I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers con­ferred on me by sections 3 and 28(6) of the Freedom of Information Act, 1997 (No. 13 of 1997), hereby make the following Regulations:

1. These Regulations may be cited as the Freedom of Information Act, 1997 (Section 28(6)) Regulations, 2009.

2. In these Regulations a reference to a section is a reference to that section of the Freedom of Information Act, 1997 (No.13 of 1997).

3. Freedom of Information Act, 1997 (Section 28(6)) Regulations 1999 are hereby revoked.

4. (1) Notwithstanding section 28(1), a request under section 7 in relation to a record access to which involves the disclosure of personal information (including personal information relating to a deceased individual) shall, subject to the other provisions of the Freedom of Information Act, 1997, be granted where:

(i) individuals who, on the date of the request, have not attained full age (within the meaning of the Age of Majority Act, 1985 (No. 2 of 1985)), or 

(ii) individuals    who have attained full age (within the meaning aforesaid), who at the time of the request have a mental condition or mental incapacity or severe physical disability, the incidence and nature of which is certified by a registered medical prac­titioner and who, by reason thereof, are incapable of exercising their rights under the Act, 

being individuals specified in clauses (i) and (ii) access to whose records would, in the opinion of the head having regard to all the circumstances and to any guidelines drawn up and published by the Minister, be in their best interests, or

(i)         a personal representative of the individual acting in due course of administration of his or her estate or any person acting with the consent of a personal representative so acting,

(iii) the spouse   or the next of kin of the individual where in the opinion of the head, having regard to all the circumstances and to any relevant guidelines published by the Minister, the public interest, including the public interest in the confidentiality of per­sonal information, would on balance be better served by granting than by refusing to grant the request.

(a) a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State, or who is living apart from his or her wife or husband pursuant to a deed of separation, and

 (b) a man or woman who was not married to but cohabited as husband or wife, as the case may be, with the deceased individual,

and,

GIVEN under my Official Seal, 23 September 2009.

BRIAN LENIHAN, Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.) 

These Regulations prescribe the classes of individual whose records will be made available to parents and guardians, and the classes of requester to whom the records of deceased persons will be made available, having regard to rel­evant circumstances and to guidelines published by the Minister for Finance.