Ruling on freedom of access to data

INFORMATION COMMISSIONER Emily O'Reilly has ruled that a public authority may not levy unreasonable charges on members of the…

INFORMATION COMMISSIONER Emily O'Reilly has ruled that a public authority may not levy unreasonable charges on members of the public under an EU directive giving freedom of access to information on the environment.

In an appeal brought by a group called Open Focus, which had sought details of sewage treatment plants in Co Sligo, she ruled that the county council was not entitled to seek €285 for providing the requested information.

Under the Access to Information on the Environment Regulations 2007, no fee may be charged for making a request, whereas anyone doing so under the Freedom of Information Act must pay €15.

Charges may be made for supplying the information but must not exceed a "reasonable amount", and a list of how fees are calculated must be made available.

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Sligo County Council had failed to provide such a list. On this basis, Ms O'Reilly confirmed the appeal and required the council to provide the information free of charge.

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor