What should you do if a request is made under FOI?

The Freedom of Information Act 2014 extended FOI to all public bodies including ETBs and ETB schools. If an ETB school receives a request for personal information cited under Freedom of Information (FOI), the school should immediately forward the request to the ETB for reply.

Schools other than ETB schools are not comprehended by the FOI legislation. Where such schools receive a request for personal information cited under Freedom of Information (FOI), the school should reply in writing to the individual concerned advising that <named school> is not covered by the Freedom of Information Acts but suggesting that the person advise what information they are seeking to ascertain whether the School can facilitate the person under another statutory provision, eg. a student’s request for records under section 4 Data Protection Acts see There is no Age of Consent under Data Protection Acts or a parental request for information being facilitated under section 9(g) Education Act 1998.

Non-ETB schools need to be aware that if they provide information to certain third parties (e.g. DES, HSE), that information may be released to the public and/or the press pursuant to an FOI request, where that body is a designated body under FOI. A statement to this effect should be included in the school’s Data Protection Policy to ensure that staff, students, and their parents/guardians are aware of this.