Access to Personal and Non-Personal Information
An individual has the right to access both Personal and Non Personal Information held by Kilkenny and Carlow Education and Training Board via the following methods:
|Administrative Access Policy|
Under Administrative Access all appropriate information will be made available to the requester having regard to privacy, confidentiality and the public interest. As a matter of policy, the Kilkenny and Carlow Education and Training Board supports an individual’s right to see what information is held about them within its service. Generally, access to an individual’s own records should be provided administratively (subject to exceptions).
An individual must apply in writing to the appropriate School/Centre or Administrative Office and also send copy of request to firstname.lastname@example.org They must provide sufficient information to assist in locating their records, including; date of birth, current and previous addresses, any contacts they had with specific services and approximate dates. KCETB will need to verify by appropriate means the identity of an individual. They may be asked for proof of identity, for example providing a copy of current passport or driver’s license (or other suitable identification). This is in order to protect confidentiality. There will usually be no charge for copies of personal records. However, Kilkenny and Carlow Education and Training Board have the right to charge, if the quantity of records is very large, for photocopying.
Kilkenny and Carlow Education and Training Board will endeavour to make available to the public up to date details of the policies and procedures under which it operates. This information will be published on our website and may also be made available to individuals on request. A requester may seek access to non-personal information and Kilkenny and Carlow Education and Training Board will process this request under this policy. An individual must apply in writing to the appropriate School/Centre or Administrative Office.
Where access to a record or information cannot be provided to you directly under administrative access, you will be informed of this and advised of the option of making an application under the FOI Act 2014. Likewise, certain information may be of such a sensitive nature that requests for access can only be dealt with under the FOI legislation.
|Other Mechanisms for Access to Records|
Information and Records are the property of the agency of which they are held, i.e. the Kilkenny and Carlow Education and Training Board and are kept under strict security and apart from the circumstances above, may only be removed from the Kilkenny and Carlow Education and Training Board under the following conditions: –
•Upon a Court Subpoena;
•Request and/or Investigation by the Information Commissioner or Ombudsman;
•By an Officer authorised in writing by the Minister.
Current statutory provisions in Education/Health legislation may apply to disclosure of information. Therefore, the release of such records/information will be made on the grounds of public interest and on the basis of upholding, enforcing and/or administering the law.
|Freedom of Information Act 2014|
The Freedom of Information Act 2014 is an Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right of privacy, to information in the possession of public bodies, and certain other bodies.
Kilkenny and Carlow Education and Training Board are now included under the Freedom of Information Act 2014 as and from Tuesday 14th April, 2015.
|Entitlements under the FOI Act:|
•Receipt of your request must be acknowledged within 10 working days;
•A response will, in normal circumstances, be issued within 20 working days of receipt of a valid request;
•All decisions must be clearly explained, setting out the sections of the Act used in reaching these decisions;
•Details of your entitlements to Internal Review and appeal will be included in the decision letter.
The Freedom of Information Act was introduced to:
•Increase public appreciation of issues involved in policy decisions;
•Give stronger public ownership and acceptance of decisions made;
•Permit people access to their records and allow them to amend records if incorrect.
The Act sets out three new legal rights: –
•A legal right for each person to access information of a personal or non-personal nature held by public bodies;
•A legal right to have official information relating to him/her amended where it is incomplete, incorrect or misleading;
•A legal right to seek reasons for decisions that affect him/her;
These rights extend to an individual’s own records and in specific circumstances, to those of their children and deceased relatives. There are exemptions provided for in the Acts, this means that there are specific circumstances when the requested information will not be released, e.g. to protect confidentiality. If any of these exemptions are used to withhold information, the reasons will be clearly explained.
What Records can be accessed under FOI from Kilkenny and Carlow Education and Training Board?
•All records created on and after the 14th April 2015;
•All personal records, whenever created that are still in the position of the Kilkenny and Carlow Education and Training Board;
•All non–personal records created backdated to 21st April 2008;
•Earlier non-personal records (where they exist) if needed to understand later records which are accessed.
An individual may make a request for access to records. This request must be in writing stating that the request is made under the FOI Act and containing sufficient particulars in relation to the information concerned to enable the record to be identified.
A member of the public has the right to request information regarding acts of public bodies affecting them. A Freedom of Information request is a formal procedure and the public body is required to respond within four weeks. The request will be considered in accordance with the Act having regard to the exemptions provided for which include:
•Personal Information (other than information relating to the person making the request);
•Information supplied to the Kilkenny and Carlow Education and Training Board in confidence;
•Law enforcement and public safety;
•Commercially sensitive information;
•Deliberations of public bodies;
•Functions and negotiations of public bodies.
|How do I make an FOI request?|
•A request must be made in writing using the form below;
•The request must state that it is being made under the Freedom of Information Act, 2014;
•The request must be signed and dated;
•The request must state clearly the exact records being requested and supply as much detail (i.e. school/centre/office location, dates in attendance etc.) as possible;
•The request should state clearly the manner in which access is sought, for example, to view the original in a Kilkenny and Carlow Education and Training Board location or to receive photocopies of the original, hear / view audio-visual record, obtain a copy of a computer disk or other electronic device etc.;
•Supply proof of identity as relevant to the information sought;
•Kilkenny and Carlow Education and Training Board will accept requests by letter or email.
Send the FOI request to:
Kilkenny and Carlow Education and Training Board
Seville Lodge, Callan Road, Kilkenny
|Details of FOI Process and Rights to Appeal:|
•An acknowledgement will be sent within 10 working days, of receipt of a valid request;
•The Kilkenny and Carlow Education and Training Board will issue a decision to the requester within 20 working days upon receipt of a valid request;
•Notification will be sent, if an extension is necessary to facilitate the completion of the request;
•If an individual is dissatisfied with the decision made they may send an appeal in writing to the Internal Reviewer, named in the Decision Letter within four weeks of the original decision. This review is independent of the initial Decision Maker’s decision;
•A complete decision on the appeal will be sent to the requester within 15 working days of receipt of appeal;
•If dissatisfied with the Internal Reviewer’s decision the requester may appeal directly to the Information Commissioner (http://www.oic.gov.ie/en/) within six months from date of the internal reviewer’s decision, where an independent review of the matter will be carried out.
|Fees relating to FOI requests:|
The Freedom of Information Act 2014 provides for a completely new FOI fees regime. The following is a summary of the new fee structure in respect of non-personal requests: –
•The €15.00 application fee has been abolished;
•There is a minimum threshold of €101 below which no search, retrieval and copying fees can be charged. Once the charge reaches €101, full fees apply;
•There is a cap on the amount of search, retrieval and copying fees that can be charged of €500;
•There is a further upper limit on estimated search, retrieval and copying fees at €700.00 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit;
•The fee for internal review under Section 21 is now €30.00 (€10.00 for medical card holders and their dependants);
•The fee for appeals to the Information Commissioner under Section 22 is now €50.00 (€15.00 for medical card holders and their dependants).
The main functions of the Information Commissioner can be summarised as:
•The review (on application) of the decisions of the public bodies in relation to FOI requests and where necessary, the making of binding, new decisions;
•The review of the operation of the Freedom of Information Act 2014 to ensure that public bodies comply with their provisions;
•The fostering an attitude of openness among public bodies by the encouragement of the voluntary publication of information above and beyond the minimum requirements of the Acts;
•The preparation and publication of commentaries on the practical operation of the Acts; and
•The publication of an Annual Report.
The Data Protection Acts provide similar rights of access as the FOI Acts, the main difference being that the Data Protection Acts do not apply to records of deceased persons. As with the FOI Acts, these rights extend to an individual’s own personal records and in specific circumstances, to those of their children. There are exemptions provided for in the Acts, this means that there are specific circumstances when the requested information will not be released. If any of these exemptions are used to withhold information, the reasons will be clearly explained to you.
Data Protection is the safeguarding of the privacy rights of individuals in relation to the processing of personal data. An individual supplies information about themselves to many organisations, including the Kilkenny and Carlow Education and Training Board (KCETB) in order to avail of services or satisfy obligations. For the purpose of Data Protection, such organisations or individuals who control the contents and use of personal data are known as Data Controllers.
Kilkenny and Carlow Education and Training Board, as a Data Controller must adhere to the eight rules of Data Protection. The eight rules, which apply whether the information is held on a computer or in a manual form, are:
•Obtain and process information fairly;
•Keep it only for one or more specified, explicit and lawful purposes;
•Use and disclose it only in ways compatible with these purposes;
•Keep it safe and secure;
•Keep it accurate, complete and up-to-date;
•Ensure that it is adequate, relevant and not excessive;
•Retain it for no longer than is necessary for the purpose or purposes;
•Give a copy of his/her personal data to that individual upon request.
An individual must apply in writing and simply refer to the Data Protection Act.
|When to use the Data Protection Acts:|
An individual may use either the Freedom of Information Acts or the Data Protection Acts to access personal information held by public bodies. However, the Data Protection Acts apply only to an individual’s own personal information. Also, the Data Protection Acts apply to all holders of personal information, not just public bodies.
|Entitlements under the Data Protection Acts:|
•A decision will, in normal circumstances, issue within one month of receipt of your request;
•Details of your entitlement to complain to the Data Protection Commissioner will be included in the decision letter.
|Access to Information|
To make an access request under the Data Protection Acts, a request must be submitted in writing. The request should describe the records sought in the greatest detail possible to enable KCETB to identify the relevant records.
|Download Freedom of Information Request Form|
|FOI Disclosures Log|
|PROVISION OF INFORMATION TO MEMBERS OF THE OIREACHTAS|
In accordance with the protocol set down by the Dáil sub-Committee on Dáil Reform and the Code of Conduct for the Governance of State Bodies in relation to formal systems for the provision of information regarding agency operations to Oireachtas members in their capacity as parliamentarians and public representatives, Kilkenny and Carlow Education and Training Board has designated Liam Scott, Director of Organisation, as the organisation official responsible for ensuring the timely provision of information to members of the Oireachtas.
Kilkenny and Carlow Education and Training Board acts in full compliance of the directive, including provision of responses to information within the following timelines:
- Your correspondence will be acknowledged within 3 working days.
- Should your enquiry require research or consultation we will acknowledge receipt of your correspondence and provide a further response within 15 working days.
In the spirit of Open Government Partnerships, responses to queries will be published, where appropriate, on the Kilkenny and Carlow Education and Training Board website.
Oireachtas members should direct their queries to:
Liam Scott, Director of Organisation, KCETB, Athy Road, Carlow