S.I. No. 518/1998:

FREEDOM OF INFORMATION ACT, 1997 (SECTION 17) REGULATIONS, 1998

FREEDOM OF INFORMATION ACT, 1997 (SECTION 17) REGULATIONS, 1998

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 (No. 13 of 1997), hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Freedom of Information Act, 1997 (Section 17) Regulations, 1998.

2. In these Regulations a reference to a section is a reference to that section of the Freedom of Information Act, 1997 (No. 13 of 1997).

3. An application under section 17 shall be expressed to be made under that section and shall contain sufficient particulars in relation to the personal information concerned to enable the record to be identified by the taking of reasonable steps.

4. A head shall cause the receipt by him or her of an application under section 17 to be notified to the applicant in the manner specified in section 7(2).

5. Where a public body receives either -

(a) an application which purports to be an application under section 17 but which is not in the proper form, or

(b) an application which does not purport to be an application under section 17 but which applies for the amendment of personal information which amendment can be effected only by way of an application under section 17,

the head shall assist, or offer to assist, the individual in the preparation of an application under that section.

6. In the case of a decision to refuse to grant an application under section 17 the notice under subsection (3) of that section in relation to the decision shall comply with section 8(2)(d).

GIVEN under my Official Seal, this 22nd day of December, 1998.

CHARLIE McCREEVY, T.D.,

Minister for Finance.

EXPLANATORY NOTE

These Regulations provide similar arrangements for requesters in using section 17 of the Freedom of Information Act, 1997 , as currently obtain when making a standard request for access to information under section 7 of the Act. The Regulations also provide for assistance to be given by public bodies to requesters when using the Act to have personal information held on them corrected when that information is inaccurate or misleading.