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Review and appeal

Review by the Commissioner
Appeal to the Information Commissioner
Appeal to the High Court

Your right of review and appeal

The Act sets out a number of provisions to protect sensitive information where its release might damage the interests of the State or of third parties. You may appeal when a Department or Office uses these provisions to withhold information.

You may also appeal decisions about deferral (postponement), charges, forms of access, refusal to correct a record that contains personal information, refusal to give reasons and so on.

Appeal procedures are as follows:

Internal Review

You may seek an internal review of the first decision if:
»  you are unhappy with the first reply received - that is, refusal of the information, form of access, charges, etc.,
or
»  you have not received a reply within 4 weeks of your initial application. This is treated as a refusal of your request and allows you to look for an internal review.
An official at a higher level will carry out this internal review.

Requests for internal review

You should send your written request for internal review to:

Ms. Miriam O'Flanagan
Freedom of Information Officer
The Courts Service
15/24 Phoenix Street North
Smithfield
Dublin 7.
Phone +353 1 888 6464

You must make a request for internal review within 4 weeks of the first decision. We must complete the internal review within 3 weeks. Normally, the internal review must be finished before you can appeal to the Information Commissioner.

Review by the Commissioner

When the internal review is finished, you can seek an independent review of the decision from the Information Commissioner. If you have not received a reply to your application for an internal review within 3 weeks, this may be treated as a refusal and you may appeal the matter to the Information Commissioner.

Appeal to the Information Commissioner

Appeals in writing may be made directly to the Information Commissioner at the following address
Ms. Emily O'Reilly
Office of the Information Commissioner,
18 Lower Leeson St.,
Dublin 2.
Phone +353 1 639 5689
Lo-call 1890 253238
Fax +353 1 639 5674 or +353 1 639 5676
Email: info@oic.gov.id
Web: www.oic.gov.ie

Appeal to the High Court

Section 42 of the Act allows for an appeal to the High Court on a point of law.

If you are a party to a review under section 34 of the Act, you can appeal to the High Court on a point of law under section 42 of the Act. If a decision of the Information Commissioner affects you, you can appeal to the High Court under section 42 of the Act.

Appeal to the Supreme Court

You can appeal a decision of the High Court to the Supreme Court under section 42 of the Act.