The provisions of the Freedom of Information (FOI) Acts have applied to the Pharmaceutical Society of Ireland since 31st May 2006. The Acts establish three statutory rights:
- A right for each person to access information held by public bodies
- A right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading
- A right to obtain reasons for decisions affecting oneself.
The Acts assert the right of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.
The Pharmaceutical Society of Ireland routinely makes information available to the public on its functions and activities. General information is available on the Society's website and is also contained in the Society's Annual Reports and Service Plans.
The FOI Acts allow public access to information held by the Pharmaceutical Society of Ireland which is not routinely available through other sources. Access to information under the Acts is subject to certain exemptions and involves specific procedures and time limits.
The following information/records come within the scope of the FOI Acts:
- Records containing personal data
- Other records - subject to a limited number of exceptions, all other records created in the Pharmaceutical Society of Ireland after 21 April 1998 are available on request. Where records created after 21 April 1998 cannot be understood without access to records created before this date, then there is a right of access to the earlier records.
All applications under the FOI Acts should be addressed to:
Kate O'Flaherty
Pharmaceutical Society of Ireland
18 Shrewsbury Road
Ballsbridge
Dublin 4
In order for a request for information/records to comply with the requirements of the FOI Acts and to enable the request to be dealt with as efficiently as possible:
- Your application should be in writing. (A sample application form is available
- Your application should also indicate that the information is sought under the Freedom of Information Acts
- You should indicate if information is required in a particular form, e.g. photocopy, computer disk, etc
- You should give as much detail as possible to enable the Society to identify the record/s. If you have difficulty in identifying the precise records we will be happy to assist you in preparing your request;
- You may be required to prove your identity, especially when requesting personal information you may, therefore, be asked to produce your passport, driving licence or other form of identification
- You should include a daytime telephone number so that you can be contacted if it is necessary to clarify details of your request
- You should pay the prescribed fee by cheque or bank draft made payable to the Pharmaceutical Society of Ireland
The Society is obliged to respond to your request within four weeks.
The FOI Acts set out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or third parties. Where the Pharmaceutical Society of Ireland invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc. may also be the subject of appeal.
You may seek an internal review within the Pharmaceutical Society of Ireland if:
- You are dissatisfied with the initial response
- You have not received a reply within four weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to internal review.
Requests for internal review must be submitted within four weeks of the initial decision. The Society must complete the review within three weeks and you will be notified in writing of the outcome. Internal reviews must normally be completed before an appeal is made to the Information Commissioner.
Requests for internal review should be submitted in writing to:
Tom McGuinn
Pharmaceutical Society of Ireland
18 Shrewsbury Road
Ballsbridge
Dublin 4
Appeals in writing may be made directly to the Information Commissioner at the following address:
Under the FOI (Amendment) Act 2003, charges apply to certain FOI requests, applications for internal review and applications for review by the Information Commissioner. The following fees apply:
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Information Request |
€15
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€10 |
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Internal Review |
€75
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€25 |
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Review by the Information Commissioner |
€150
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€50 |
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Section 47 of the FOI Acts provides that fees shall be charged as follows:
- In respect of personal records, fees shall be charged only in respect of the cost of copying the records actually released. Where a significant number of personal records are involved, the cost of search and retrieval of such records will be charged
- In respect of other (non-personal) information, fees shall be charged equal to the estimated cost of search, retrieval and photocopying of the records released. No charges may apply in respect of the time spent by public bodies in considering requests.
The level of fees is currently set as follows in accordance with Statutory Instrument No 139 of 1998 as amended by No. 522 of 1998:
€20.95 per hour - search and retrieval
€0.04 per sheet for a photocopy
€0.51 for a 3 and half-inch computer diskette
€10.16 for a CD-ROM
A deposit may be payable where the total fee is likely to exceed €50.80. In these circumstances, the Society will, if requested, assist the member of the public to amend the request so as to reduce or eliminate the amount of the deposit.
Waiver of search and retrieval costs
Fees may be waived in the following circumstances:
- Where the administrative and related costs involved in collecting a fee are likely to exceed the fee itself (i.e. up to €6.35 no fee should be charged);
- Where the information would be of particular assistance to the understanding of an issue of national importance; or,
- In the case of personal information, where such charges would not be reasonable having regard to the means of the requester.
You can download the Pharmaceutical Society of Ireland FOI manual (Sections 15 & 16) which gives details of the Society's operations, structure and types of records held.
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