Freedom of InformationThe Freedom of Information Act 2014 gives you the right to access records held by Tallaght University Hospital (TUH). Such requests may be for personal or non-personal (i.e. corporate) records. The Act requires public bodies to respond to requests from the public for information they hold. In most cases public bodies must give their decisions on a request within four weeks upon receiving the request. Requests may be refused if they are deemed too large or unclear, however TUH is obliged to assist in trying to overcome this. The FOI Act 2014 provides that every person has the following legal rights: - Any records held by TUH relating to you personally, irrespective of when they were created.
- All other records created after 21 April 1998 (which is the commencement date of Freedom of Information legislation in Ireland).
- Any additional information which may be required to assist in the understanding of a current record.
- You have the right to have your personal records amended or deleted where the information is found to be incorrect or misleading.
- You also have the right to seek reasons for decisions that affect or have affected you.
Your FOI request should include the following: - A statement that the request is being made under the Freedom of Information Act 2014
- Provide as much information as possible about the records being sought including the time period.
- Photograph ID, proof of address (only required if requesting your own records).
If you are seeking records of a child / minor under the age of 16 years old you must provide your photo ID, proof of address, the child’s/minors birth certificate If you are requesting medical records of a deceased relative the next of kin or other family members may request access to the patient’s medical records. These requests are always dealt with by the Freedom of Information Officer (FOI). The FOI Officer will balance the patient’s right to confidentiality with the right of another person to be given that information in the public interest. You must provide the following information: - The completed FOI RIP Form available here
- Copy of the deceased’s Death Certificate
- Proof of your relationship to the deceased person
- Proof of your own identify (see above)
- Proof of address to which the information is to be sent (see above)
Receipt of your request will be acknowledged within ten working days (where a week is defined as five working days, excluding weekends and bank holidays). At this time, you will be advised as to when you may expect to receive a decision on your request. A decision on your request will usually be made within four weeks. This is where a week is defined as five working days, excluding weekends and bank holidays If you are not satisfied with the decision on your FOI request You may seek an internal review of the initial decision. This review will involve a complete reconsideration of the matter by a more senior member of staff at TUH to the person who made the initial decision. Reasons for seeking an internal review include where you - Are dissatisfied with the initial response (for example, refusal of information, form of access, charges, etc.) or
- Did not receive a reply within the specified four weeks dated from your initial request (this is known as a ‘deemed refusal’ and, where this occurs, you are allowed to proceed to an internal review)
A request for an internal review must be submitted within four weeks from the date of the initial decision to your request (although late appeals may be permitted in certain circumstances). The FOI Appeals Officer reviewing the appeal must complete the review within three weeks (where a week is defined as five working days, excluding weekends and bank holidays). An internal review must normally be completed before an appeal may be made to the Office of the Information Commissioner (OIC). The outcome of the internal review will be communicated to you within three weeks of receipt of your request to appeal. If you are not satisfied with the decision on your internal review You may appeal the decision within six months by writing to the Office of the Information Commissioner. If you make an appeal the Information Commissioner will fully investigate and consider the matter and issue a fresh decision. All appeals should be addressed to: Appeals Office of the Information Commissioner, 6 Earlsfort Terrace, Saint Kevin’s, Dublin 2, D02W773. Website www.oic.ie Fees There is no fee to submit a request, however fees may be charged for the search, retrieval and copying of records requested. This process involves the following stages: €0.04 per sheet for photocopy and Internal Review fee €30 (€10 for medical card holders) Details of charges relating to your request will be notified to you in writing. In cases where search, retrieval and copying fees apply, TUH is obliged to charge the requester a deposit of at least 20% of the estimated cost. |