Rights of Review and Appeal
The Act sets out a series of exemptions to protect sensitive information where its disclosure may damage key interests of the State or of third parties. Where the Council 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. Details of the appeals mechanisms are as follows:
You may seek internal review of the initial decision that will be carried out by a senior member of staff if:
a) you are dissatisfied with the initial response received i.e. refusal of information, form of access, charges, etc, or
b) you have not received a reply within 4 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 should be marked 'FOI Review' and submitted in writing to:
HR & Corporate Services Officer
The Arts Council
70 Merrion Square
Such a request for internal review must be submitted within 4 weeks of the initial decision. The Arts Council must complete the review within 3 weeks. Internal review must normally be completed before an appeal may be made to the Information Commissioner.
Review by the Information Commissioner
Following completion of internal review, you may seek independent review of the decision from the Information Commissioner. Also if you have not received a reply to your application for internal review within 3 weeks, this is deemed to be a refusal and you may appeal the matter to the Commissioner.
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner
18 Lower Leeson Street
Phone: +353 1 6395689
Fax: +353 1 6395676