Freedom of Information for Internal Reviewers

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The Programme

This one-day programme is for Freedom of Information Internal Reviewers charged with reviewing decisions made by FOI Decision Makers in accordance with Freedom of Information Act 2014 should the requester seek a review.  This course is an advanced programme that has been designed specifically for experienced Internal Reviewers in FOI bodies, with particular reference to the Civil Service, Local Authorities and the Health Sector.  It will address at an advanced level :-

• the role of the Internal Reviewer;
• the key ingredients of internal review decisions;
• interaction with the Office of the Information Commissioner (OIC) in the case of external reviews;
• the essential requirements of submissions to the OIC aimed at justifying the decision of a FOI body to refuse access to records.

The key exemptions will be examined in detail together with recent Guidelines from the OIC on the exemptions in question. A number of recent relevant OIC decisions appropriate to those attending will be discussed and reference will be made throughout the day to key learning from seminal decisions and Court decisions such as the Rotunda Judgement.

Participants will be invited to share experience from any live or recent FOI review cases they have dealt with.

Who is this for?

This one-day programme is designed for Internal Reviewers and/or very experienced FOI Decision Makers only.

Course Content

The following is a selection of areas that will be covered during the workshop discussions:

Detailed discussion of key FOI Exemptions:

• Section 28 - Meetings of Government
• Section 29 - Deliberations of public bodies
• Section 30 - Functions and negotiations of FOI bodies
• Section 31 -  Parliamentary, court and certain other matters
• Section 32 - Law, enforcement and public safety
• Section 33 - Security defence and international relations
• Section 34 - Decisions pursuant to Sections 32/33
• Section 35 - Information obtained in confidence
• Section 36 - Commercially sensitive information
• Section 37 - Personal information and the link with Data Protection legislation
• Section 38 - Procedure for consulting with third parties (formal consultation process)
• Section 39 - Research and natural resources
• Section 40 - Financial and economic interests of FOI bodies
• Section 41 - Enactments relating to non-disclosure of record

Other relevant sections will include:-

• Section 9 - Amendment of Personal Information
• Section 10 - Reasons for decisions 
• Section 42 - Restrictions of the Act
• Section 52 - Offences and Penalties
• Decisions of the Information Commissioner
• Decisions of the Attorney General or the Courts 

Course Leader

This course will be delivered by Michael Hyland, IPA Associate and experienced FOI Trainer and Practitioner.  Michael has 20+ years experience in FOI and previously worked in the Department of Finance.