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Freedom of Information section 15 & 16 manual

General overview

Introduction

Mission Statement

To enable people who are blind and vision impaired to overcome the barriers that impede their independence and participation in society.

NCBI:

• offers service users access to its publicised information, statements and policies.
• provides access to information outside of the Freedom of Information Acts, where applicable.
• assists people to exercise their Freedom of Information rights.
• assists people to complete their Freedom of Information applications.
• explains the records held to assist applicants to clarify requests.

The NCBI is a not for profit voluntary body whose registered charity number is CHY 4626. We are also a company limited by guarantee with our registered office at Whitworth Road, Drumcondra, Dublin 9. Registered number 26293.

Information Routinely Available

The Freedom of Information Acts 1997 and 2003 are intended to facilitate public access to information held by public bodies, which is not routinely available by other means. Access to information under the terms of the Act is subject to certain exemptions, procedures and time limits. Details on how to make a request for information under the Act are provided in chapter 4 of this manual.

The NCBI already makes available certain information on our functions and activities to the public through our annual reports, website, information leaflets and through discussions with staff members. Information is available in an electronic form, braille, on audio tape, in large print as well as in regular print formats from:

NCBI Head Office
Whitworth Road
Drumcondra
Dublin 9
Tel: 01 8307033
Locall: 1850 33 43 53
Fax: 01 8307787
Email: info@ncbi.ie [ 1 ]

This information will continue to be available without having to make a formal request under the Freedom of Information Acts 1997 and 2003. NCBI staff will also deal with requests for information informally. Information is also available outside the Act through administrative access, that is, by writing to the appropriate staff member stating the information required.

Freedom of Information (FOI) Act

The FOI Act is designed to allow public access to information held by public bodies (which includes NCBI) that is NOT routinely available through other sources. The Act asserts the right of members of the public to obtain access to the greatest extent possible consistent with the public interest and the right to privacy of individuals. Access under the Act involves specific procedures and time limits, and is also subject to certain exemptions.
Three statutory rights have been established under FOI.

• A legal right for each person to access information held by a public body;
• A legal right for each person to have official information relating to him / herself amended where it is incomplete, incorrect or misleading;
• A legal right to obtain reasons for decisions affecting oneself.

Section 15 manual: Section 15 of the act requires each body coming within its jurisdiction to provide information on its structure and organisation, its functions, powers and duties, the services it provides, its classes of record and the procedures by which these services may be availed of by the public. This publication is published in response to the requirements of section 15 of the act and contains information on how to obtain routine information and how to make a request to NCBI under the Freedom of Information Acts.

Section 16 manual: Section 16 of the act requires NCBI to publish information regarding rules and practices in relation to certain decisions taken by us. Section 16 of the Act obliges NCBI to make our internal rules, guidelines and procedures known and available to the public. In accordance with the requirements of Section 16, NCBI has prepared documentation containing:
Details of services provided;

• Details of policies, guidelines and protocols in use;

• Eligibility criteria for services AND

Appeals and complaints procedures.

The Section 16 manual is published together with the Section 15 manual for the convenience of the public.

How to obtain information from NCBI outside of the freedom of information acts (1997 and 2003)

Introduction:

The staff of the NCBI will make information available to the general public or respond to an individual request for information to the greatest extent possible taking into consideration the public interest and the right to privacy.
Chapter 1 of this manual describes how information is made available to the general public through contact with NCBI, and through a range of publications including our annual report. One to one discussion with us is an important way to obtain routine information and it may be beneficial that the initial request for information be made on a one to one basis.

In releasing information, staff of NCBI will always have regard to the individual's privacy, confidentiality and the public interest. The requester will be required to produce proof of identity if necessary. If appropriate the requester will be advised to make a formal request for the information sought, such as an application under administrative access.

Administrative access may not be appropriate where sensitive records, third party information or confidential information is involved.

Making an administrative access request

• The request must be in writing.
• Address it to the Chief Executive or the Director of Services at: NCBI, Whitworth Road, Drumcondra, Dublin 9

• Give sufficient information to facilitate efficient identification and processing of the information sought.
• Staff who wish to request information in relation to their personnel records should address their request to their direct line manager.
• Every effort will be made to respond to the request as quickly as possible.

Exceptions to administrative access

A situation may arise where it would not be appropriate for the NCBI to release the information requested through administrative access. This will be explained to the requester and he / she will be advised to make a request under the Freedom of Information Acts, 1997 and 2003 and be assisted with making such a request.

NCBI records

NCBI Customer Base

The NCBI has a wide range of customer groups including:

• Staff
• Service users – members of the public
• Volunteers
• Staff in the health service executive and voluntary agencies
• Staff in a number of government departments
• Groups representing specific disability needs
• International organisations including the World and European Blind Unions
• The media

Overview of NCBI Records

NCBI is committed to the principles of good record management. It has procedures for the retention, storage and security of records, which are compliant with national legislation, national standards and directions, and best practice.

Policy with regard to Confidentiality

The NCBI undertakes to hold any information provided to it by individuals or others on a confidential basis, subject to the NCBI’s obligations under law, including the Freedom of Information Acts 1997 and 2003.

If, for any reason, it is wished that information provided to the NCBI should not be disclosed because of its sensitive nature, then it is incumbent upon the person or body when supplying the information, to make clear this wish and to specify the reasons for the information's sensitivity. The NCBI will consult with any individual or body about supplying sensitive information before making a decision on any Freedom of Information request received.

Classes of Records

The main classes of record held in NCBI relate to all of the departments named, which include:

• Service user contact files
• Administrative files
• Computer files
• Electronic (email)
• Financial files
• Maintenance / technical
• Materials / stock files
• Memos / circulars
• Miscellaneous (including books, journals, leaflets, videos, photographs etc.)
• Personnel files
• Policies
• Reports

Accessing information under the Freedom of Information Acts, 1997 and 2003.

Introduction

Under the Freedom of Information Acts, 1997 and 2003, you are entitled to apply for access to information not otherwise publicly available. You have a right to:

• access records held by the NCBI not covered by one of the exemptions in the Act.
• correct personal information relating to yourself held by the NCBI where it is inaccurate, incomplete or misleading.
• access reasons for decisions made by the NCBI directly affecting you.
  The following records come within the scope of the Act:
• all records relating to personal information held by public funded voluntary bodies irrespective of when created.
• all other records created since the Freedom of Information Acts (21 April 1998).
• any other records necessary to the understanding of a current record.
• personnel records of serving staff created from 21st April 1995 and those created prior to that date where being used or proposed to be used in a way, which adversely affects or may affect the person involved.

Making an application under the Freedom of Information Acts

Requests for information under the Freedom of Information Acts 1997 and 2003 should be made in writing and if applicable accompanied by the appropriate fee. In preparing your request, you should follow these guidelines.

• Please be as detailed and as specific as possible when compiling your application as this will assist us in dealing with it. It can also result in lesser charges being incurred on search and retrieval in cases where these fall to be paid. Where possible please try to indicate the time period for which you wish to access records e.g. records created between May 2003 and December 2003. If you have any difficulty in preparing your application our staff will be happy to assist you in this regard.

• You may be required to prove your identity, especially when seeking personal information, so you may, therefore, be asked to produce your birth certificate, driving licence, passport or other form of identity.

• Please include your full personal contact details, a daytime telephone number, if possible, so that you may be contacted quickly if it is necessary to clarify details of your request.

• If you require a reply in a particular format please mention this in your application.

Assistance to persons with a disability

We are available to provide assistance to persons with a disability to exercise their rights under the FOI Acts (for example, accepting oral requests from requesters who unable to read and / or write due to their disability, enabling the requester to inspect or have records read to him or her. Requests will be accepted in a format used by the requester for example, electronically, braille, or on audio tape.

We are happy to provide assistance to members of the public who seek advice on making a request.

Please send all Freedom of Information Requests to:

Niamh Connolly
Freedom of Information Officer
NCBI Head Office
Whitworth Road
Drumcondra
Dublin 9
Locall: 1850 334353
Fax: 01 8307787
Email: info@ncbi.ie [ 2 ]

You do not have to give any reason for requesting access to the record, and no person has the right to demand such reasons from you. The Freedom of Information Acts 1997 and 2003 prohibits the denial of access based on your real or presumed motives in requesting a record. If you have difficulty in identifying the precise records, which you require, NCBI will identify our Freedom of Information Officer or other appropriate staff who will be happy to assist you in preparing your request.

How Freedom of Information applications are dealt with

Our FOI decision maker, Elaine Howley, NCBI Director of Services, will make decisions in relation to your FOI application.

The Freedom of Information Acts sets down strict time limits for the processing of your requests:

• You should receive an acknowledgement of your request within two weeks of receipt of your request;
• You should receive a reply to your request within four weeks of receipt of your request. A week is defined in the Act to mean five consecutive weekdays, excluding Saturdays, Sundays and public holidays. However, the NCBI may extend this period if:
  • your request related to a very large number of records;
  • a large number of requests for the same record(s) have been made;
  • the records relate to a third party who may have to be contacted;
    If the period is extended, you will receive notice of this before the end of the initial four-week period, and the reasons for the delay will be given.

If the NCBI considers that your request should be sent to another public body, the request shall be forwarded to that body, and you will be notified that this has happened. This must be done by NCBI not later than two weeks from the receipt of your request. Your request will be effective from the date it is received by the second public body.

If your request is granted:

• You will receive a letter stating that your request has been granted;
• You will be told the name of the person dealing with your request;
• You will be told the day on which access to the relevant records will be granted, and the manner in which it will be granted;
• You will be given details of the fee, if applicable.

If your request is refused:

• You will receive a letter stating that your request has been refused, and giving reasons for the refusal;
• You will be informed of your rights of appeal and review, as set out below.

Rights of Appeal & Review

The Act sets out a series of exemptions to protect sensitive information, where its disclosure may damage key interests of NCBI or of third parties. Where the NCBI invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc. may also be appealed. Details of appeals mechanisms are as follows:

Internal Review

You may seek internal review of the initial decision, which will be carried out by an official at a higher level, if:

• You are dissatisfied with the initial decision;
• You have not received a reply within four weeks of your initial application.

This is deemed to be a refusal of your request and allows you to proceed to internal review.

If applicable, the relevant fee should be paid by bank draft, money order, postal order or cheque drawn on a bank in the republic of Ireland made payable to the NCBI.

Requests for internal review should be submitted in writing to Mr. Desmond Kenny, Chief Executive, NCBI, Whitworth Road, Drumcondra, Dublin 9.

A request for internal review must be submitted within four weeks of the initial decision. The NCBI must complete the review within three weeks. An internal review must normally be completed before an appeal is made to the Information Commissioner.

Review by the Information Commissioner:

If following completion of the internal review your request has still been refused in part or total, you may seek independent review of the decision by the Information Commissioner. Also, if you have not received a reply to your application for internal review within three weeks, this is deemed to be a refusal and you may appeal to the Information Commissioner.

Appeals may be made to:
The Information Commissioner
18 Lower Leeson Street
Dublin 2
Tel: 01 6395689
Lo call 1890 223030
Fax: 01 6395676
Email: info@oic.ie [ 3 ]
Website: www.oic.ie [ 4 ]

Fees

Application fees

A standard application fee of €15 must accompany an FOI request made under section 7 of the Act for a record or records containing non-personal information.

A reduced fee of €10 applies if the person making such a request is covered by a medical card.

The following requests / applications are exempt from application fees:
(a) A request under section 7 for a record or records containing only personal information related to the requester.
(b) An application under section 17 (right of amendment of records relating to personal information).
© An application under section 18 (right of person to information regarding acts of pubic bodies affecting the person).

Internal review fees

A standard application fee of €75 must accompany an application for internal review under section 14 of the Act.

A reduced fee of €25 applies if the person bringing the application is a medical card holder or a dependant of a medical card holder.

The following internal review applications are exempt:
(a) An application in relation to a decision concerning records containing only personal information related to the applicant.
(b) An application in relation a decision under section 17 (right of amendment of records relating to personal information).
© An application in relation to a decision under section 18 (right of person to information regarding acts of pubic bodies affecting the person).
(d) An application in relation to a decision to charge a fee or deposit, or a fee or deposit of a particular amount.
(e) An appeal of a decision which is deemed to be refused because the original request was not replied to within the required time limits.

Review by Information Commissioner

A standard application fee of €150 must accompany applications to the Information Commissioner for review of decisions made by public bodies under section 34 of the Act.

A reduced fee of €50 applies if:
(a) the person bringing the application is a medical card holder or a dependant of a medical card holder or
(b) the person is specified in section 29(2) i.e. a third party with the right to apply directly to the Information Commissioner where a public body decides to release their information on public interest grounds.

The following applications to the Information Commissioner do not require an application fee:
(a) An application concerning records containing only personal information related to the applicant.
(b) An application in relation a decision under section 17 (right of amendment of records relating to personal information).
© An application in relation to a decision under section 18 (right of person to information regarding acts of pubic bodies affecting the person).
(d) An application in relation to a decision to charge a fee or deposit exceeding €25.00 under section 47 in respect of search and retrieval and photocopying of records (decisions in relation to the charging of fees or deposits for search and retrieval and / or photocopying of less than €25 are not subject to review by the Information Commissioner).
(d) An application in relation to a decision to charge a fee under section 47(6A), or a fee of a particular amount under section 47(6A), on the grounds that the records concerned do not contain only personal information related to the requester or the requester is not a medical card holder or a dependant of a medical card holder.
(e) An appeal of an internal review decision, which is deemed to be refused because that decision was not made within the required time limits.

Search and Retrieval and photocopying fees

Fees may also be charged for search and retrieval of records as follows:

• In respect of personal records, fees in respect of the cost of copying the records requested will apply.
• In respect of other (non-personal) information, fees may be charged in respect of the time spent in efficiently locating and copying records, based on a standard hourly rate of €20.95. No charges shall apply in respect of the time spent by public bodies in considering requests.

A deposit may be payable where the total fee is likely to exceed €50.79. In these circumstances, we will, if requested, assist the member of the public to amend the request so as to reduce or eliminate the amount of the deposit.

Charges may be waived in the following circumstances:

• where the cost of collecting and accounting for the fee would exceed the amount of the fee; or
• where the information would be of particular assistance to the understanding of an issue of national importance; or
• in the case of personal information, where such charges would not be reasonable having regard to the means of the requester.

Section 47 of the FOI Act sets out the rules for applying search and retrieval fees. Fees are currently set as follows in accordance with Statutory Instruments Nos. 264 of 2003, 139 of 1998 and 13 of 1997:

• €20.95 per hour - search and retrieval
• €0.04 per sheet for a photocopy
• €0.51 for a 3½ inch computer diskette
• €10.16 for a CD-ROM

NCBI services

Who We Are

• NCBI is a not for profit charitable organisation which offers support and services nationwide to those experiencing difficulties with their eyesight.
• About 5 percent of people using NCBI’s services are completely blind, while 95 percent have varying degrees of usable vision.
• We were established in 1931 to promote the full independence of people who are blind or vision impaired and now provides a range of services to over 15,000 people.
• NCBI also provides services to public and private organisations in relation to technology, access and awareness and media conversion services. All services are provided through a network of 150 staff members and over 25 offices nationally.
• NCBI has an annual turnover of €7M and was named as one of the 50 best companies to work for in 2005.

What we do

Community resource workers

NCBI community based staff nationwide are dedicated to meeting the individual needs of people with sight loss. They act as a local resource and provide emotional and practical support.

Low vision service

Our regionally based low vision service can be visited by anyone experiencing difficulty with their eyesight. This service offers support from a community resource worker, an optometrist, and a technology trainer and prescribes low vision and technical aids to enable a person with sight loss to enjoy everyday activities.

Rehabilitation and mobility training

NCBI offers training in independent living skills which provide practical solutions to enable people with sight loss to carry out everyday tasks safely and independently. Our orientation and mobility programme teaches people how to effectively use their residual vision or a long cane.

Peer counselling and family therapy

The unique skills of trained peer counsellors and family therapists are available. Peer counsellors have themselves experienced varying degrees of sight loss and use their training and personal experience of vision impairment to inform their counselling skills.

Braille, audio and large print library

NCBI’s libraries in Dublin and Cork provide a national braille, audio and large print book service to over 4,500 people. The library holds more than 10,000 audio, braille and large print books and further accessible books can be sourced from other international libraries. We also provide regular newspapers, popular Irish magazines and journals on audiotape and in braille to over 1,500 subscribers.

Media centre

NCBI’s Media Centre contains a braille unit and five audio recording studios. It is the largest provider of braille and audio material in Ireland. Our Media Centre produces leisure and business material in braille and audio formats for NCBI’s service users and a range of public and private organisations. It also produces audio-description for film formats and digital talking educational material.

Assistive technology

NCBI provides a range of assistive technology, which can enlarge print on a computer screen or read aloud what is on the screen. NCBI also offers guidance with selecting and using all of our technical aids and accessible mobile phones.

Centre for Inclusive Technology (CFIT)

NCBI promotes the accessible design of technology for use by people with a range of disabilities. CFIT works with public and private organisations to establish standards and to ensure that technologies are accessible.

Resource centres

An extensive range of large print, tactile and audible aids are available from NCBI’s regional resource centres.

NCBI’s early learning centre provides a specialised education service to children with vision impairments from birth to six years of age.

Day activity centres provide a wide range of classes and activities for adults, including computer training, fitness classes, yoga and a wide range of other recreations.

Employment

NCBI provides advice to both employers and employees on application procedures, interviews and career advancement, as well as advice on what adaptations can be made to assist a person with a vision impairment in the workplace and the grants that are available.

Access and awareness

NCBI staff assess the accessibility of the external environment, public buildings and transport for people with vision impairments, providing awareness and consultancy services to organisations nationwide.

Fundraising

NCBI’s fundraising team and network of fundraisers around the country run events, which support NCBI’s services.

Volunteers

Volunteers have contributed greatly to the development of NCBI. They enhance our existing services and allow us to provide a broader range of services.

Section 16 of FOI Act

Under Section 16 of the Freedom of Information Acts 1997 and 2003, the NCBI is required to make its policies, procedures and guidelines available to the public.

In accordance with Section 16, NCBI makes available:

• Details of services administered by NCBI - refer to chapter five of this manual.
• Rules, procedures and practices within NCBI.

The Section 16 manual is comprised of the following:

• General description of service provided. See chapter 5 of this manual.
• Legislative background - see section on legislative background to follow on page 24.
• Eligibility criteria.
• Appeals / complaints procedure.

NCBI Policies

NCBI has published a guide to the functions and records of the organisation and has made its policies, procedures and guidelines available to the public. Policies on the following issues are available on request from NCBI.

• Child & adult protection
• Communications
• Customer care and complaints
• Employment policy & procedures
• Health & safety
• Initial assessment by community based staff.
• New referrals to community based staff
• Record keeping by community based staff.

Legislative Background

There is a wide range of legislation under which service providers who provide personal social services within a health remit must operate. Many of these statutory instruments in one way or another and to a greater and a lesser extent apply to some of the services being run by NCBI. Some are specific to the provision of health and person social services while others have much wider application.

The legislative instruments that have health services application are:

• The Health Acts 1947, 1953, & 1970
• Childrens Bill 1999
• The Child Abuse Guidelines, 1987, Department of Health

General legislative instruments that have wider application and which impact on voluntary personal service providers are:

• Freedom of Information Acts, 1997 and 2003
• Data Protection Act, 1988
• Data Protection (Access Modification - Health) Regulations, 1989
• Health, Safety and Welfare at Work Act, 1998
• Fire and Safety Regulations
• Financial Regulations
• Food and Hygiene Regulations 1950 - 1989
• Social Welfare Consolidation Act 1981
• The Tobacco (Health Promotion & Protection) Regulations 1990

This manual will be revised not less frequently than every three years under the Freedom of Information Acts.