Review of The Freedom of Information Act: Consultation Document
Review of The Freedom of Information Act: Consultation Document
Review of The Freedom of Information Act: Consultation Document
Information Act
Consultation Document
Scoping Consultation 10
Breakdown of responses 10
Overview of scoping responses 11
Structural Issues 12
Streamlining access regimes and related functions 12
Transparency by design 14
Proactive publication 16
Informal release 18
Managing the increased volume of “records” 20
Incremental Reforms 22
Improving the request process 22
Fees and charges 24
Designating FOI Bodies 26
Role of the Information Commissioner 28
Abuse of FOI 29
2
Introduction
This consultation forms part of a review of the The right of access is by far the most commonly
Freedom of Information Act, which will inform used of these rights, and in practice is
an approach to FOI and transparency policy synonymous with the term “FOI request”. The
more generally into the future, potentially 2014 Act significantly expanded the number of
including amendments to the legislation. bodies that are subject to FOI, to approximately
500 diverse entities.
This is an opportunity to have your say and
to identify strengths and weaknesses of the The first Freedom of Information Act made a
FOI system as you see it. This document sets dramatic change to state information policy
out the context for FOI, including background in Ireland. Previously, the Official Secrets
information, emerging international trends, Act was the main legislation governing state
and the inputs into the review process. It asks information, which demanded a culture of
you to consider structural and incremental secrecy in all instances. Recognising FOI’s
reform issues and poses a number of questions. landmark significance, Fennelly J considered
Its purpose is to garner your views on these that:-
themes, whether each should be a priority
and if so, how appropriate reforms might be The passing of the Freedom of Information
implemented. Act constituted a legislative development
of major importance. By it, the Oireachtas
For further details of the review process and took a considered and deliberate step
how to respond to this consultation, please see which dramatically alters the administrative
page 9. assumptions and culture of centuries. It
replaces the presumption of secrecy with one
of openness. It is designed to open up the
Brief History of FOI in Ireland workings of government and administration
Freedom of Information legislation is designed to scrutiny. It is not designed simply to satisfy
to allow for access to records held by public the appetite of the media for stories. It is for
bodies. Ireland’s first Freedom of Information the benefit of every citizen. It lets light in to the
Act was enacted in 1997. It was amended in offices and filing cabinets of our rulers.1
2002, with a revised and consolidated version
enacted in 2014. The basic model in the However, there may be a tendency for “FOI”
legislation has remained unchanged since its and transparency to be treated as one and the
introduction. It provides for three key rights:- same, where in fact the request mechanism is
only one way of “doing transparency”.
• A right of access to records held by
public bodies, where they are not Indeed, the FOI request mechanism may not
exempt under the terms of the Act; be necessarily suitable or user friendly in all
circumstances, and can often be cumbersome,
• A right to seek an amendment to resource intensive and time-consuming.
personal information that is incorrect, Moreover, there may be an overreliance on
incomplete or misleading; FOI by public servants, seeking reassurance
• A right to seek a statement of reasons that a release of information will not breach
for an action of a public body that data protection or other legislation. These
affected a person’s interests. themes will be explored further later in this
consultation document.
FOI in practice
Recent years have seen a significant expansion of FOI usage. The annual number of FOI requests
handled by public bodies almost doubled between the update to the legislation in 2014 and 2019.
The decade between 2009 and 2019 saw an increase of 179% in the number of FOI requests
received by public bodies.
40,000
35,000
30,000
25,000
20,000
15,000
10,000
5,000
0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
10%
2%
In most given years, the vast majority of FOI requests decided on across the system are granted.
A certain proportion of FOI requests are misdirected and must be transferred to a more
appropriate body. Also, in some instances requests are dealt through an informal release of
information, or can be withdrawn by the requester. 17% The remaining requests must be decided on.
In 2020, the latest year for which statistics are available, close to four out of every five of these
46%
requests were granted in full or in part.
25%
10%
2%
25%
70
60
50
40
30
20
10
0
Civil Service Local HSE Voluntary Regulators Third Level Other
departments Authorities Hospitals etc. and Related Institutions bodies
Agencies
However, there is significant variance between sectors in relation to outcomes. For example,
refusals and part-grants are more common when a request is made to central government than
where an individual seeks personal records from a hospital.
Fig 4: Types of FOI requests in 2020 Fig 5: Categories of FOI requesters in 2020
19% 23%
43%
4%
3% 1%
57%
50%
The majority of requests are by individuals for In terms of volume, a little over half of requests
personal information relating to them, often in were made to central and local government,
healthcare settings. In 2020, the last year for with 40% directed towards health sector
which figures are available, this made up almost entities.
60% of requests. Clients of public bodies were
the largest single grouping of requesters, while
journalists made up a little under a quarter of Fig 7: Outcome of OIC Reviews in 2020
the total. It should be noted that there is
significant variance across bodies and sectors
in relation to the types of requests received. 4%
20% 12%
0.50% 8%
13.7%
12%
28%
44%
41%
15% Settlement reached (4%)
Withdrawn (12%)
3%
Decision affirmed (44%)
Other (0.5%)
6
Where a person is unhappy with the outcome The FOI model was designed in an era where
of their FOI request, they may seek a review. In both record-keeping and publication were
the first instance, this review is carried out by a paper-based. It was expected that a request
more senior member of staff in the organisation for records would lead to a clearly identifiable
and is known as an “internal review”. Following filing cabinet that would likely contain all
this, if the requester remains dissatisfied, relevant material. Conversely, proactive
they may seek an independent review by the publication at that time required significant
Information Commissioner. printing and distribution costs, with no
guarantee that an interested party would be
The rate at which reviews are sought has in a position to physically access the relevant
remained consistently low over time, with information.
internal reviews sought in approximately 3% of
cases in most given years (3.3% in 2020), and The rise of information technology and
reviews by the Commissioner sought in about the internet has effectively turned these
1% of cases annually (1.3% in 2020). assumptions on their head. Now, records of
public bodies are so numerous and dispersed
The outcomes of the Commissioner’s process that even locating records relevant to a
include cases where the request is withdrawn, request has in many cases become a significant
or the matter is settled by the release of some challenge. Moreover, many of the records
records, or discontinued by the Commissioner generated on a daily basis in public bodies,
where he does not have jurisdiction, or on particularly emails, are mundane and of a type
other grounds. Of the cases where the that when FOI was designed would likely not
Commissioner formally ruled on the approach have been recorded in the first place.
taken by the body in 2020, the decision was
affirmed in 70%, varied in 12%, and annulled or On the other hand, the costs of online
overturned in 18%. publication are now almost non-existent,
and material made available in this format is
readily available to the vast majority of the
Emerging issues and international trends population.2
This review of the Freedom of Information
system is being undertaken on the 25th Internationally, there is evidence that the
anniversary of the first FOI legislation in request-based FOI model can be seen as
Ireland. In the intervening years, there being a crossroads. Recent years have seen
has been a transformation of the ways in persistent claims in various countries that
which individuals seek out and interact with FOI is “broken”3 and needs “saving”.4 Others,
information, both in the workplace and in our such as the former Scottish Information
daily lives. Commissioner, believe that the time may have
come for a, “radical rethink of FOI”.5
One particularly notable development in the research calls this assumption into question,
intervening years has been the rise of the open and suggests that for transparency policies to
government movement, and related open be effective, information should be released
data initiatives. Where FOI takes a reactive in a way that can easily be contextualised,
approach to release, open data emphasises the understood and acted upon by its intended
routine publication of valuable information, audience.10
and is purported to, “[shift] the relationship
between state and citizen from a monitorial In addition, the use of blanket transparency
to a collaborative one, centered around using measures has been questioned, with proposals
information to solve problems together”6 for more targeted approaches, which rather
than treating transparency as an end in itself,
A number of scholars argue that this seek to use disclosure as a means to achieve
development supersedes FOI laws in significant specific policy objectives.11
ways, and some advocates speculate that
it may even come to supplant request- While there remains a broad consensus that
based systems altogether.7 Others are more the ability to request records from public
circumspect, and note that in practice open bodies remains an important feature of state
government initiatives have tended to lead to transparency, proposals for improvement have
a “realism”, “that data disclosure per se would included greater obligations to undertake
not lead to proper levels of transparency, proactive publication of information, creating
accountability, anti-corruption, and the other alternative means for routine access,
expected effects.”8 particularly to personal information, and more
closely adapting the FOI mechanism to suit
Another important strand of recent research particular use-cases.
looks at what makes transparency policies
effective, emphasising that information must
be made available in ways that are accessible
and comprehensible to individuals and groups
that might make use of that information.9
6 Noveck, B. S. (2017). Rights-Based and Tech-Driven: Open Data, Freedom of Information, and the Future of Government
Transparency. Yale Human Rights and Development Law Journal, 19, 1–46. https://bit.ly/3t8wTie
7 Noveck, B. S. (2016). Is Open Data the Death of FOIA? The Yale Law Journal Forum, 273. https://bit.ly/3abcDpM
8 Matheus, R.; Janssen, M. (2020). A Systematic Literature Study to Unravel Transparency Enabled by Open Government
Data: The Window Theory. Public Performance and Management Review, 43(3), 503–534. https://bit.ly/3x70I5m
9 Fung, A. (2013). Infotopia: Unleashing the democratic power of transparency. Politics and Society, 41(2), 183–212.
https://bit.ly/3PRNOQ1
10 Fung, A., Graham, M., &; Weil, D. (2007). Full Disclosure: The Perils and Promise of Transparency. Cambridge University
Press. https://bit.ly/3wYmMOl
11 Kwoka, M. B., & DuPey, B. (2021). Targeted Transparency as Regulation. Florida State University Law Review, 48, 389.
https://bit.ly/3x3aKmU
8
In the context of this review, general • Any activity in public entities must be
overarching questions may include:- done in a way that is conscious of the
most effective and efficient possible
• What is the purpose of FOI, and how use of state resources. Any proposed
does it fit with other accountability, developments or changes to the FOI
governance and access to information system must adhere to this principle.
measures? Should FOI exist separately
and be demarcated from open data and
These high level issues may be seen as feeding
other open government initiatives, or
in to the themes identified below.
insofar as possible incorporate and act
as an umbrella for related transparency
measures?
The Review
Process
The review is an open, collaborative process, In relation to each of themes, we would
intended to allow all interested parties to have ask respondents to consider addressing the
their say on the future of FOI and transparency following key points in their response:-
policy in Ireland. This consultation is informed
by an initial scoping exercise that was • Do you agree with this direction?
undertaken in late 2021, further details are set
out below. • How would you see it being implemented
and with what level of priority?
In addition, the Department of Public
Expenditure and Reform is undertaking a • What risks, drawbacks and barriers to
number of other strands of information implementation do you see?
gathering alongside this consultation, including
a further survey of FOI requesters and decision
makers, a review of international best practices However, you should feel free to make
and a project aimed at estimating the cost of comment as you see fit on any aspect of the
the FOI system to the exchequer. consultation document, or FOI practice more
generally. You should not feel obliged to
Further details may be found in the Review comment on every theme or issue identified,
Roadmap at the following link:- https://www. please feel free to provide a response on only
gov.ie/en/policy-information/2e3d5-freedom- those issues that are of interest or concern to
of-information-updates-from-the-department- you if you wish.
of-public-expenditure-and-reform/
As will be outlined further below, some of the
themes go towards the longer term direction
Responding to this consultation of travel for FOI policy, while others are aimed
at more immediate and granular updates to the
This consultation document aims to open a legislation. We would be grateful to hear from
discussion around various themes that have you in relation to all of the issues raised.
been identified through the initial public
consultation and review of international best It is proposed that submissions to this
practices. consultation will be published in full on the
Department’s website. If you feel that there
The themes identified are broad, and should are particular reasons why some or all of your
allow for a good deal of scope to raise any submission should not be published, please
issues that may be of concern. However if you notify us when making your return.
wish to raise an issue that does not obviously
fall within one of these themes, you should not You may make your submission by post to:
hesitate to do so. FOI Central Policy Unit,
Department of Public Expenditure and Reform,
If you have already responded to the scoping 3rd Floor,
phase of the review, please be assured that 7-9 Merrion Row,
your views will feed in to the final report. Dublin 2.
However, if you wish to provide further or D02 V223
more detailed submissions at this point of the
process, we would encourage you to do so. or by email to: [email protected]
We would be grateful for your responses by If you have any questions or queries, please do
close of business on 12th August. not hesitate to contact the FOI Central Policy
Unit by email at [email protected]
10
Scoping
Consultation
The first phase of this review process was a The majority of responses to the online survey
public consultation on scope. This offered came from public servants, amounting to
an opportunity for stakeholders to identify 73% of the total. 302 online responses were
in general terms issues of concern to them. received from individuals outside the public
It took the form of an online survey and sector. While individuals were invited to
brief written submissions around three key choose a category that best described their
questions: what should be addressed in the position, most chose to identify as “other”,
review, what parts of the current system are which places a certain limitation on the ability
working well, and respondents’ views of the to carry out a detailed analysis of these returns.
purpose of the FOI system.
Fig 9: Individual Respondents’ Self-Identification
Breakdown of responses
1,171 responses in total were received,
consisting of 1,060 returns to the online
survey, 96 written responses from public sector
stakeholders, and 15 written responses from
stakeholder groups outside the public sector.
Academic Journalist
Activist Other
Elected Representative
Public servant
Respondents to the online survey were invited
Individuals to confirm whether or not they had personal
experience of either making or processing FOI
Public body requests. A significant number indicated that
they did not, just over 20% of public servants
Stakeholder organisations and a little over 40% of other respondents.
11
12 [2011] IESC 26
13 Birth Information and Tracing Bill 2022 https://www.oireachtas.ie/en/bills/bill/2022/3/
12
Structural Issues
The first set of themes seek to explore the
potential for fundamentally updating and Separate out requests made for personal
restructuring the FOI legislation and how public data and environmental information
bodies approach transparency. By their nature, from FOI – these should be handled
they are intended as the opening of a much
longer conversation and process. In terms of
automatically under GDPR and AIE
implementation, it is envisaged that many of respectively.
these themes will take the form of medium to
long-term projects if adopted.
One key theme that arose in the scoping • For example, should the definitions
consultation was a prevalent view of FOI as in the FOI legislation be more closely
an accountability mechanism. In practice, aligned with those found in related legal
however, some scholars note that transparency frameworks, e.g. “personal information”
has at best an “uncertain” relationship with in FOI and “personal data” in data
accountability.14 Aside from FOI, a broad protection?
range of substantive audit, regulatory and
complaint-handling processes exist to ensure • How can FOI operate more effectively to
accountability in public bodies. support other, related functions, such as
open data?
Sometimes individuals may not be aware of the • Often FOI is used in circumstances
existence of complaint or Ombudsman type where an individual is in some way
mechanisms, which would be more suitable dissatisfied in their dealings with a
to their needs, while public bodies can tend public body. How should FOI align with
to feel that the “motive blind” nature of FOI complaint, Ombudsman and related
prevents an engagement with the requester mechanisms?
to understand their aims and handle the issue
appropriately. • How could a more joined-up and
coherent organisational approach across
Issues to be addressed in relation to this topic all the relevant obligations and legal
may include: frameworks best be developed? Is
there a need for a defined information
• How does the right of access provided governance and access function?
by FOI align with or complement other
accountability mechanisms?
14 Fox, J. (2007). The uncertain relationship between transparency and accountability. Development in Practice, 17(4–5),
663–671. https://bit.ly/3wTp80U
14
Existing legal frameworks already place Issues to be addressed in relation to this topic
obligations on public sector organisations may include:
to “design in” transparency when processing
personal data,20 and to structure datasets in • As a medium to long-term goal, what is
a way that is, “open by design and default”21 the potential of adopting “transparency
While “privacy by design” is based around by design” as a requirement for work
a set of established basic principles,22 some processes and supporting digital/ICT
researchers have begun to propose similar systems?
principles for transparency.23
• What might a “transparency by design”
approach look like in the Irish civil and
public sector?
20 Article 29 Working Party. (2018). Guidelines on transparency under Regulation 2016/679. https://bit.ly/3M5W6AQ
21 S.I. No. 376/2021 - European Union (Open Data and Re-use of Public Sector Information) Regulations 2021, Regulation 7
22 Office of the Information and Privacy Commissioner of Ontario (2009) Privacy by Design: The 7 Foundational Principles.
https://bit.ly/3tcYsaj
23 Matheus, R., Janssen, M., & Janowski, T. (2021). Design principles for creating digital transparency in government.
Government Information Quarterly, 38(1). https://bit.ly/3x7ErDs
16
is commonly observed by public bodies that Issues to be addressed in relation to this topic
publication often leads directly to the resource may include:
burden of further FOI requests for background
material, thereby negating any efficiency • How can we build upon the publication
gains and acting as a disincentive to taking a scheme mechanism in the 2014 FOIA to
proactive approach. It could be considered promote the greatest possible level of
whether the use of incentives might be an proactive publication of material?
effective way by which to encourage greater
openness through the ongoing publication of • Should the FOI legislation be more
up to date material. prescriptive about the types of
information that must be published?
Could particular categories be identified
that should be prioritised because of
high explanatory value in relation to the
activities of public bodies, or high value
and usefulness to the public?
25 See note 6
26 Pozen, D. E. (2017). Freedom of information beyond the
Freedom of Information Act. University of Pennsylvania
FOI is necessary because public bodies
Law Review, 165(5), 1097–1158. https://bit.ly/3NSB9ux are so risk adverse and so reticent to
27 O’Neill, O. (2002). A Question of Trust: The BBC Reith
Lectures 2002. Cambridge University Press. https://bit. give people information. It should not be
ly/38H431G; Meijer, A. (2009). Understanding modern
transparency. International Review of Administrative necessary to use the Act.
Sciences, 75(2), 255–269. https://bit.ly/3M7vjUA
19
28 Hood, C. (2010). Accountability and transparency: Siamese twins, matching parts, awkward couple? West European
Politics, 33(5), 989–1009. https://bit.ly/3GM260A
29 E.g. New South Wales, Government Information (Public Access) Act 2009, section 8
20
Managing the increased volume of “records” Given the huge increases in the volume
Terms such as “infoglut”30 and “data smog”31 of records that exist due to email systems
have been used by commentators to describe
the difficulties in extracting useful knowledge
etc in the last 7 years, the timelines for
from the ever expanding amount of information processing can be extremely challenging
that is created and stored in contemporary for organisations working with limited
technologically-driven societies and
workplaces.
staffing resources, where FOI requests
may only be a small part of someone’s
In practical terms, the amount of “records” overall post, numerous legacy systems and
generated on a daily basis across the civil and multiple locations and sites.
public sector goes far beyond what could have
been imagined when the request mechanism
was first designed and implemented. At a
certain point, blanket and indiscriminate Resources required to find all relevant
transparency mechanisms such as the FOI
request may be subject to diminishing data. This requires searching through
returns, as it is questionable whether much numerous systems and potentially files of
of the material coming within scope is of any 100s of people
significant evidential value in terms of ensuring
that the public are informed and bodies are
accountable for their actions.
Volumes of data sought and situations
The academic Cass Sunstein identifies
where organisation does not have the tools
two distinct types of transparency, “input
transparency”, which relates to preliminary to carry out in-depth searches, covering
matters feeding in to a decision or action, and archived material hard copy and digital
“output transparency” which relates to the copies.
decision itself, as well as information such as
statistics or audits concerning outcomes. He
argues that there is a case for a significant
expansion of routine disclosure in relation Record management and how it crosses
to the latter, while the case in relation to the
former is less compelling.32
over with FOI – chaff/extraneous records
Other research has focussed on what makes • Given the challenges posed by the vast
transparency policies effective, taking the expansion in the amount of information
view that “targeted” approaches are desirable generated by public bodies, should the
in order to drive accountability to bring about FOI mechanisms aim to provide better
positive policy outcomes,33 and that policies quality of disclosure and transparency
should be, “design[ed] for comprehension” so by focusing efforts on the most valuable
that disclosures can readily be understood information?
and contextualised by the public.34 These
approaches have in common an understanding • Currently, in principle FOI applies
of transparency that goes beyond an abstract equally to all records held by a public
goal, and instead proposes measures as body. Should it instead seek to
instrumental and directed towards achieving identify categories of particularly high
particular policy outcomes. value material that warrant particular
treatment, such as mandatory proactive
As noted above, scoping work revealed publication?
a significant emphasis on FOI as an • In addition, how could the FOI
accountability measure. In order to ensure that mechanism, be more effectively targeted
the legislation can continue to operate in an in order to ensure the most efficient
efficient and workable manner, there may be deployment of resources?
a case for a greater focus on the accountablity
in terms of substantive decisions and other • Does this require a reconsideration of
actions of public bodies that affect the rights the purpose of FOI, to move beyond
and interests of individuals. treating access to records as an end
in itself, but instead as a means of
Many countries in their FOI laws specify classes bringing about policy goals such as
of “public records” or “official documents”,35 ensuring accountability, enabling
which have a particular standing or importance, citizen engagement and supporting
and to which differing transparency participatory democracy?
requirements may apply, for example may be
subject to mandatory publication, as outlined
above.
Incremental
Reforms
The majority of the issues identified in the
scoping process and initial stakeholder Better communication with the requester
engagement may be seen as incremental
in nature, insofar as they do not aim to
- once the FOI goes in they tend to hear
significantly alter the structure of the FOI nothing till they get files or a refusal
legislation as it exists, but rather to update
certain features and to address issues that
are seen to have arisen in practice. These
represent potential updates to FOI legislation The culture of contact between the
and practice that could be implemented in the requesters and those processing the
short to medium term. requests - I think this can help people find
While in general the issues raised tend to out what they want
coalesce around a small number of key themes,
many of the issues identified are particularly
technical and granular. A selection are
presented below for comment.
Questions too open – queries looking for
all and sundry
Improving the request process
The FOI system as it stands is based on
requesting records. In order to operate
Less picky about wording - it should be
effectively it requires what has been termed, easier for people to seek information more
“prerequisite knowledge”; that the requester generally, and not to have nitpicking over
should know what they are looking for.36 It
follows from the request-based nature of the
wording as a core part of the process
FOI system that where a request is vague,
unclear, unfocused or is not addressed
specifically to the task of seeking records, sub- Take the request in the spirit not the letter
optimal outcomes are delivered.
These reforms would focus in particular on the • The current arrangements for extensions
early stages of the process in order to ensure of time were identified in scoping on
that only clear and focused requests for records various grounds as requiring further
are accepted in to the system. They would also examination.
aim to clear up ambiguities or situations not
• Is there scope for a shorter period to
explicitly addressed in the current legislation
apply to requests where both requester
that have been observed in practice as giving
and body agree that this is appropriate
rise to issues.
and the number of records involved is
small and precisely identified?
Steps for consideration may include:
• Conversely, is there scope for a longer
• How to clarify the standard for a valid period to apply where both requester
request? and body agree that this is appropriate
and the request would otherwise fall to
• How can further engagement between
be refused under section 15(1)(c) of the
requesters and public bodies be
Act? For example, this may be helpful if
encouraged in order to assist them
a person wants a full file relating to them
in meeting their objectives with the
and it would not be possible to process
most efficient possible use of public
the entire set of information within four
resources? While the legislation
weeks.
provides an important safeguard in
ensuring that a requester’s motive
cannot be a ground for refusing a
request, this may be interpreted in
an overly broad way by public bodies
and act as an impediment to effective
collaboration with requesters.
37 e.g. New Brunswick Right to Information and Protection of Privacy Act, section 12
24
If an issue arises where a body takes the view FOI [should be] extended to non-public
that FOI does not apply to it, but a requester bodies significantly funded by the State
disagrees, the matter can be referred to the
OIC and ultimately to the Minister for Public
Expenditure and Reform for a determination.
Funding for Community/Voluntary
In practice, however, significant difficulties have through public funds are for very specific
arisen with the operation of this approach. By
way of example, it is now impossible to compile purposes … and cannot be used for any
a comprehensive list of bodies to which FOI other purpose, like funding a FOI Officer.
applies. Instances may have arisen where
bodies have acted on an assumption that the
legislation applied to them, where in fact they
did not meet the criteria. Any purported FOI Additional safeguards for regulatory
decisions issued in such circumstances are bodies around investigative or
highly problematic.
disciplinary processes required in the
In resolving disputes relating to whether FOI public interest
applies, both the OIC and the Department
have noted particular difficulties in assessing
whether section 6(1)(f) applies in the context
of comparatively informal FOI processes, Schedule 1, Part 1 exemption applying to
which involves a finding on whether an entity records originating with partially included
is “directly or indirectly controlled” by an FOI body but retained by/or forwarded to
body. Arguably, if an entity is controlled by
a public body in a meaningful sense, then other bodies
its records should in any event be accessible
by making a request to the public body
concerned.39
The structure of Schedule 1 Part 1 is
difficult. Also, particular issues arise
such as, for example ... the status of staff
members of the entity concerned; whether
38 FOIA 2014, section 6(1) they are staff of an FOI body for purposes
39 FOIA 2014, section 2(5) provides that “… a reference
to records held by an FOI body includes a reference to of personal information and for the
records under the control of that body”; see also CPU
Notice 9 in relation to Board Papers held by FOI Bodies purposes section 35(2)
https://bit.ly/3NMm6lN
27
Some agencies are excluded from FOI or Issues to be addressed around this topic may
part-included in relation to some functions. include:
However, there may be a lack of consistency
to the approach, with some outliers around • Is there a case for a return to a definitive
certain types of functions, such as investigatory list of FOI Bodies? If so, how might the
and Ombudsman type bodies. transition be managed?
30