F16[(o) An tÚdarás Póilíneachta agus Sábháilteachta Pobail, insofar as it relates to records concerning an inspection (within the meaning of Part 4 of the Policing, Security and Community Safety Act 2024);]

(p) Iarnród Éireann, insofar as it relates to the operation of Rosslare Europort and its freight operations in the State;

(q) the Office of the Information Commissioner, in the performance of its functions under this Act or under the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), other than insofar as it relates to records concerning the general administration of those functions;

(r) the Insolvency Service of Ireland, in the performance of its functions under Part 2 of the Personal Insolvency Act 2012, other than insofar as it relates to records concerning the general administration of those functions;

(s) the Labour Relations Commission, insofar as it relates to records concerning—

(i) the provision of conciliation or mediation services by the Commission relating to trade dispute resolution, where parties to the process are participating in a voluntary capacity to try to settle such disputes,

(ii) the provision of the Rights Commissioner Service relating to disputes under the Industrial Relations Acts 1946 to 2012 where parties to the process are participating in a voluntary capacity to try to settle such disputes; and any decisions and recommendations made relating to such disputes,

(iii) the provision of advisory services where it is not of a general or generic nature but is particular to specific parties, or

(iv) meetings of Joint Industrial Councils relating to dispute resolution;

(t) the Labour Court, insofar as it relates to records concerning—

(i) the provision of services by the Labour Court in trade dispute resolution including investigation of disputes and mediation or conciliation services under the Industrial Relations Acts 1946 to 2012, where parties to the process are participating in a voluntary capacity to try to settle such disputes; and any draft decisions in relation to such disputes under Industrial Relations Acts 1946 to 2012, or

(ii) information provided on a confidential basis by the parties referred to in subparagraph (i);

(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by the Bureau under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and the approval, supply, testing and maintenance of apparatus and of equipment used for the purpose of those Acts;

(v) the Mental Health (Criminal Law) Review Board, insofar as it relates to records relating to its functions under sections 13, 13A, 13B and 17 of the Criminal Law (Insanity) Act 2006;

(w) the National Treasury Management Agency insofar as it relates to records—

(i) relating to or received from a public body specified in Part 2 of this Schedule that is a commercial entity,

(ii) concerning the performance of its functions under Part 2 of the National Treasury Management Agency (Amendment) Act 2000, other than in relation to records concerning the general administration of those functions, or

(iii) concerning the terms and conditions on which a person holds a position as a member of staff of the Agency, other than when that information is contained in records in summary or collective form such that individuals cannot be identified from the record;

(x) the National Treasury Management Agency, the National Asset Management Agency, the National Pensions Reserve Fund Commission and the National Development Finance Agency, insofar as it relates to records concerning—

(i) investors or potential investors in any security issued by the Minister for Finance or any of these bodies, or in any project, fund or other investment managed or promoted by any of these bodies or in which any of these bodies is an investor,

(ii) companies, firms, funds or any other entities with or in which any of these bodies have invested or could potentially make an investment,

(iii) purchasers or potential purchasers of any asset or loan or of any other asset securing loans held or managed by any of these bodies,

(iv) market counterparties or potential market counterparties of any of these bodies, or

(v) sellers of assets acquired or which may be potentially acquired by any of these bodies or by any company, firm, fund or other entity in which any of these bodies is an investor;

F16[(y) the Police Ombudsman, insofar as it relates to records concerning an investigation carried out by the Police Ombudsman under Part 6 of the Policing, Security and Community Safety Act 2024;]

(z) the Ombudsman, insofar as it relates to records concerning an examination or investigation carried out by the Ombudsman under the Ombudsman Acts 1980 to 2012;

F17[(za) Oifig IS na hÉireann, in the performance of its functions under the Regulation of Artificial Intelligence Act 2026, other than in so far as it relates to records concerning the general administration of those functions.]

(aa) the Ombudsman for Children, insofar as it relates to records concerning an examination or investigation carried out by the Ombudsman for Children under the Ombudsman for Children Act 2002;

(ab) F18[…]

(ac) the Legal Services Ombudsman, insofar as it relates to records concerning an investigation carried out by the Legal Services Ombudsman under the Legal Services Ombudsman Act 2009;

(ad) the Ombudsman for Defence Forces, insofar as it relates to records concerning an investigation or examination carried out by the Ombudsman for the Defence Forces under the Ombudsman (Defence Forces) Act 2004;

(ae) F18[…]

(af) the Revenue Commissioners, in relation to a record that relates to the formation of an opinion under section 811 of the Taxes Consolidation Act 1997 that a transaction is a tax avoidance transaction, save as regards a record that was created before—

(i) the date on which an officer of the Revenue Commissioners has notified a person that the transaction is the subject of enquiry for the purpose of considering whether to give, in relation to it, a notice under that section 811 of an opinion to the foregoing effect, or

(ii) if it falls earlier than the foregoing date, the date on which a notification under section 811A of that Act was received by the Revenue Commissioners in relation to the transaction;

(ag) the Office of the State Pathologist, insofar as it relates to records in connection with an investigation being undertaken by the Garda Síochána, or other records (not relating to the general administration of the Office) concerning, or arising from, functions performed by the Office under the Coroner's Act 1962;

(ah) the Residential Institutions Redress Board, in the performance of its functions under the Residential Institutions Redress Act 2002, other than insofar as it relates to records concerning the general administration of those functions;

(ai) the Residential Institutions Redress Review Committee, in the performance of its functions under the Residential Institutions Redress Act 2002, other than insofar as it relates to records concerning the general administration of those F19[functions;]

F20[(aj) the Financial Services and Pensions Ombudsman, insofar as it relates to records concerning the mediation, investigation or adjudication of a complaint carried out by the Financial Services and Pensions Ombudsman under the Financial Services and Pensions Ombudsman Act 2017 (No. 22 of 2017);]

F21[(ak) the National Treasury Management Agency in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of—

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or any HBFI group entity;

(al) Home Building Finance Ireland in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of—

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or any HBFI group entity;

(am) a HBFI group entity in the performance of the functions conferred on it under the Home Building Finance Ireland Act 2018 insofar as it relates to records concerning the following:

(i) providers or potential providers of finance (including loans) to Home Building Finance Ireland or any HBFI group entity;

(ii) companies, firms, funds or any other entities to which Home Building Finance Ireland or any HBFI group entity has provided finance (including loans) or could potentially provide finance (including loans);

(iii) market counterparties or potential market counterparties of Home Building Finance Ireland or any HBFI group entity;

(iv) purchasers or potential purchasers of—

(I) a loan,

(II) an asset, or

(III) an asset securing a loan,

held or managed by Home Building Finance Ireland or F22[any HBFI group entity,]]

F23[(an) the Gambling Regulatory Authority of Ireland, a member, a member of staff or an authorised officer, of that Authority, the Appeals Panel, an Appeals Board, an appeals officer and an adjudication officer (all within the meaning of the Gambling Regulation Act 2024), in relation to the performance of their respective functions under that Act, save as regards records concerning their respective functions relating to general administration.]

F24[(an) the Office of the Protected Disclosures Commissioner, in the performance of the functions conferred on it by or under the Protected Disclosures Act 2014, other than insofar as it relates to records concerning the general administration of those F16[functions;]]

F25[(ao) Bord an Gharda Síochána, other than insofar as it relates to administrative records relating to human resources, finance or procurement matters;]

F26[F27[(ao)] the Personal Injuries Resolution Board, insofar as it relates to records concerning mediation carried out by the Personal Injuries Resolution Board under Chapter 1A of Part 2 of the Personal Injuries Assessment Board Act F27[2003;]]

F25[(ap) the Independent Examiner of Security Legislation in the performance of his or her functions under the Policing, Security and Community Safety Act 2024 or any other enactment, other than insofar as it relates to records concerning the general administration of those functions.]

F28[(ap) An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir, in the performance of its functions under the Automatic Enrolment Retirement Savings System Act 2024, in so far as it relates to records—

(i) containing confidential personal information relating to the financial or business affairs of any individual or company,

(ii) relating to or received for the purposes of performing, or in the discharging of, any of its statutory functions (other than when that information is contained in records in summary or aggregate form, such that persons cannot be identified from the record),

(iii) concerning companies, firms, funds or any other entities with or in which it has invested or could potentially make an investment, or

(iv) concerning the terms and conditions on which a person holds a position as a member of staff of An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir, other than when that information is contained in records in summary or collective form such that individuals cannot be identified from the record.]

Part 2 Exempt Agencies

A board of management established under section 14 of the Education Act 1998, other than a board of management of a school established or maintained by an education and training board

A bridge bank within the meaning of section 17 of the Central Bank and Credit Institutions (Resolution) Act 2011

Allied Irish Banks p.l.c.

An Post

Bord na Móna

Bus Átha Cliath — Dublin Bus

Bus Éireann

Coillte Teoranta

Commissioners for Irish Lights

Córas Iompair Éireann Holding Company

Cork Airport Authority plc.

Drogheda Port Company

Dublin Airport Authority plc.

Dublin Port Company

Dun Laoghaire Harbour Company

Electricity Supply Board

F30[…]

Food Safety Promotion Board (Safefood)

Galway Harbour Company

Irish Aviation Authority

Irish Bank Resolution Corporation Limited (in Special Liquidation)

Irish National Petroleum Corporation Limited

The Language Body (An Foras Teanga)

Loughs Agency

National Lottery Company (within the meaning of the National Lottery Act 1986)

National Oil Reserves Agency

New Ross Port Company

permanent tsb Group Holdings p.l.c.

Port of Cork Company

Port of Waterford Company

Private Security Appeals Board

Private Security Authority

Shannon Airport Authority plc.

Shannon Foynes Port Company

Special European Union Programmes Body

Tourism Ireland

Trade and Business Development Body (InterTradeIreland)

Voluntary Health Insurance Board

Waterways Ireland

Wicklow Port Company

SCHEDULE 2 The Information Commissioner

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