Freedom of Information Act 2014 in Ireland: What Public Body and HSE Staff Should Know

The Freedom of Information Act 2014 gives people a legal right to see records held by Irish public bodies, and the HSE is one of the largest bodies it covers. If you work in a Government department, local authority, education and training board, hospital or funded agency, you will sooner or later be asked to find, review or release records under it. This guide sets out what the official pages say about who is covered, how a request works, how exemptions and reviews fit in, and what staff can sensibly do to be ready. Access to personal data under GDPR is a different matter, and our guide to data subject access requests for HR covers that other route.

What the Act gives people

According to the Government's own page on FOI legislation (gov.ie, Department of Public Expenditure), the Act gives every person three legal rights:

• access to official records held by Government departments and other public bodies;
• correction or updating of personal information that is incomplete, incorrect or misleading;
• reasons for decisions made by public bodies that affect them.

The same page says a decision is due within four weeks in most cases, and that FOI bodies must publish information in line with the model publication scheme. Bodies are also encouraged to publish as much as possible outside the FOI process. The revised text of the Act on the Law Reform Commission site (updated to 31 July 2026) confirms the core points: a right of access to records held by an FOI body, a duty to publish a scheme, a right to reasons, and the ability to ask for personal information to be amended.

Which bodies are covered

The national FOI website (foi.gov.ie) says that bodies fitting the definition in the Act are subject to FOI unless they are specifically exempt, in whole or in part. The types it lists include:

• Government departments and their agencies;
• An Garda Siochana;
• local authorities;
• education and training boards;
• the Health Service Executive and voluntary hospitals;
• universities and other higher education institutions;
• regulators and the Central Bank of Ireland;
• certain commercial State companies.

The Act also lets the Minister declare certain other entities to be prescribed bodies, which can include entities funded wholly or partly by the State. For non-public bodies significantly funded by the State, the gov.ie page says requests go to the funding agency. Whether a particular body is covered, or covered only in part, is something to check on foi.gov.ie or with the body's FOI officer rather than assume. The gov.ie page also notes that each FOI body has one or more FOI officers who handle requests. Our suggestion: whether your team is based in Dublin or elsewhere, find out who your FOI officer is before the first request arrives.

How a request works

The Act says a request is made in writing (or another form the Act allows), states that it is made under the Act, and gives enough detail to identify the records. The revised Act text shows an acknowledgement due within two weeks and a decision not later than four weeks after receipt, with a separate provision for extensions of time. We could not read the extension provision in full, so check the Act itself if timing matters.

The HSE's own pages set this out in practical terms:

• A request can be made by emailing the relevant Regional FOI Office or completing the HSE form, and it must say it is made under the Freedom of Information Act.
• The records should be described as precisely as possible, for example by service location or dates.
• For personal records, proof of identity is needed. For a child under 18 the HSE asks for proof of parental or guardianship responsibility, and for someone acting for another person it asks for evidence of consent or authority.
• Non-personal corporate requests go to a dedicated corporate FOI mailbox, which is published on the HSE page.
• The HSE's making-a-request page states that an acknowledgement is issued within 10 working days and a decision within 20 working days, with a notice if more time is needed. Its FAQ page also says a decision is due within 20 working days.
• Voluntary hospitals are independent and handle FOI requests themselves, so a requester has to contact them directly.

One point to check: the HSE FOI page last reviewed on 13 August 2026 says non-personal records created after 21 April 1998 can be requested, while an undated HSE FAQ page refers to records from 21 October 1998 onward. The two pages do not agree, so rely on the Act and the current HSE page rather than either date quoted here.

Personal and non-personal records

The HSE page says people can request any personal records the HSE holds about them from any time, and non-personal records created after the date given on the page. The Act defines personal information broadly, as information about an identifiable individual, and its list includes educational, medical, financial, employment and other categories. For staff, the practical consequence is that the same file can contain personal information about several people. Releasing a record often involves deciding what can go to the requester and what cannot.

The HSE page on requests for personal records does not mention GDPR. If your service also handles requests for health records outside FOI, our guide to patient access requests under GDPR in Irish health services explains that separate route. The HSE FAQ also notes that you do not always need an FOI request: people can ask staff directly or write to the appropriate officer for administrative access.

Exemptions

FOI is a right, but it is not unlimited. The headings of the exemption sections in the revised Act cover, among others: meetings of the Government; deliberations of FOI bodies; functions and negotiations of FOI bodies; law enforcement and public safety; security, defence and international relations; information obtained in confidence; commercially sensitive information; personal information; and financial and economic interests of the State. The HSE FAQ lists a similar set in plain language, including personal information about other people, information supplied in confidence, law enforcement, commercially sensitive information and deliberations of public bodies. It adds that protected information may be released where the public interest justifies it.

We have not set out the detailed tests inside each exemption, because we could not read the operative text of those sections. Decision makers should work from the Act and the guidance published on foi.gov.ie, not from a summary like this one.

Reviews and appeals

If a requester is unhappy with a decision, the route described by the HSE is an internal review by a reviewer named in the decision letter, independent of the original decision maker, and then an appeal to the Information Commissioner. The Office of the Information Commissioner describes itself as Ireland's FOI appeals body. It says it can affirm, vary or annul a decision, or make a new one, and it aims to complete reviews within four months, although complex cases may take longer. The HSE FAQ says a High Court appeal is available on a point of law only.

The HSE FAQ gives time limits for applying for internal and external review. That page does not show a review date for these limits, so confirm the current limits on the decision letter and the Commissioner's website. We have not quoted fee figures: the HSE FAQ fee information carries only a 2014 date and fees can change, so check the official page on the day.

What staff should know

Neither the Act summary nor the HSE pages describe a mandatory training course for staff. What follows is therefore a practical approach, not a legal requirement:

• Know your FOI officer. Every staff member who might receive a request should know where to send it straight away, because the clock runs from receipt by the body.
• Recognise a request. A request must be in writing and refer to the Act, but the HSE FAQ says public body staff must assist people seeking access. Our suggestion: when in doubt, forward it.
• Write with disclosure in mind. Emails, notes and minutes can be records. Keep them factual and professional.
• Keep records in order. Retrieval is quicker when records are filed consistently and retention rules are followed. Our overview of employment records retention periods is a starting point for HR files.
• Do not alter or destroy records once a request is live. We have not covered the Act's offence provisions, so ask your FOI officer or legal adviser what applies in your organisation.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does the Freedom of Information Act 2014 apply to the HSE?

Yes. The national FOI website lists the Health Service Executive and voluntary hospitals among the covered bodies, and the HSE publishes its own FOI request process. The HSE page says voluntary hospitals handle their own requests.

How long does a public body have to decide an FOI request?

The gov.ie page says generally within four weeks, and the revised Act shows a decision due not later than four weeks after receipt, with provision for extensions. The HSE pages refer to 20 working days.

Can a requester ask for any record at all?

No. The right of access is subject to exemptions. The HSE FAQ also says that some protected information may be released where the public interest justifies it.

What can a requester do if they disagree with the decision?

They can seek an internal review and then appeal to the Information Commissioner. The Commissioner's office says it aims to complete reviews within four months.

How do FOI requests relate to data protection access requests?

FOI requests are made under the Freedom of Information Act 2014. We have not set out how data protection access requests work here; see our linked guides for that separate route.

FOI rules and body-specific procedures are updated from time to time, so check foi.gov.ie, the Office of the Information Commissioner and your own body's FOI page before acting on any single point here.