S.I. No. 521/1998 - Freedom of Information Act, 1997 (Section 28(1)) (Amendment) Regulations, 1998

S.I. No. 521 of 1998.

FREEDOM OF INFORMATION ACT, 1997 (SECTION 28(1)) (AMENDMENT) REGULATIONS, 1998

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 3 of the Freedom of Information Act, 1997 (No. 13 of 1997), hereby make the following regulations with respect to which, pursuant to section 3(3) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. These Regulations may be cited as the Freedom of Information Act, 1997 (Section 28(1)) (Amendment) Regulations, 1998.

2. In these Regulations a reference to a section is a reference to that section of the Freedom of Information Act, 1997 (No. 13 of 1997).

3. Notwithstanding the provisions of section 28(2)(a), for the purposes of section 28(1) a head shall, subject to the provisions of sections 28(2)(b) to (e), 28(5) and 28(6), refuse to grant a request under section 7 if, in the opinion of the head, access to the record concerned would, in addition to involving disclosure of personal information relating to the requester, also involve disclosure of personal information relating to an individual or individuals other than the requester.

GIVEN under my Official Seal, this 22nd day of December, 1998.

CHARLIE McCREEVY, T.D.,

Minister for Finance.

EXPLANATORY NOTE

These regulations relate to requests for records containing joint personal information e.g. information not only about the requester but also a third party. The purpose of the regulations is to confirm that, in such circumstances, third party information would, subject to public interest or other considerations specified in section 28, remain protected. The regulations will not restrict in any way the provision of personal information that relates solely to the requester.