{"id":1666,"date":"2015-10-14T15:47:51","date_gmt":"2015-10-14T14:47:51","guid":{"rendered":"http:\/\/foi.gov.ie\/?page_id=1666"},"modified":"2016-04-19T11:43:39","modified_gmt":"2016-04-19T10:43:39","slug":"personal-information","status":"publish","type":"page","link":"https:\/\/foi.gov.ie\/ga\/members-area\/personal-information\/","title":{"rendered":"Personal Information"},"content":{"rendered":"

Question: \u00a0Who may make an FOI request?<\/strong><\/p>\n

Section 11 confers a general right on \u2018every person\u2019 to be offered access to any record held by an FOI body, subject to the provisions of the Act.<\/p>\n

Question:\u00a0<\/strong>\u00a0 Can I contact a requester?<\/strong><\/p>\n

Answer:<\/strong>\u00a0Yes.<\/p>\n

Contacting a requester can often assist you in working on an FOI request. Assisting a requester with something like refining their request can often be done much more effectively when it is done by phone. If you agree something with a requester regarding refinement or dates you should follow this up with a letter to them which outlines the details of what you have discussed.<\/p>\n

Question:<\/strong> Can members of the public request amendments to personal records?<\/strong><\/p>\n

Answer:<\/strong> The FOI Act confers a right on members of the public to seek amendment of records relating to personal information held by FOI bodies. Section 9 <\/a><\/strong>of the Act sets out the mechanism whereby such a record may be amended if it is incomplete, incorrect or misleading.<\/p>\n

This right parallels a provision in the Data Protection Acts 1988 and 2003 allowing for amendment of personal data. [ for\u00a0additional information please see Guidance Note # 18 – Data Protection and FOI <\/a><\/strong>]<\/p>\n

Question: Having left a position in a public body, is my name, which is on a large amount of correspondence in that body, considered personal information?<\/strong><\/p>\n

Answer:<\/strong> No<\/p>\n

Section 2(I)<\/strong><\/a> outlines that\u00a0the names of staff members, which are written or recorded in any form in the course of carrying out their duties, in a position remunerated from public funds is not considered personal information.\u00a0 [ for\u00a0additional information please see Guidance Note # 19\u00a0 – Protection for public servants<\/strong> <\/a>]<\/p>\n

Question: Can amendments of records relating to personal\u00a0information be made retrospectively?<\/strong><\/p>\n

Answer: <\/strong>Yes<\/p>\n

Section 17<\/a><\/strong> applies to personal information regardless of the date of creation of the records. Section 9<\/strong><\/a> states \u2018where personal information in a record held by an FOI body\u2019, this would indicate that the records which are subject to a request for an amendment are simply those held by the body without confinement.<\/p>\n

Question: What procedure should be followed when amending records relating to personal information?<\/strong><\/p>\n

Answer: <\/strong>Where an FOI body agrees to amend a record relating to personal information, it may, at its discretion, avail of any of the three options outlined in section 9<\/strong><\/a>:-<\/p>\n